Comparison of the Indian Constitutional Scheme with Other Countries

The Indian Constitution, with its unique blend of federal and unitary features, draws inspiration from various constitutional systems around the world. Here is a comparative analysis with some major constitutions:

United States

1. Federal Structure:
   • United States: A true federation with a clear separation of powers between the federal government and the states.
   • India: A quasi-federal structure with a strong unitary bias, allowing the central government to override state laws in certain circumstances.
2. Constitutional Amendments:
   • United States: A rigorous process requiring a two-thirds majority in both Houses of Congress and ratification by three-fourths of the state legislatures.
   • India: More flexible, with amendments requiring a simple majority, a special majority, or special majority plus state ratification depending on the provision being amended.
3. Judicial Review:
   • United States: The Supreme Court has the power of judicial review to strike down laws conflicting with the Constitution.
   • India: The Supreme Court and High Courts have similar powers of judicial review, but the Parliament can amend the Constitution to counteract judicial decisions, provided the basic structure is not violated.
4. Bill of Rights/Fundamental Rights:
   • United States: The first ten amendments, known as the Bill of Rights, guarantee fundamental civil liberties.
   • India: Part III of the Constitution guarantees Fundamental Rights, which are more comprehensive and include both civil and socio-economic rights.

United Kingdom

1. Nature of the Constitution:
   • United Kingdom: Unwritten constitution based on statutes, conventions, judicial decisions, and works of authority.
   • India: A written constitution, providing a comprehensive legal document detailing the structure, powers, and functions of government.
2. Parliamentary Sovereignty vs. Constitutional Supremacy:
   • United Kingdom: Parliamentary sovereignty, meaning Parliament can make or repeal any law.
   • India: Constitutional supremacy, meaning the Constitution is the supreme law, and all laws must conform to it.
3. Role of the Judiciary:
   • United Kingdom: The judiciary cannot overrule parliamentary legislation but can interpret laws.
   • India: The judiciary can strike down laws that are unconstitutional.

Canada

1. Federal Structure:
   • Canada: A federal system with a clear division of powers between the federal government and the provinces, but with a stronger federal influence.
   • India: Similar quasi-federal system with a strong central government.
2. Charter of Rights and Freedoms/Fundamental Rights:
   • Canada: The Canadian Charter of Rights and Freedoms guarantees fundamental rights and freedoms.
   • India: Part III of the Constitution guarantees Fundamental Rights, including extensive socio-economic rights.
3. Amendment Process:
   • Canada: Complex process requiring approval by the federal Parliament and a significant portion of provincial legislatures.
   • India: More flexible process with varying requirements based on the nature of the amendment.

Australia

1. Federal Structure:
   • Australia: A federal system with a clear division of powers between the federal government and the states.
   • India: Similar quasi-federal structure with a strong central government.
2. Parliamentary System:
   • Australia: A parliamentary system where the executive is drawn from the legislature.
   • India: Similar parliamentary system with the President as the head of state and the Prime Minister as the head of government.
3. Judicial Review:
   • Australia: The High Court of Australia has the power of judicial review.
   • India: Similar powers vested in the Supreme Court and High Courts.

South Africa

1. Bill of Rights/Fundamental Rights:
   • South Africa: Comprehensive Bill of Rights included in the Constitution, guaranteeing extensive civil, political, and socio-economic rights.
   • India: Part III of the Constitution provides a broad range of Fundamental Rights, including civil, political, and socio-economic rights.
2. Constitutional Court:
   • South Africa: A Constitutional Court specifically tasked with upholding the Constitution.
   • India: The Supreme Court of India serves a similar role, with additional responsibilities as the highest appellate court.
3. Amendment Process:
   • South Africa: Requires a two-thirds majority in the National Assembly and, for certain sections, a supporting vote from six of the nine provinces.
   • India: More flexible, with amendments requiring a simple majority, special majority, or special majority plus state ratification depending on the provision.

France

1. Nature of the Government:
   • France: A semi-presidential system with both a President and a Prime Minister.
   • India: A parliamentary system with a President (largely ceremonial) and a Prime Minister as the head of government.
2. Secularism:
   • France: Strict separation of church and state (Laïcité).
   • India: Secular state with no official religion, but allows for state intervention in religious matters to ensure equality.
3. Constitutional Amendments:
   • France: Requires approval by both houses of Parliament followed by a referendum or a three-fifths majority in a joint session of Parliament.
   • India: Flexible process with varying requirements based on the nature of the amendment.