The differences between the constitutions of india and the U.s.
There are many differences between the Constitution of India, and the Constitution of the United States of America. A big difference between the two constitutions is that India has a prime minister which is like the president but is actually the head of the legislative branch, while the U.S. Constitution has a president, who is the head of the government, and only works in the executive branch. Under the Indian Constitution, the head of state is the president while the actual head of the government is the prime minister. The prime minister and his cabinet hold the real power, while the president has more power in the name. Another major difference involves the number of terms a president can run. In America a president can serve a maximum of two four year terms, while in India a president and prime minister can serve an unlimited number of terms that each last five years. Another difference between the two constitutions is that in the United States Constitution it makes clear that all the branches of government are equal in power, but in the Indian Constitution the legislative branch has absolute sovereignty, meaning that it is supreme to the executive and judicial branch. The Indian Constitution makes it mandatory that ministers in the Indian government which are senior members of the executive, must also be members in the legislature, while the U.S. government does not allow members of legislature to hold office in the executive. Another major difference between the two constitutions is that India does not have the right that individuals can bear arms, while the U.S. Constitution has that right in the 2nd amendment to the U.S. Constitution. The Constitution of India is longer than the U.S. Constitution, with 395 articles and 12 schedules, while the Constitution of the United States of America only has 7 schedules. In the Indian Constitution, although all the branches all can check each other to make sure either is not abusing their power, the Supreme Court is the main branch that checks the power of the two other branches. In the United States Constitution, that power is divided equally among the three branches. The Constitution of India is not the result of an agreement between the States, while the American Constitution is an agreement between the states. Another difference involves the number of ministers in India sent to the Parliament, which is depended on the population of the state, compared to the number of representatives sent to the Senate, which is an equal amount from each state. In the Indian Constitution, there are the same basic criminal and civil laws in the whole country, while the American Constitution there are different criminal and civil laws, differing in every state. In the Indian Constitution, there is no principle of quality between each state, while in the American Constitution there is a principle of equality between each state, irrespective of its population. The central government of India has the power to form a new state, change the boundaries of any state, to enlarge the area of any state, to decrease the area of any state, to form a new state by uniting two or more states or parts of states, and it has the power to change the name of any state. (, Article 3) The American federal government has no such power to exercise their power in this way. The Supreme Court of India has been given very broad powers, including powerful civil and criminal authority, while the Supreme Court in America has not been given broad powers that involve civil and criminal authority. A major difference between the two constitutions is the way the amendment process is conducted. In India, no referendum is necessary for a proposal to become an amendment. For an amendment to be added to the Constitution of India, people do not have to give their consent. If a majority of the members of Parliament (2/3) agree to the amendment, then it is put into action. In the United States Constitution, you need the consent of the people before an amendment is passed and put into action. In the Indian Constitution no state can separate from Indian Territory. In the American Constitution, a state can separate itself from the federal. In the American Constitution, all the states that are associated with the Federal Government have their own constitutions to regulate their own authority. In India, all the states associated with the Indian Union owe their allegiance only to the Indian Constitution and do not have their own constitution, while each state is empowered to pass their own laws. In India, the Lok Sabha or the Lower House is more powerful than the Rajya Sabha or Upper House and its members are directly elected by the people while In the U.S. the House of Senate or the Upper House is more powerful than the Lower House. A member of the Rajya Sabha is indirectly elected, while a member of the Senate is directly elected. A judge in the U.S. can hold his position for life as long as he enjoys his good health, while in India a district judge retires at the age of 58, a High Court and a Supreme Court judge retires at the age of 65. The United States Constitution has only been amended 27 times between the period 1989 and 1992, compared to the Indian Constitution, which has so far been amended 94 times since it came into force in the year 1950. The process to amend the Indian Constitution is easier since it involves more types of procedures in which an amendment could be put into action.
similarities between the constitutions of india and the U.s.
There are many similarities between the two constitutions of India and the United States of America. Some similarities involve the principles that these two constitutions share. There are many principles of government reflected in the Constitution of India and the United States Constitution. One principle of government that is reflected in both constitutions is popular sovereignty. A quote from the Constitution of India that depicts popular sovereignty is "We, the people of India... in our constituent assembly... do here by adopt, enact and give to ourselves this constitution.” (India. Ministry, 1) This quote shows that the ultimate power lies with the people and they are the main source of power of the constitution. This principle is reinforced as elections to the House of the People (Lok Sabha) and the Legislative Assembly of every state will be decided on the basis of adult suffrage.
