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Comparison of Constitution
USA RUSSIA JAPAN FRA
itten Written Written Written Writ

ble Rigid Rigid Rigid Rigi

ry Federal Unitary Unitary Unit

amentary Presidential Semi

Presidential Parliamentary Qua
emacy of Supremacy
of Supremacy of Parli
ament Constitution Constitution limit
titutional Republic Republic Constitutional Rep
archy Monarchy
monial Executive Executive Exec
Yes No Yes Yes

United Kingdom
Sources of Constitution:
Convention: Their importance lies in the fact that
Fundamental principles like Parliamentary sovereignty and
Ministerial responsibility to the parliament are regulated by
conventions.
Important Convention:
Pairing Convention: If a member of the majority party is
absent on any working day, the whip will ask one of the
members in opposition also to be absent.
Mandate Convention: The Government will not legislate
any legislation of controversial nature without specific
mandate from the electorate.
The Money bill will be initiated in the House of commons.
Charters: Charters define and regulate the powers of crown
and rights of citizens. Important charters are:
Bill of Rights: Provided a list of rights and declared
Parliament as supreme law-making body.
Magna Carta: Prohibited the imposition of certain taxes
without the consent of the Great council.
Statutes: The British parliament is fully empowered to repeal
or amend these statues whenever it likes.
Important Statues are:
Parliament acts of 1911: – It curtailed the power of House
of Lords and permanently established the supremacy of
House of commons.
RPA 1918: – Guarantees Right to vote to women as well.
Common Law: The system of law which is based on judges’
decisions and on custom rather than on written laws. It
originated with the legal reforms of King Henry II in the 12th
century and was called “common” because it applied equally
across the whole country. The doctrine of binding
precedent, whereby courts follow and apply the principles
declared in previous cases decided by more senior courts,
known as “courts of record”, is also known by the Latin
expression “stare decisis”. The common law includes both
substantive rules, such as the offence of murder, and
procedural ones, such as court procedure rules derived from
the inherent jurisdiction of the court.
Nature of the Constitution/Salient
Features
1. Unwritten:
One of the most important features of the British
constitution is its unwritten character. The main reason
for this is that it is based on conventions and political
 traditions, which have not been laid down in any
document, unlike a written constitution, which is usually a
product of a constituent assembly.
Indian Constitution, in comparison, is the lengthiest
written constitution in the world.
2. Evolutionary:
It is said that the British Constitution is a product of
wisdom and chance. It has evolved gradually, expressing
itself in different charters, statues, precedents, usage and
traditions. The British constitution has not undergone any
sudden transformation at specific times.
The Indian Constitution has certain similarities as well as
differences on this particular aspect. It differs from the
British Constitution to the extent that it is a written
document and has well defined provisions.
However, it too is open to evolution, given that the
provision of an amendment is kept such, so as to allow for
the Constitution to evolve according to the needs and
sensibilities of the time.
3. Flexibility:
The British constitution is a classic example of a flexible
constitution. It can be passed, amended and repealed by
a Simple Majority (50% of the members present and
voting) of the Parliament, since no distinction is made
between a constitutional law and an ordinary law. Both
are treated alike.
The element of flexibility has provided the virtue of
adaptability and adjustability to the British constitution.
Indian Constitution, in contrast, is both flexible as well as
rigid. This compliments the basic ideology of the Indian
Constitution quite well, wherein certain features like
Sovereignty, Secularism, and Republic et al have been
 held sacrosanct, but otherwise the Constitution is
amendable.
4. Unitary vs. Federal Features:
The British constitution has a unitary character as
opposed to a federal one. All powers of the government
are vested in the British Parliament, which is a sovereign
body.
Executive organs of the state are subordinate to the
Parliament, exercise delegated powers and are
answerable to it. There is only one legislature. England,
Scotland, Wales etc. are administrative units and not
politically autonomous units. The Indian Constitution, on
the other hand, is federal.
5. Sovereignty of Parliament:
The British Parliament is the only legislative body in the
country with unfettered power of legislation. It can make,
amend or repeal any law. Though in India’s case, we have
legislature at state level too, yet the law-making power of
the Indian Parliament roughly corresponds to that of the
British Parliament.
The courts have no power to question the validity of the
laws passed by the British Parliament. The British
Parliament may amend the constitution on its own
authority, like an ordinary law of the land. It can make
illegal what is legal and legalize what is illegal.
Here, there is a marked difference, vis-à-vis the power of
the Indian Judiciary to keep a tab on the legality of the
law framed. Also, the ‘Basic Structure’ doctrine, lends the
Indian Judiciary further power to question the legality of
the law, in light of the fact that the Supreme Court of
India is the highest interpreter of the Constitution of
India.
6. Rule of Law:
According to Dicey, there are three principles of Rule of
Law, found in Britain.
Protection from arbitrary arrest and the opportunity to
defend oneself.
Equality before Law: All persons are equal before law,
irrespective of their position or rank. Equality before Law
is different from the concept of Administrative Law,
which gives immunity of various types to public
servants. In the absence of the Constitution and
Fundamental Rights in Britain, the judiciary protects this
law. So, this system is called the Principle of Common
Laws (in the USA – Principle of Natural Law; in India – the
Maneka Gandhi case).
The rights of people in Britain are guaranteed by the
judiciary. The Judiciary gives recognition to the common
laws. Thus, the people in Britain enjoy rights, even in the
absence of a Bill of Rights or Fundamental Rights.
7. Blend of Monarchy, Aristocracy and Democracy: – The
British king represents Monarchy which rested on
hereditary principles. The House of Lords is Aristocracy,
representing Lords and nobles and House of common is
democracy representing the people of England.
Structural Understanding
The House of Common:
The UK public elects 650 Members of Parliament (MPs) to
represent their interests and concerns in the House of
Commons. MPs consider and propose new laws, and can
scrutinise government policies by asking ministers
questions about current issues either in the Commons
Chamber or in Committees.
 The UK is divided into 650 areas called constituencies.
During an election everyone eligible to cast a vote in a
constituency selects one candidate to be their MP. The
candidate who gets the most votes becomes the MP for
that area until the next election.
General elections
At a general election, all constituencies become vacant
and a Member of Parliament is elected for each from a list
of candidates standing for election. General elections
happen every five years.
If an MP dies or retires, a by election is held in that
constituency to find a new MP for that area.
Most MPs are members of one of the main political parties
in the UK – Labour, Conservative, Scottish National Party
or Liberal Democrat. Other MPs represent smaller parties
or are independent of a political party.
To become an MP representing a main political party a
candidate must be authorised to do so by the party’s
nominating officer. They must then win the most votes in
the constituency.
The House of Commons is the effective legislative
authority in Great Britain. It alone has the right to impose
taxes and to vote money to, or withhold it from, the
various public departments and services.
The Prime Minister is appointed by the monarch. The
monarch’s appointment of the Prime Minister is guided
by constitutional conventions.
The political party that wins the most seats in the House
of Commons at a general election usually forms the new
government. Its leader becomes Prime Minister.
THE HOUSE OF LORDS
Composition: 760 members:
– 646 Life Peers appointed by Crown on the advice of the
Prime Minister.
– 25 archbishops and bishops.
– 92 Hereditary Peers (Including 2 Women).
The House of Lords appointment commission was
established in 2000. It is independent and separate from
the House of Lords.
The Appointments Commission recommends individuals
for appointment as non-party-political life peers. It also
vets nominations for all life peers, including those
recommended by the UK political parties, to ensure the
highest standards of propriety. Members can be
suggested by the public and political parties. Once
approved by the prime minister, appointments are
formalised by the King.
Members of the House of Lords spend a lot of their time
considering draft government bills before they become
law. However, any proposed amendments to legislation
must also be agreed by the Commons. Its primary
function is therefore as a ‘revising’ chamber, asking the
Commons to reconsider its plans.

