Jonah Patel
The Indian Constitution and the American Constitution are both supreme legal documents that lay out the fundamental political code, structure, procedures, powers, and duties of government institutions and citizens' rights. Despite this similarity, there are several differences between the two constitutions, including the fact that the Indian Constitution does not contain a bill of rights or a provision to limit the powers of Parliament to amend it. Additionally, the Indian Constitution gives the Central Government the power to form, alter, and dissolve states, whereas the American federal government does not have this authority. The Indian Constitution is also the world's longest written national constitution and is frequently amended.
Characteristics of the Indian Constitution and the American Constitution
| Characteristics | Indian Constitution | American Constitution |
|---|---|---|
| Date of adoption | 26 January 1950 | 1789 |
| Type of Republic | Secular, socialist, sovereign, democratic | Federal |
| Number of Constitutions | One for the Union and States | Two for Federal and States |
| Citizenship | Single | Dual |
| Legislative Powers | Divided between the Central and State governments | Divided between Federal and Units |
| Power to alter state boundaries | Parliament | States |
| Head of State | Prime Minister | President |
| Right to Bear Arms | No | Yes |
| Freedom of Press | Implicit | Explicit |
| Retirement of President | Not mentioned | 20th January noon |
| Influence | Austin and Bentham’s theory of law | Locke’s philosophy of inalienable natural rights |
| Number of Amendments | Most frequently amended | Not mentioned |
| Number of mentions of Indians | Not mentioned | Multiple |
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What You'll Learn
Additional human rights in the US Constitution
The Indian Constitution is the supreme legal document of India and is the world's longest written national constitution. It lays out the fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens.
The US Constitution, on the other hand, is highly influenced by Locke's philosophy of inalienable natural rights. It has provided additional human rights, which are not explicitly mentioned in the Indian Constitution. Here are some of the key differences:
Freedom of the Press and Speech
The First Amendment of the US Constitution explicitly guarantees freedom of the press, while in India, this is implicitly covered under Article 19 [1] [a], which guarantees freedom of speech and expression.
Right to Keep and Bear Arms
The Second Amendment of the US Constitution protects the right of citizens to keep and bear arms for their protection and the protection of their property. In contrast, India highly regulates the right to bear arms, and it is not considered a fundamental right.
Petition to the Supreme Court
In India, petitioning the Supreme Court is a fundamental right, while in the US, the government is petitioned. The word "government" in the US Constitution has a broader meaning and includes the higher judiciary.
Retirement of Outgoing President and Members of Congress
The US Constitution uniquely prescribes the date and timing of the retirement of the outgoing President and Vice President as well as members of Congress. The terms end at noon on the 20th day of January, with the new President and Vice President taking office on the same day (or the 21st if the 20th is a Sunday).
Additional Rights in the US Constitution
The US Constitution has been amended several times to include additional rights and freedoms. For example, the Thirteenth Amendment abolished slavery, the Fourteenth Amendment addresses citizenship rights and due process, the Fifteenth Amendment prohibits denying citizens the right to vote based on race, and the Nineteenth Amendment gave women the right to vote. The Ninth Amendment of the US Constitution also states that the listing of specific rights in the Constitution does not exclude other rights not explicitly mentioned. Additionally, the US Supreme Court has implied fundamental rights not explicitly stated, such as the presumption of innocence in criminal trials and freedom of movement.
Furthermore, the US Constitution contains provisions regarding American Indians, which are not present in the Indian Constitution.
Indian Constitution: Unique Features and Global Standout
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The Indian Constitution's length and complexity
The Indian Constitution is the world's longest written national constitution, with 395 articles and 8 schedules. It is made up of approximately 145,000 words, although one source places this figure at over 146,000 words. In comparison, the average length of constitutions across 203 countries is 14,350 words, making the Indian Constitution ten times longer.
The Constitution of India is a highly complex document, which has been amended over 100 times since its enactment. It is so specific in spelling out government powers that many of its amendments address issues dealt with by statute in other democracies. It is so lengthy that it has been criticised for containing "an enormous amount of extraneous matter, unnecessary matter". However, this complexity was intentional, with members of the Constituent Assembly arguing that a complex society requires complex rules. The Constitution's length is a result of India's diverse needs and conditions, with its framers borrowing features from previous legislation such as the Government of India Acts and the Indian Independence Act.
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The US Constitution's influence on federalism
The US Constitution and the Indian Constitution are two of the world's most important legal documents, each with its unique features and influences on federalism. The US Constitution, adopted in 1789, established a federal republic with a strong central government, while India's constitution, which came into force in 1950, created a secular, socialist, sovereign, democratic republic. Despite their differences, both constitutions recognise the importance of federalism in managing diverse and complex nations.
The US Constitution has had a significant influence on federalism, not just in the US but also globally, including in India. Firstly, it established a clear system of federalism, or a constitutional structure with two levels of government, each with defined powers and roles. This division of powers between the federal and state governments ensures that no single government or group holds all the power, protecting personal liberty. The US Constitution also provides additional human rights not explicitly mentioned in the Indian Constitution, such as freedom of the press and the right to keep arms. Furthermore, the US Constitution specifies the date and timing of the retirement of the President and members of Congress, ensuring a smooth transition of power.
