Search 🔎

Comparative study of US Constitution and Indian Constitution

Comparative study of US Constitution and Indian Constitution

The US Constitution has influenced the Indian Constitution, but there are significant differences between the two. Read these study notes to find out what they are.

table of content
  • Similarities between the Constitution of India and the Constitution of America
  • conclusion

The US Constitution is one of the shortest constitutions and the first written constitution worldwide. The US Constitution is rigid in its format and consists of only 7 Articles and 27 Amendments. On the other hand, the Indian Constitution is the longest constitution ever written. It consists of 22 parts, 12 schedules and 448 articles. The Indian Constitution is a semi-federal constitution which means that it can change its form according to circumstances. The Indian Constitution has a major influence on the American Constitution. The British ruled India for years and gave India the infrastructure to create powers and run the government. The main features of the Constitution of India are derived from a 1935 Act of the UK Parliament. The Indian Constitution is also inspired by the constitutions of Canada, Russia, France and Japan.

Similarities between the Constitution of India and the Constitution of America

  • Both constitutions are in written format, even though the US Constitution is not as vast as the Indian Constitution.
  • Both the Indian and American constitutions are federal in nature. They say that the power belongs to the central government
  • Both constitutions lay the foundation of the fundamental rights of the people.
  • Distribution of powers is another common feature between both the constitutions to maintain and safeguard democracy.

Difference between Indian Constitution and US Constitution

  1. The Constitution of India is amendable, whereas the Constitution of America cannot be amended.
  2. The American Constitution cannot change its form, whereas the Indian Constitution can change its form considering the circumstances for the protection of the country. This means that the US Constitution is completely federal, whereas the Constitution of India is semi-federal. Semi-federal means that, if the need arises, the powers of the states will be reduced to zero, and the Center will become the supreme power.
  3. Dual citizenship is followed in the US Constitution; That means people should have citizenship of the state as well as the country. The Constitution of India works on single citizenship, which means that the resident must be a citizen of the country, no matter which state they live in. 
  4. In America the President is the head of the country. The Prime Minister represents the choice of the country and the people in India. 
  5. There is no provision for national emergency in the US Constitution. This is a special feature mentioned only in the Indian Constitution. In case of emergency, the powers go to the Central Government or the President, depending on the situation. In such scenarios the powers of the state become null and void. 
  6. Indian states cannot request amendments to the Indian Constitution. However, in the US, the states have equal power and can request amendments to the Constitution.
  7. An Indian President is elected by the members of the Rajya Sabha and holds office for 5 years. In America, people directly elect their President, who serves for 4 years. The President of the United States cannot be elected more than twice.
  8. The governors of states in America are elected by the citizens of America themselves. However, Indian governors receive their powers from the President.
  9. The main difference between the two constitutions is that judges hear criminal trials in India, and the judiciary is the supreme power. American trials are conducted by a special jury, in which the government randomly selects members of the public to render a verdict.
  10. The American Constitution is rigid whereas the Indian Constitution is flexible.

conclusion

The Indian Constitution has chosen the best features from various constitutions around the world. It takes its preamble from the US Constitution. India wrote its Constitution because it proved what Indian laws are. 

India took from America only what it felt was suitable for its people. The Indian Constitution stands on the pillars of sovereignty, secularism, unity, diversity. To maintain the dignity and peace of the country, India made its own constitution, which was amendable and described the rights given to the people.

In the Constitution, care was taken that no citizen of India should feel unsafe and every sector should be given equal importance. In this, importance was given to labourers, women and scheduled castes. Citizens' voting rights are clearly defined, and the opposition plays an important role in the Lok Sabha.