Malcolm Rivera
The Constitution of the United States, written in 1787 and ratified in 1788, is the oldest and longest-standing written and codified national constitution in force in the world. It was authored by the Continental Congress and the Constitutional Convention as the framework for the US government. It consists of a preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights. The Constitution of India, on the other hand, is the world's longest for a sovereign nation and the world's most frequently amended national governing document. It was enacted in 1950 and has had more than 100 amendments since.
| Characteristics | Values |
|---|---|
| Constitution of the United States | Composed of the Preamble, seven articles, and 27 amendments |
| The first 10 amendments are known as the Bill of Rights | |
| The first three articles embody the doctrine of the separation of powers | |
| The federal government is divided into three branches: the legislative, executive, and judicial | |
| The legislative branch consists of the bicameral Congress | |
| The executive branch consists of the president and subordinate officers | |
| The judicial branch consists of the Supreme Court and other federal courts | |
| The Constitution is the oldest and longest-standing written and codified national constitution in force in the world | |
| Constitution of India | The executive, legislative, and judicial branches of government receive their power from the constitution and are bound by it |
| The constitution is considered federal in nature and unitary in spirit | |
| It has features of a federation, including a codified, supreme constitution | |
| The constitution is the supreme power of the nation and governs all laws | |
| The constitution has had more than 100 amendments since it was enacted | |
| The Indian constitution is the world's longest for a sovereign nation | |
| The Indian constitution is the world's most frequently-amended national governing document |
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What You'll Learn
The US Constitution's first three articles
The US Constitution, originally comprising seven articles, outlines the framework for the federal government. The first three articles embody the principle of the separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judicial.
Article I of the US Constitution establishes the legislative branch, consisting of a bicameral Congress. This article outlines the powers and responsibilities of Congress, including the authority to pass laws, levy taxes, and declare war. It also sets out the qualifications and procedures for becoming a member of Congress.
Article II focuses on the executive branch, which comprises the President and their subordinate officers. This article defines the role and powers of the President, including their role as Commander-in-Chief of the armed forces, their authority to appoint federal judges, and their responsibility to enforce the laws passed by Congress.
Article III establishes the judicial branch, which includes the Supreme Court and other federal courts. This article outlines the role of the judiciary in interpreting the law and resolving legal disputes. It also addresses the process of appointing federal judges and establishes the concept of judicial review, empowering the Supreme Court to review the constitutionality of laws and government actions.
The remaining articles of the Constitution (Articles IV, V, and VI) elaborate on the concepts of federalism, outlining the rights and responsibilities of state governments and their relationship with the federal government. Article VII sets out the procedure for the ratification of the Constitution by the original 13 states.
The US Constitution was drafted by a committee at the Constitutional Convention and signed on September 17, 1787. It was then submitted to the Congress of the Confederation in New York City and subsequently forwarded to the states for ratification. The Constitution introduced a new form of government, and its ratification process was outlined in Article VII, where state legislatures organised "Federal Conventions" for approval.
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Amendments to the Constitution
The US Constitution outlines a two-step process for making amendments to the nation's plan of government. Amendments must be properly proposed and ratified before becoming operative. This process was designed to prevent constant changes while still allowing for flexibility. An amendment may be proposed and sent to the states for ratification by either the US Congress or a national convention called by Congress for this purpose.
For an amendment to be proposed by Congress, a two-thirds majority in both the Senate and the House of Representatives is required. A national convention can be called by Congress on the application of the legislatures of two-thirds of the states (34 since 1959). However, this option has never been used.
To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 since 1959) through their legislatures or state ratifying conventions. The only amendment ratified through a state ratifying convention thus far is the Twenty-first Amendment in 1933, which repealed the Eighteenth Amendment (ratified in 1919) and ended the prohibition of alcohol.
Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress. Members of the House and Senate typically propose around 200 amendments during each two-year term of Congress, covering various topics. However, it is challenging to get the necessary support for an amendment to become part of the Constitution.
There have been 27 successful amendments to the US Constitution, with the first ten, known as the Bill of Rights, being ratified simultaneously on December 15, 1791. The 13th, 14th, and 15th amendments are collectively referred to as the Reconstruction Amendments. Six additional amendments have been adopted by Congress but have not been ratified by the required number of states.
