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D. Comparison of Indian Constitution with Other Countries

India Vs.

Similarities

Differences

France

Written Constitution: 

  • India and France have a written constitution, however, France has modified its constitution pretty often owing to instabilities. 
  • Presently, it is the 5th constitution in– – – – – – – – – – – – – – –
  • – – – – – – – – – – – – – – – – – – – – – – 

Type of Government: 

Both nations have elected heads for – – – – – – – – – –  – – – – – – – – – – – – – – – – – – – – – – – – – – – – 

Process of Amendments: 

French constitution can be amended with a 60% majority, similar to India’s– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – 

Republic: 

Both nations are Republics with an elected head of the State.

Ideals: 

India has picked up ideas of freedom, equality, and fraternity in the Preamble from the– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – 

Emergency Provisions: 

Both nations possess the power for – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – 

Political Model: France has agreed upon a semi-presidential system with the President possessing more power than the Prime Minister, while India has adopted a parliamentary form of administration with higher power vested with the– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

Term of the Head of Government:

Indian PM has a term of 5 years, while the French President has – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – 

Philosophical Features:

  • There is no provision for Procedure constituted by law or due process of law in the French constitution.
  • France adopted full separation of state from religion, while India maintains more of a principled distance, but not full separation.
  • France runs on a unitary model instead of federalism as – – – – – – – – – – – – – – – – – – – – – – 
  • – – – – – – – – – – – – – – – – –

Judiciary arrangement: 

  • There is no task of the judiciary in conducting elections in India, while in France the judiciary plays a significant role.
  • The French court is divided into two components i.e., Judicial Courts and administrative courts, but in India, – – – – – – – – – – – – – – – – – – – – – – 
  • – – – – – – – – – – – – – – – – – 

Canada

Unitary/Federal:

  • Both countries possess a federal structure. Like India, Canada has residuary powers vested with the center.

Governor Appointment: 

  • Central government nominates the Governor for the States and – – – – – – – – – – – – – –
  • – – – – – – – – – – – – – – –

Executive setup:

  • Members are chosen by the first past the post method.
  • Both nations have an accountable government that is jointly accountable to the – – – – – – – – – – – – – – 
  • – – – – – – – – – – – – – – –

Judiciary arrangement

  • The appointment and advisory authority of the Supreme Court is– – – – – – – – – – – – – – – – – – – – – – – – – – – 
  • – – – – – – – – – – – – – – – – –

Legislative arrangement:

  • Law implemented by the parliament is relevant to the– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – 
  • – – – – – – – – – – – – – – – – – – 

Written/Unwritten Constitution:

  • Canada is regulated by both written and unwritten laws, while India is regulated as by the – – – – – – – – – – – – – –
  • – – – – – – – – – – – – – – – – –

Political arrangement:

  • Canada possesses a monarchical arrangement, while India has the President as the head of the State.
  • – – – – – – – – – – – – – – – – – –

Executive arrangement:

  • Governor-General is nominated by the monarch under the guidance of the Prime Minister, while in India the President is chosen by– – – – – – – – – – – – – – – – – 
  • – – – – – – – – – – – – – – – – – –

Citizenship:

  • There is a provision for dual citizenship in Canada, while India does not offer – – – – – – – – – – – – – – – – – – – 
  • – – – – – – – – – – – – – – – – – – – 

Judicial arrangement:

  • Canada has several legal systems, while in the case of India– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – 

Germany

Republic:

  • Both nations are Republics with an elected – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – 
  • – – – – – – – – – – – – – – – – – 

Political arrangement:

  • Both nations possess a parliamentary form of government in which the Chancellor/PM is the head of the government and the president mainly possesses ceremonial and managerial duties.
  • India has picked up emergency provisions from Germany.
  • Both possess a federal system.
  • Both possess the features of – – – – – – – – – – – – – – – – 
  • Germany possesses a very rigid constitution, while India has a flexible and rigid constitution.

Citizenship: 

  • Dual citizenship is permitted under – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – 
  • – – – – – – – – – – – – – – – – – –

 

5. Parliament and State Legislatures – structure, functioning, conduct of business, powers & privileges and issues arising out of these.

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

 

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