A comparative study of the Indian, UK and the US Constitution
A constitution is a set of rules that govern a country. Some countries have a formal written constitution
in which the structure of government is well defined, and the respective powers of the country and the
states are written in one single document, and some have unwritten constitutions which mean there is
no formal written constitution. Their constitutional rules are originated and based on several sources.
For example, Britain sources its constitution from several important statutes, or laws, as well as
principles decided in legal cases and conventions. New Zealand and Israel are two other countries that
do not have formal written constitutions.
Listed below are some comparisons in the study of Indian, UK and the US constitution.
India UK US
Written Constitution Unwritten Constitution Written Constitution
(Lengthiest in the world) (based on conventions and (shortest constitutions
political traditions) amongst major world
powers)
The process of amendment: The process of amendment: The process of amendment:
Amending the Constitution is a Constitution amending The process is very rigid
combination of rigid and procedure is flexible can be
(2/3rd of the States should
flexible process. It Can be amended or repealed by a
pass a resolution to this
amended by a Simple Simple Majority.
effect. Congress will call the
Majority, Special Majority or
(Since no distinction is made convention. In the
ratification by more than half
between constitutional law and convention, it has to be
of the states.
ordinary law. Both are treated ratified by 3/4th of the
(Basic structure cannot be alike) States)
amended)
Center + State: Unitary: Federal:
The interdependence of The British constitution has a Dual Federation (USA) – both
Centre and state govt. Neither unitary character as opposed to the Centre and state are
of them is independent of the a federal one. All powers of the completely independent.
other. The Central government government are vested in the They are complete
interferes with the functions British Parliament, which is a governments.
of state governments. The sovereign body.
the Federal Government and
head of state is the president
while the actual head of the States have their
government is the prime Constitutions and do not
minister. interfere in each other’s
functions
Government: Government: Government:
India has adopted a Britain has a parliamentary America has adopted a
Parliamentary form of form of government. The real Presidential form of
government. functionaries are Ministers, government. The President is
who belong to the majority both the head of the state as
Both President and Governor
party in the Parliament and well as its chief executive.
exercise the power of
remain in office as long as they
ordinance making under the
retain its confidence. (The UK is
constitution, thus performing
the self-governing country, but
legislative functions.
the head of the state is
monarch)
Term: Term: Term:
the Indian President and Prime The British prime minister holds The term of the American
Minister holds the office for 5 the office for 4 years(can be President is 4 years (fixed-
years extended) term)
(can be extended)
Separation of Powers: Separation of Powers: Separation of Powers:
Parliament is entrusted to The Lord Chancellor is the head Art. I vest legislative power in
make the law; Executive is of the judiciary, Chairman of the Congress; Art. II vests
entrusted with the duty of the House of Commons executive power in the
implementation of the law, (Legislature), a member of the President and Art. III vests
Judiciary to implement the executive and often a member judicial power in the Supreme
law. of the cabinet. The House of Court.
Commons ultimately controls
the Legislative. The judiciary is
independent, but the judges of
the superior courts can be
removed on an address from
both Houses of Parliament.
Citizenship: Citizenship: Citizenship:
India has one constitution and The UK constitution has not America has adopted the
concept of single citizenship been codified in one document. doctrine of the dual ship in
for every citizen of the General constitutional respect of its Constitution
country. principles run through the law. and citizenship. It has two
Central statutes have been Constitutions, one, for
recognized as holding America as a whole and
"constitutional" value. another for each State.
The sovereignty of power: The sovereignty of power: The sovereignty of power:
The Parliament can modify the The British Parliament is the The principle of judicial
major portion of the only the legislative body in the supremacy lies with the
Constitution through its country with unfettered power American Supreme Court.
constituent power. of legislation. It can make,
amend or repeal any law. The
The Supreme Court can
courts have no power to
declare the parliamentary laws
question the validity of the laws
as unconstitutional through its
passed by the British
power of judicial review.
Parliament. The British
Parliament may amend the
constitution on its authority,
like an ordinary law of the land.