Another theory that is reflected in both constitutions is the separation of powers. There is a legislative, executive, and judicial branch that each has their own different but equally important duties. The legislature is a body of elected representatives that consists of the Lok Sabha and Rajya Sabha. They make the laws of the country. The executive branch consists of the president, prime minister, other ministers, and civil servants (bureaucracy). They make sure that the laws created by the legislature are being executed correctly The last branch is the judicial branch, which consists of the Supreme Court (the highest court in the land), High Courts, and other lower courts. Their duties are to check if the laws are being correctly executed or not. If there is something going wrong in the way that the law is being followed or if anyone violates a law the judicial branch will take action.
Individual rights are also reflected in the Constitution of India for all the citizens. Every citizen has their own individual rights in India, no matter what religion, race, gender, or age they are. Some examples of individual rights that every citizen in Indian has is protection of life and personal liberty, freedom of speech and expression, to assemble peaceably and without arms, and the right to form associations or unions. "The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them." (United States, Article 15)
The next theory that is reflected in the Constitution of India is federalism. Powers are split between the central government, state governments, and local governments. The central government has exclusive power that involves in the foreign policy, defense of the country, communications, the building of railroads, taxation on corporations, and currency. The state and local governments have the sole power to legislate on some subjects that include law and order, public health and sanitation, entertainment, taxation on agriculture income, betting and gambling, and alcoholic beverages. All of the governments can concern themselves into the criminal law, contracts, population control, social security, education, and marriage and divorce of an area.
The Constitution of India also involves the theory of checks and balances. The president has three veto powers which include that he can refuse to agree to a law, which would mean an absolute veto. He can also send the bill back to the parliament for changes, or he could take no action on the bill. If the president refuses to agree or sends the bill back for changes he can be overridden by a simple majority vote in the legislature. The Supreme Court of India can rule laws invalid if they are not following the Constitution. This way all the branches keep each other in check.
Limited government is reflected in the Constitution of India. The government is a federal republic, which means the government is limited and most of the power lies in the hands of the people. This means that everyone in India must follow the rules, even the president and the people who work in or for the government.
Finally, the Constitution of India has the reflection of republicanism. The people in India have the power to elect representatives that will help run the government and improve the country. The Indian people vote for the representatives that will fill the lower house, which is the Lok Sabha. The people in India hold the power over the government.
Both constitutions have provisions to amend the constitution to meet the growing social, political, and economic needs and demands of their countries. They are both the largest democratic countries in the world and their political structure is based on federalism. When framing the Indian Constitution, the drafting committee headed by Dr. Ambedkar, borrowed many things from many different constitutions including the United States Constitution and embedded them in their constitution. They both have federal governments in which many states have acceded to. In both countries, the federal government can override a law enacted by the states. They both followed Montesquieu’s theory of division of labor and separation of powers, as both the United States and Indian constitutions have three basic divisions known as the executive, legislature, and judiciary branches. Both constitutions have two houses in the legislature. In the United States Constitution, the president can be impeached and removed from power on the motion moved by the House of Senate in the attendance of the Chief Justice of the Supreme Court of the United States. In the same way, the prime minister and his cabinet can be removed from power by a motion passed by both houses of parliament.
Another theory that is reflected in both constitutions is the separation of powers. There is a legislative, executive, and judicial branch that each has their own different but equally important duties. The legislature is a body of elected representatives that consists of the Lok Sabha and Rajya Sabha. They make the laws of the country. The executive branch consists of the president, prime minister, other ministers, and civil servants (bureaucracy). They make sure that the laws created by the legislature are being executed correctly The last branch is the judicial branch, which consists of the Supreme Court (the highest court in the land), High Courts, and other lower courts. Their duties are to check if the laws are being correctly executed or not. If there is something going wrong in the way that the law is being followed or if anyone violates a law the judicial branch will take action.
Individual rights are also reflected in the Constitution of India for all the citizens. Every citizen has their own individual rights in India, no matter what religion, race, gender, or age they are. Some examples of individual rights that every citizen in Indian has is protection of life and personal liberty, freedom of speech and expression, to assemble peaceably and without arms, and the right to form associations or unions. "The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them." (United States, Article 15)
The next theory that is reflected in the Constitution of India is federalism. Powers are split between the central government, state governments, and local governments. The central government has exclusive power that involves in the foreign policy, defense of the country, communications, the building of railroads, taxation on corporations, and currency. The state and local governments have the sole power to legislate on some subjects that include law and order, public health and sanitation, entertainment, taxation on agriculture income, betting and gambling, and alcoholic beverages. All of the governments can concern themselves into the criminal law, contracts, population control, social security, education, and marriage and divorce of an area.
