Jonah Patel
The Constitution of India is the country's supreme legal document and 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 citizen duties. The Constituent Assembly of India adopted it on November 26, 1949, and it took effect on January 26, 1950, replacing the Government of India Act of 1935. The Constitution of the United States, on the other hand, is the supreme law of the United States of America, superseding the Articles of Confederation in 1789. It consists of seven articles that outline the framework of the federal government, including the legislative, executive, and judicial branches. The US Constitution was signed on September 17, 1787, by 39 delegates, and has since been amended through established procedures.
| Characteristics | Values |
|---|---|
| Name | Constitution of India |
| Date of Adoption | 26 November 1949 |
| Date of Effect | 26 January 1950 |
| Amendments | Additions, variations, or repeal of any part of the constitution by Parliament |
| Replaced | Government of India Act 1935 |
| Nature | Sovereign, socialist, secular, and democratic republic |
| Name | Constitution of the United States |
| Date of Signing | 17 September 1787 |
| Date of Effect | 4 March 1789 |
| Amendments | Two-step process involving adoption and ratification |
| Replaced | Articles of Confederation |
| Nature | Federal government with separation of powers |
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What You'll Learn
The Constitution of India
The Constitution grants all citizens Fundamental Rights and empowers the independent judiciary to invalidate legislations or government actions that violate the Constitution. It also provides for a single integrated system of courts to administer both Union and State laws, with the Supreme Court of India at the apex, followed by the High Courts, and then the District Courts.
The Constitution also includes provisions for the official language of the Union and the official language or languages of communication between States and the Union.
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The Constitution of the United States
> There are several parts of this Constitution which I do not at present approve, but I am not sure I shall never approve them. I will accept the Constitution, because I expect no better and because I am not sure that it is not the best.
The Constitution's original text included seven articles, and it delineates the framework of the federal government. The first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, executive, and judicial. The legislative branch consists of a bicameral Congress (the Senate and the House of Representatives); the executive branch consists of the President and subordinate officers; and the judicial branch consists of the Supreme Court and other federal courts.
The Constitution also outlines the powers and responsibilities of each branch. For example, the President is the Commander-in-Chief of the Army, Navy, and Militia of the United States, and has the power to grant reprieves and pardons for offences against the country, except in cases of impeachment. The legislative branch makes laws, and every bill that passes the House of Representatives and the Senate must be presented to the President for approval before becoming law. The judicial branch interprets the law, with the Supreme Court having original jurisdiction in cases involving ambassadors, ministers, and consuls, as well as in controversies between states and those involving international law.
The Constitution also provides for a process to amend it, with two steps: proposals must be adopted and ratified before changing the Constitution. Amendments can be proposed by Congress or a national convention, and ratification requires the approval of three-fourths of the states.
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The signing of the US Constitution
The US Constitution, which lays out the framework for the nation's federal government and defines how its three branches (legislative, executive, and judicial) are to function, was signed on September 17, 1787. The signing took place at Independence Hall in Philadelphia, Pennsylvania, and 39 delegates to the Constitutional Convention, representing 12 states, endorsed the Constitution. Rhode Island declined to send delegates.
The Constitutional Convention began in May 1787, with the goal of revising the Articles of Confederation. However, it became clear by mid-June that the convention would draft an entirely new form of government. The delegates, including many great minds of the day, such as James Madison, James Wilson, Gouverneur Morris, and, for a while, Alexander Hamilton, worked for four months to create a plan for a new form of republican government. The final document, drafted in secret, was a four-page compromise that not everyone was happy with. Several delegates left before the signing ceremony, and three others refused to sign.
Benjamin Franklin, at 81 the oldest signer, summed up the sentiments of those who did sign:
> There are several parts of this Constitution which I do not at present approve, but I am not sure I shall never approve them. I doubt too whether any other Convention we can obtain, may be able to make a better Constitution...I expect no better and because I am not sure that it is not the best.
Franklin made a powerful argument for the new Constitution, and a final motion to sign the document was approved by 10 of the state delegations. The signing of the US Constitution was a significant moment in the country's history, establishing the government of the United States and shaping the nation's future.
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The US Constitution's amendment process
The US Constitution is composed of the Preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights. The authority to amend the Constitution of the United States is derived from Article V of the Constitution. There are two steps in the amendment process. Proposals to amend the Constitution must be properly adopted and ratified before they change the Constitution.
Firstly, there are two procedures for adopting the language of a proposed amendment. The first procedure is through Congress, by a two-thirds majority in both the Senate and the House of Representatives. The second procedure is through a national convention, which occurs whenever two-thirds of the state legislatures collectively call for one.
Secondly, there are two procedures for ratifying the proposed amendment, which requires the approval of three-fourths of the states (38 out of 50). The first procedure for ratification is through the consent of the state legislatures, while the second is through the consent of state ratifying conventions. State ratifying conventions have only been used once, for the Twenty-first Amendment. The ratification method is chosen by Congress for each amendment.
The Archivist of the United States is responsible for administering the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. The Director of the Federal Register follows procedures and customs established by the Secretary of State and the Administrator of General Services. Once the OFR verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the Nation that the amendment process has been completed.
In recent history, the signing of the certification has become a ceremonial function attended by dignitaries, including the President. While the President does not have a constitutional role in the amendment process, they may witness the certification of amendments.
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The Basic Structure Doctrine
The Constitution of India is the country's supreme legal document 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 the fundamental rights, directive principles, and duties of citizens. The Constitution of India replaced the Government of India Act 1935 and came into effect on 26 January 1950, marking India's transition from a dominion of the British Crown to a sovereign, democratic republic.
The development of the Basic Structure Doctrine can be traced back to a series of constitutional law cases in the 1960s and 1970s, such as Shankari Prasad vs Union of India (1951), Sajjan Singh vs State of Rajasthan (1965), and Golaknath vs State of Punjab (1967). These cases explored the power of Parliament to amend the Constitution, including fundamental rights. However, it was in the Kesavananda Bharati case that the doctrine was formally adopted, with Justice Hans Raj Khanna's decisive judgment introducing the concept of "basic features" that cannot be altered or destroyed through amendments.
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Frequently asked questions
The Constitution of the United States of America.
The Constitution of India.
The Constitution of India came into effect on 26 January 1950.