US CONSTITUTION
PHILOSOPHICAL UNDERSTANDING
The present Federal government of the U.S.A came into
being in the year of 1789. The United States comprised
thirteen colonies of Great Britain. In the year 1776, these
colonies at the Atlantic Coast rebelled against the mother
country and became independent in 1783. During this period
the revolted colonies established the “Articles of
Confederation” as the first constitution in 1777. However,
this system could not last very long.
There was no separate common executive nor was there
any independent judiciary. An effective central government
was the fundamental need of the hour. A convention for the
purpose of framing the constitution was convened at
Philadelphia in 1787. Thus the constitution was framed based
on this convention and was signed by the delegates on
September 17, 1787. This constitution came into force in
1789. since then, it has undergone many changes, one of
them being the increase in the number of states from 13 in
1787 to 50 at present.
The Preamble to the United States Constitution: As the
phrase, “we the people” suggests that the new government
originates from the people of the United States, and it sets
into motion a question as it pertains to that vast population
concerning the individual rights and equality among all
people; this can be seen most broadly in the divide between
republicanism and social democracy.
Nature of the constitution/Salient Features –
1. Popular Sovereignty: Attributes ultimate sovereignty to
the people and substitutes constitutional system of
government for arbitrariness.
2. Rigidity of the constitution: Consisting of only Seven
Articles and twenty-seven amendments, so far.
3. Doctrine of dual ship: In respect of its Constitution and
citizenship. It has two Constitutions, one, for America as
whole and another for each State. American people have
two citizenships, one of the USA and another of their
respective State. On the other hand, India has one
constitution and concept of single citizenship for every
citizen of the country.
4. Separation of Power with checks and Balances:
The President can veto the bills passed by the Congress.
The Senate shares with the President his powers of
 making appointments to the various federal offices and
conclusion of treaties with foreign States.
All such treaties must be ratified by two-thirds majority in
the Senate. Through this power, the Senate controls the
internal administration and external policy of the
President.
The organisation of judiciary is determined by the and the
judges of the Supreme Court are appointed by the
President with the consent of the Senate.
The Supreme Court can declare the laws passed by the
Congress and executive action taken by the President
ultra vires.
In this way, the three organs of the Government have been
interlocked and interchecked.
5. Spoil system: Two specific types of spoils systems
emerged over the next few years. Cronyism is the practice
of rewarding one’s friends with political
positions. Nepotism is the practice of giving those
positions to family members. an act known as Pendleton
Act (1883) was passed to put a stop to this system.
Henceforth, about 80% of such offices were to be filled
through competitive examinations. Thus Spoils System
persists only in 20% cases.
6. Federal system