The Indian Constitution, on the other hand, is the world's most frequently amended national governing document. It has had over 100 amendments since its enactment. Article 368 of the Indian Constitution outlines the procedure for constitutional amendments, requiring a two-thirds majority in both houses of Parliament for an amendment bill to pass.
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The Indian Constitution
The Constitution was drafted by the Constituent Assembly, which was elected by the members of the provincial assemblies. The 389-member assembly (reduced to 299 after the partition of India) took almost three years to draft the constitution, holding eleven sessions over a 165-day period. The final session of the assembly convened on 24 January 1950, with each member signing two copies of the constitution, one in Hindi and the other in English. The original constitution is hand-written, with each page decorated by artists from Shantiniketan. It was published in Dehradun and photolithographed by the Survey of India. Production of the original constitution took nearly five years.
The Constitution was drawn from a number of sources. Its framers borrowed features of previous legislation such as the Government of India Acts 1858, 1861, 1892, 1919 and 1935, the Indian Councils Acts of 1909, and the Indian Independence Act 1947. The Constitution has had more than 100 amendments since it was enacted. Amendments are additions, variations, or repeal of any part of the constitution by Parliament. An amendment bill must be passed by each house of Parliament by a two-thirds majority of its total membership.
The Indian Parliament is competent to make laws on matters enumerated in the Union List. State Legislatures are competent to make laws on matters enumerated in the State List. Both the Union and the States have the power to legislate on matters in the Concurrent List, but only Parliament can make laws on matters not included in the State or Concurrent Lists. The Constitution also contains provisions for the independence of the judiciary, which cannot be changed by the legislature or the executive.
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The Council of Revision
The idea for the Council of Revision was proposed at the Constitutional Convention by James Madison and the other Virginia delegates. It was to be composed of the President and several prominent members of the federal judiciary. Its role was to review the work of Congress and exercise a qualified veto over congressional acts with which it disagreed. However, this proposal was rejected at the convention, with some arguing that it would give the judiciary too much power over the legislature.
Instead, the veto power was granted to the President as suggested by Alexander Hamilton in Federalist No. 69, which cited New York's Council of Revision. This council served as an inspiration for the proposal of a similar body in the US Constitution.
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Separation of Powers
The US Constitution was authored by the Continental Congress and the Constitutional Convention as the framework for the US government. The first three articles of the Constitution embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judicial.
The legislative branch consists of the bicameral Congress (Article I). The executive branch is made up of the President and subordinate officers (Article II). Finally, the judicial branch comprises the Supreme Court and other federal courts (Article III).
The separation of powers is a key feature of the US Constitution, ensuring that no single branch of government holds too much power. Each branch has specific roles and responsibilities, with checks and balances in place to maintain a balance of power between them.
The legislative branch, for example, is responsible for creating laws, while the executive branch enforces those laws. The judicial branch interprets the laws and ensures that they align with the Constitution. This system of checks and balances helps to prevent the abuse of power and protect the rights of citizens.
In contrast, the Indian Constitution establishes a parliamentary system of government, with the executive directly accountable to the legislature, although the two branches partially overlap. The President of India is the head of the executive branch, while the Prime Minister heads the Council of Ministers, which advises the President in their constitutional duties. The Council of Ministers is answerable to the lower house of Parliament.
The Indian Constitution also features an independent judiciary, which cannot be influenced by other branches of the state or interest groups. Judicial review, a concept adopted from the US Constitution, is addressed in Article 13, allowing the courts to review and strike down laws that conflict with the Constitution.
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Frequently asked questions
The Constitution of the United States is a written and codified national constitution that outlines the framework for the United States government. It consists of a preamble, seven articles, and 27 amendments, with the first 10 amendments known as the Bill of Rights.
The Constitution of the United States was authored by the Continental Congress and the Constitutional Convention. It was signed on September 17, 1787, and ratified on June 21, 1788.
The process for amending the Constitution is outlined in Article V. Amendments can be proposed by a two-thirds vote in both houses of Congress or by a national convention called by Congress at the request of two-thirds of the state legislatures. The proposed amendments must then be ratified by three-fourths of the state legislatures or by special ratifying conventions in three-fourths of the states.
The Constitution of India is the supreme law of the nation, governing all other laws. It establishes a parliamentary system of government, with the executive branch accountable to the legislature. The Constitution is federal in nature and unitary in spirit, with features of a federation, including a codified constitution, a three-tier governmental structure, and a division of powers.
