Indian Constitutional Scheme Compared with Other Major Democracies

What the official syllabus says

Main Examination, General Studies II:

• Comparison of the Indian constitutional scheme with that of other major democratic countries.

Topics in detail

United Kingdom

• Unwritten (uncodified) constitution based on statutes, conventions and judicial decisions; parliamentary sovereignty
• Constitutional monarchy; prime minister and cabinet responsible to the House of Commons; House of Lords as a largely appointed chamber
• Supreme Court of the United Kingdom (since 2009); no power to strike down Acts of Parliament
• India's adoption: parliamentary system, cabinet government, rule of law, single citizenship; difference: India's written Constitution and judicial review

United States of America

• Oldest written national constitution (1787); rigid amendment procedure
• Presidential system with strict separation of powers; President not a member of Congress
• Federation formed by agreement of states; dual citizenship; equal representation of states in the Senate
• Judicial review since Marbury v Madison (1803); "due process of law"
• India's adoption: Fundamental Rights, judicial review, independent judiciary, impeachment of the President, office of the Vice-President

France, Germany and Switzerland

• France: semi-presidential Fifth Republic (1958); directly elected President and a Prime Minister responsible to Parliament; Constitutional Council
• Germany: Basic Law (1949); cooperative federalism; Bundesrat representing state governments; constructive vote of no confidence; Federal Constitutional Court; the "eternity clause" as a parallel to the basic structure doctrine
• Switzerland: plural executive (Federal Council); direct democracy through referendums and popular initiatives

Canada, Australia, Japan and South Africa

• Canada: federation with a strong Centre and residuary powers with the Centre; Governor-General appointed on the Prime Minister's advice
• Australia: Concurrent List, joint sitting of the two Houses, freedom of trade and commerce, compulsory voting
• Japan: "procedure established by law"; renunciation of war (Article 9 of its Constitution)
• South Africa: post-apartheid Constitution (1996), Constitutional Court, entrenched socio-economic rights; source of India's amendment procedure and election of Rajya Sabha members

Themes for comparison

• Head of state: nominal or real; election or heredity
• Legislature: composition and powers of upper houses; equal or population-based representation of states
• Federalism: holding-together (India) versus coming-together (USA) federations
• Judiciary: method of appointing judges; scope of judicial review; constitutional courts versus a single apex court
• Rights: enforceable rights, directive principles and socio-economic rights
• Amendment procedures and the limits on amending power
• Emergency powers and their safeguards

Overlaps

• Indian Constitution: sources of the Constitution.