Dual Federation (USA) – Cooperative Federation (India):

both the Centre and Interdependence of Centre and
State are completely State Govt. Neither of them is
independent, they are independent of the other.
complete governments. Centre usually has the role of
big brother.
Centrifugal Federalism Centripetal Federalism
 Asymmetrical Federalism:•
Symmetrical States have been given
Federalism: All states representation in Rajya Sabha
are given equal on the basis of their
representation in population.• Articles 370, 371
Senate. provide special provisions to
few states.
USA is a Legislative India is an Executive Federation.
Federation. This means This means that states are
that States have important at the executive level
dominance in law only.
making.
USA is an indestructible India is an indestructible union
union of indestructible of destructible states.
states.
USA constitution
provides a role to states There is no such provision for
in ratifying the states in the Indian
international treaties Constitution.
through the Senate.

STRUCTURAL UNDERSTANDING
“The first Article of the American Constitution states: “All
legislative powers herein granted shall be vested in a
Congress of the United States which shall consist of a
Senate and House of Representatives.” Thus the Congress is
the main legislative organ of the American Government and
is bicameral in its composition.
The House of Representatives is the lower house within
the US Congress and has the following characteristics:
435 voting members representing districts
One member per congressional district
 Members serve two year legislative terms
Elections occur every even year
Members elected by a plurality in most states (also known
as First past the post)
Louisiana, Washington and California employ a two-round
runoff voting system
The number of persons representing each state
depends upon its population as reported in the
Nation’s decennial census counts. Each state is divided
into congressional districts accordingly. There is a
Representative for every congressional district and
every state has at least one congressional district.
In order to be elected to the House of Representatives
one must be at least 25 years old by the time one takes
the oath of office, a citizen of the U.S. for at least seven
years, and a resident of the state from which one is
elected. These qualifications were established in
Article I, Section 2 of the Constitution.
Senate:
The Senate is a small body of only 100 members. Each
State sends two representatives irrespective of their
population or area.
The President of the Senate is the Vice-President of the
United States, but he or she may vote only in case of a tie
vote. In practice, the Vice-President does not often
preside over sessions of the Senate.
Senators are elected in State-wide elections. In 48 states,
Senators are elected by plurality vote: the candidate
receiving the most votes is elected, even if that candidate
receives less than a majority of the votes cast. In two
States, Georgia and Louisiana, the winning candidate
must receive a majority of the votes cast. If there are three
or more candidates and none of them receives a majority
 vote, there is a second election between the two
candidates who received the most votes. The candidate
who receives a majority of votes cast at the second
election is elected.
Term of office: The term of office for a Senator is six years.
The terms of Senators are staggered so that the terms of
approximately one-third of Senators expire every two
years. Elections to fill those Senate seats coincide every
two years with elections for all members of the House of
Representatives and, every four years, with the election of
the President. The terms of office for Senators are fixed.
Neither house can be dissolved, and the dates for
congressional elections are established by law.
Criteria for eligibility: 30 years of age citizen of the United
States for at least nine years; resident of the State from
which he or she was elected.
Incompatibilities: Holding of any civil office under the
authority of the United States
The Senate, like the House of Representatives, is the sole
judge of the election and qualification of its members.