The Influence of Federalism on the Indian Constitution:
Federalism is a crucial principle in the Indian Constitution, which establishes a federal system with some unitary features, often referred to as a quasi-federal system. This means that while there is a clear division of powers between the central and state governments, with the central government holding more power, the Indian Constitution also provides for a multi-level federation with multiple modes of political power distribution. This flexibility allows for the accommodation of India's diverse society, culture, language, and religion. Federalism in India promotes inclusive development, equitable resource distribution, and cooperation among different levels of government through dialogue and consultation.
Comparing Federalism in the US and Indian Constitutions:
Both the US and Indian Constitutions recognise federalism as a means to manage diverse nations effectively. However, there are some key differences. The US Constitution explicitly provides for freedom of the press and the right to keep arms, while these are implicitly covered under freedom of speech and expression in the Indian Constitution. Additionally, the US Constitution specifies the timing of the President's retirement, ensuring a smooth transition, while the Indian President has a more powerful pocket veto. The Indian Constitution, on the other hand, does not contain natural rights articles as influenced by Locke's philosophy, which are present in the US Constitution.
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The Indian Constitution's amendment frequency
The Indian Constitution is the supreme legal document of India and the world's longest written national constitution. It lays down the framework for the fundamental political code, structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens. The Indian Constitution does not contain a provision to limit the powers of Parliament to amend the Constitution. As a result, it is the world's most frequently amended national governing document, with 105 amendments as of October 2021 and 106 as of September 2023.
The process of amending the Indian Constitution is complex and requires the approval of both houses of Parliament, as well as ratification by state legislatures in certain cases. The amendment procedure varies depending on the types of changes required in the Constitution. For example, if the bill seeks to amend the federal provisions of the Constitution, it must be ratified by the legislatures of half of the states by a simple majority. After passing both houses of Parliament and being ratified by state legislatures, the bill is presented to the President for assent.
The Indian Constitution was first enacted in 1950 and has been amended numerous times since then. The 86th Amendment, for instance, provided for the Right to Education for children aged six to fourteen and early childhood care until the age of six. The 122nd Amendment introduced a Goods and Services Tax.
The Indian Constitution is significantly different from the American Constitution in terms of their respective influences and the specific rights they grant. The American Constitution is highly influenced by Locke's philosophy of inalienable natural rights, while the Indian Constitution is based on the philosophy of Austin and Bentham's theory of law. The American Constitution grants explicit additional human rights, such as the freedom of the press under the First Amendment and the right to keep and bear arms under the Second Amendment, which are not explicitly mentioned in the Indian Constitution.
The Indian Constitution, unlike the American Constitution, does not prescribe the date and timing of the retirement of the outgoing President and members of Congress. Instead, the Indian Constitution focuses on the distribution of legislative power between the Central and State governments, granting them exclusive power to make laws on separate lists of subjects and shared power on matters of the Concurrent list.
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The US Constitution's recognition of dual citizenship
The Indian Constitution is the supreme legal document of India and is the longest written national constitution in the world. It lays down the framework for the fundamental political code, structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens. The US Constitution, on the other hand, is highly influenced by Locke's philosophy of inalienable natural rights. It also provides additional human rights, which are not explicitly found in the Indian Constitution, such as the freedom of the press under the First Amendment.
In recognition of dual citizenship, the US Constitution allows its citizens to naturalize in a foreign state without any risk to their US citizenship. This means that US citizens can acquire foreign citizenship in addition to their US citizenship, creating a dual citizenship status. However, it is important to note that the eligibility to become a dual citizen depends on the policies of the second country where an individual is applying for citizenship. Each country has its own nationality laws, and some may not allow dual citizenship.
As a US citizen with dual citizenship, individuals owe allegiance to both the US and the foreign country, and they must obey the laws of both nations. When entering or exiting the US, dual citizens must use a US passport. Additionally, they are required to pay US taxes for life, including on income earned outside the US, which may result in "double taxation" unless there is an agreement between the US and the other country to avoid this.
Dual citizenship can offer benefits such as the ability to travel without restrictions and obtain green cards for family members. However, it may also come with challenges, such as being overlooked for certain federal jobs due to security concerns and potential restrictions in consular protections when abroad.
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Frequently asked questions
Both countries are federal republics, with a strong Central Government. Both are democratic countries with a written constitution.
The Indian Constitution is the longest written national constitution in the world and does not contain a bill of rights or a provision to limit the powers of Parliament to amend the constitution. The US Constitution, on the other hand, is influenced by Locke's philosophy of inalienable natural rights, and has additional human rights not found in the Indian Constitution, such as the right to keep arms. The Indian Constitution also does not contain a provision for a joint session of the Lok Sabha and Rajya Sabha to pass a constitutional amendment.
The Central Government has the power to form new states, increase or decrease the area of any state, alter state boundaries and names, and form new states by separation or union. The Seventh Schedule of the Indian Constitution distributes legislative power between the Central and State Governments.
The US Constitution is based on an agreement between states, and any state can separate at any time. The Federal Government has extensive power over Indian affairs, and there is dual citizenship in the US Constitution.