The Constitution of India also involves the theory of checks and balances. The president has three veto powers which include that he can refuse to agree to a law, which would mean an absolute veto. He can also send the bill back to the parliament for changes, or he could take no action on the bill. If the president refuses to agree or sends the bill back for changes he can be overridden by a simple majority vote in the legislature. The Supreme Court of India can rule laws invalid if they are not following the Constitution. This way all the branches keep each other in check.
Limited government is reflected in the Constitution of India. The government is a federal republic, which means the government is limited and most of the power lies in the hands of the people. This means that everyone in India must follow the rules, even the president and the people who work in or for the government.
Finally, the Constitution of India has the reflection of republicanism. The people in India have the power to elect representatives that will help run the government and improve the country. The Indian people vote for the representatives that will fill the lower house, which is the Lok Sabha. The people in India hold the power over the government.
Both constitutions have provisions to amend the constitution to meet the growing social, political, and economic needs and demands of their countries. They are both the largest democratic countries in the world and their political structure is based on federalism. When framing the Indian Constitution, the drafting committee headed by Dr. Ambedkar, borrowed many things from many different constitutions including the United States Constitution and embedded them in their constitution. They both have federal governments in which many states have acceded to. In both countries, the federal government can override a law enacted by the states. They both followed Montesquieu’s theory of division of labor and separation of powers, as both the United States and Indian constitutions have three basic divisions known as the executive, legislature, and judiciary branches. Both constitutions have two houses in the legislature. In the United States Constitution, the president can be impeached and removed from power on the motion moved by the House of Senate in the attendance of the Chief Justice of the Supreme Court of the United States. In the same way, the prime minister and his cabinet can be removed from power by a motion passed by both houses of parliament.
EFFECTS OF LIVING IN INDIA
In the United States, the general public can express their social concerns through their elected county and state officials, while this process does not exist in India.
Two girls were recently arrested in India for showing their displeasure through comments on Facebook as the city of Mumbai was shut down for a day for the funeral of the most powerful Shiv Sena leader Bal Thackeray . The United States has better freedom of speech protections than India. In fact, no other country protects freedom of speech rights to the extent of the United States law.
"Filing a case against the girls is unfortunate and I hope Maharashtra government will correct it..." (Katju, 2)
In India, politicians can directly incite racial hatred without facing any consequences through public or private speeches or comments , while ordinary citizens can be arrested for "liking" a Facebook post without making any hate speech. This will affect my life if I was living under the Indian Constitution as I would not be able to freely voice my opinions without the fear of being sent to jail. This will make me feel that the government is restricting my personal views about social issues, and I would not be able to lead a happy life.
In most states, the general public is allowed to bear arms, though they cannot show it in public. In India, this right does not exist, and people are not allowed to bear arms, though army officials and high ranking people in the Navy are allowed to carry small guns that must be hidden. This is better and will help me in my daily life as in the United States there have been events happening that involve someone with a gun, shooting innocent people. The most recent incident has happened in Connecticut in a school. In this event a heavily armed gunman came into a school and killed many innocent people, including 18 children. This news scares me, as this can also happen in my life and I or someone I love could get killed. If I was living under the other Indian consitution that does not allow people to bear arms, my life would be different and I would not be so suspicious and scared of every little thing that could result in something horrible happening.
Two girls were recently arrested in India for showing their displeasure through comments on Facebook as the city of Mumbai was shut down for a day for the funeral of the most powerful Shiv Sena leader Bal Thackeray . The United States has better freedom of speech protections than India. In fact, no other country protects freedom of speech rights to the extent of the United States law.
"Filing a case against the girls is unfortunate and I hope Maharashtra government will correct it..." (Katju, 2)
In India, politicians can directly incite racial hatred without facing any consequences through public or private speeches or comments , while ordinary citizens can be arrested for "liking" a Facebook post without making any hate speech. This will affect my life if I was living under the Indian Constitution as I would not be able to freely voice my opinions without the fear of being sent to jail. This will make me feel that the government is restricting my personal views about social issues, and I would not be able to lead a happy life.
In most states, the general public is allowed to bear arms, though they cannot show it in public. In India, this right does not exist, and people are not allowed to bear arms, though army officials and high ranking people in the Navy are allowed to carry small guns that must be hidden. This is better and will help me in my daily life as in the United States there have been events happening that involve someone with a gun, shooting innocent people. The most recent incident has happened in Connecticut in a school. In this event a heavily armed gunman came into a school and killed many innocent people, including 18 children. This news scares me, as this can also happen in my life and I or someone I love could get killed. If I was living under the other Indian consitution that does not allow people to bear arms, my life would be different and I would not be so suspicious and scared of every little thing that could result in something horrible happening.