FRANCE
Philosophical Understanding
Nature of the Constitution
1. A Unitary State: Like the UK, France is a unitary state. The
powers have been vested with the central government.
The local governments derive their powers from the
central government rather than the Constitution.
2. Provision of Administrative Law and Administrative
Courts: France parades equality before law for all citizens
but in actual practice Administrative law exists for the
civil services. The civil servants can be sued only in
specially constituted administrative courts where
 administrative law exists. For ordinary citizens ordinary
courts have been provided.
3. Popular Sovereignty: Article 2 of the Constitution
declares France as an indivisible, Secular, Democratic and
Social Republic. National sovereignty belongs to the
people, who shall exercise this sovereignty through their
representative by means of referendum.
4. Separation of legislative and Executive Branch: The PM
may choose his cabinet colleagues. None of the members
of the Govt. can be a part of the legislature
5. Amendment of the Constitution
Rigid process
Both the Houses of Parliament have to pass a resolution
by 3/5th majority.
The President may also choose to refer the amendment
to the people by referendum.
6. The Constitutional Council:
The Constitutional Council exists to determine the
constitutionality of new legislation or decrees.
It has powers to strike down a bill before it passes into
law, if it is deemed unconstitutional, or to demand the
withdrawal of decrees even after promulgation.
The Council is made up of nine members, appointed
(three each) by the President of the Republic, the leader
of the National Assembly, and the leader of the Senate,
plus all surviving former heads of state.
7. Semi Presidential System: The French President deals
with foreign policy and national concerns. The PM, on the
other hand, deals with day-to-day routine functions of the
Government and local domestic issues. The PM is
appointed by the President. The President doesn’t have a
 completely free-hand in the PM’s election. The person
appointed as PM must enjoy the confidence of the House.
Structural Understanding:
Like other Parliaments of top democracies of the world,
the French Parliament is bicameral. The French Parliament
under the Fifth Republic consists of two Houses, namely
the National Assembly and the Senate.
The National Assembly is the lower and the popular
Chamber whereas the Senate is the Upper Chamber.
Unlike the British monarch the French President is not a
component part of Parliament.
The Constitution makes no mention of the system of
election. It only says that the Deputies of the National
Assembly shall be elected by direct suffrage while the
Senate will be elected by indirect suffrage.
The number of members, their emoluments, the
conditions of eligibility and ineligibility and the offices
incompatible with membership of the Parliament have
been determined by Organic Acts.
In 1950, when the Constitution was inaugurated the
National Assembly consisted of 552 members. However,
after Algeria attained Independence the membership was
cut down by 85. Its membership came down to 468.
However, at present the assembly comprises 577
members.
Tenure of the House:
The tenure of the Assembly has been fixed by organic law.
Its tenure as at present is 5 years. It can be dissolved
earlier. Article 12 vests this power with the President.
However, he can dissolve the Assembly on the request of
the Prime Minister.
 For electing new assembly general elections have to take
place not less than 20 and not more than 40 days after the
dissolution. The Constitution also lays down specifically
that no new dissolution take place during the year
following the new elections There cannot be two
dissolutions in one year.
Election:
Any of the voters who is 21 years of age or more can
contest elections.
It is elected through two ballot systems in single member
constituencies. The candidates have to obtain an absolute
majority of the votes cast in the first ballot and a simple
majority in the second ballot. The representation is on the
basis of one seat for 93,000 population unit. However,
this goes varying.
However, government employees, Army personnel and
employees of nationalized industries cannot contest
elections as per law of the land.
There are two peculiarities of electoral system – (i) 2nd
Ballot systems. If no candidate secures absolute majority,
those getting less than one-fourth of the votes are
dropped out and second ballot is held and a person
getting absolute majority is elected. (ii) Every candidate
contesting election nominates a substitute as well. The
victory of the candidate means victory of the substitute
too. In case of death of candidate substitute takes his
place.
The Senate consists of representatives of the territorial
entities of the Republic. Thus, its membership of 321 which
was to increase to 346 in 2010 is divided between
metropolitan France, overseas departments, overseas
territories and the French citizens living abroad. The
metropolitan seats are 255 in number which are distributed
 on the basis of department. (The department is a local unit
like municipal committee in India).
Each electoral college composed of (i) the local
parliamentary deputies: the members of the departmental
councils; and representatives of the municipalities
according the size of the various municipal councils.

Fundamental Rights and its Cause for Revolt of 1857

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