9/5/2019 OneNote

Comparison of Constitution
12 July 2017 15:23

Indian British American

Federalism Federal Unitary Federal
• All powers from • May be may not be • Indestructible Union of Destructible states
Constitution • It is a Legislative federation
• Bicameral ○ States active at legislative as well
legislature ○ Senate - same functions, international
• Supremacy of commitments and treaties
constituion ○ Unlike India - Executive federation -
states are imp at executive level
Sovereignt Of the People Of Parliament
y • Absolute Power
PM Head of Govt Same
First among equals - Should be of House of Commons
Actually moon among
stars
Indian PM - can be of any
house
Parliament Subject to Judicial • Parliamentary Sovereignty and • Limitations
Review and Basic Supremacy
Structure • It has no limits • Upper House - Senate strongest
• House of Lords weaker there as • Equal powers wrt bills
- it can only propose • Equal representation of all states
amendments and delay bills • Some areas like Ratification of
• Weaker than LC International Treaties available only to
Senate ( Hence states concern high)
○ `Punchhi says states should also be
involved in the international treaties
process

Speaker Not fixed • Neutral • Not neutral

• Resigns from Parties • Does not resign
• Only a casting vote ( India too) • Votes
• Disciplinary Powers • No disciplinary Powers

Judiciary Independent , Rule of Independent , Rule of Law • Right to life can be taken only by Due Process of
Law No Basic Structure , but law - Where Judiciary also checks the wisdom of
Judicial restrictions • Can still check if Power is the law
•
• Basic Structure Ultra Vire ( India too)
• Judicial review • Interprets the statuettes • President appoints judges, and has to be ratified
by senate
Has the Common Law system
• Law evolved by judges based
on past precedents
• India - common law along
with statutory laws

Head of President King President

State • Can be Hereditary • Impeached
impeached King can do no wrong • Can have his own staff - Not elected
Hence countersigned by Minister • Responsible directly to people, not to house
• Can't dissolve the legislature, nor does he
address it
• Pocket Veto lesser than India

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9/5/2019 OneNote
• However has a Qualifying Veto
• Also has the positive instrument ( unlike veto)
of recommending a bill
• Can be impeached only for Treason, Bribery or
High crimes - Not like India - violation of
constitution
Vice In case Prez dies and NA Same but in modern times more integral part in the
President head of Rajya Sabha Executive
House 1st bill introduced then Same Introduced 1st to committee itself and can be
Committee read and subsequently to declared null and void here only
s committee
Separation Weak Same Absolute separation with difference between
of Power Legislature and Executive
But some checks and balances like Impeachment,
ratification of international treaties present , judges
appointment present

Amendmen • Initiated by centre Unitary govt • Can be initiated by states as well

t • Half of states • 3/4th of states need to approve
approval
• Hence, amendment
more flexible in India

• Others
○ FRANCE
• One of the Strongest Executive Democracies
• Executive Supremacy
• Parliament power to delegate power in some domain, President in other - DYARCHY
• President has the powers of security and authority as in US as well as the power to dissolve the assembly as in
Britain
• Was done given the instability of the French Political system
• Unitary, Semi Presidential
• President and PM , who can be of different parties
• Election - PR with single non trasferable vote - if no party > 50% then 2nd round between top 2

○ Germany
• Modelled on British Parliamentary System with Prez as nominal head
• Real power with Chancellor - Chancellor's Democracy
• No Confidence only if the others can prove that they can form the govt '
• Mixed member proportional representation system
• 2 votes
• 1 for candidate to parliament
• Other for Party to the Bundestag - lower house - done so that it does not get divided into small parties

○ Canada
• Most similar to India
• Fedetal govt with powerful center
• Simialr parliament and weaker Upper House

○ China- Unitary, Democratic Centralism ( elections are held), One Party, Not too rigid nor too flexible, Parliament called
National People's Congress which elected President, executive and controls it , RIGHTS like FREEDOM of SPEECH also present,
DUTIES JUSTICIABLE

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