Comparison of the Indian Constitutional Scheme With that of Other Countries Parliament and State Legislatures - Indian Polity Notes
A Constitution is the rule book of a nation, codifying the rule of law. It sets out the framework and principal functions of various organs of the government, viz., the Executive, Legislature and Judiciary. It also establishes relations between the government and the people which is called citizenship.
The architects of the Indian Constitution went through all the then existing major Constitutions of the world before drafting their own. The Constitution of India is often described as 'a bag of borrowings' as it freely draws from other countries. A constitution is the rule book of a nation, codifying the rule of law. The UPSC Indian Polity and Governance Syllabus includes Comparison of the Indian Constitutional Scheme With that of Other Countries Parliament and State Legislatures which is described in this article.
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Table of Contents |
Indian Constitution a bag of borrowings
- The Indian Constitution offers for a Parliamentary form of government which is federal in structure with certain unitary characteristics.
- The composition being written part, convention as well as judicial interpretation. Derived from various sources. Primarily from the Government of India Act, 1935.
- From Ireland: Directive Principles of State Policy, Representation of ability in the Rajya Sabha, system of election of President of India method of nominating members of the Rajya Sabha;
- From the US: Fundamental Rights;
- From Britain: Parliamentary form of Government;
- From Germany: Emergency provision;
- From South Africa: Procedure of amendment with a two-thirds majority in Parliament and the election of the members of the Rajya Sabha etc.
- Thus, the Indian Constitution is one of the longest known Constitutions in the world because of the above features.
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| Salient features of Indian constitution | Sources of the Constitution |
| Enactment Of The Constitution | Enforcement Of The Constitution |
Comparison of Indian Constitution with Other Countries:
| India vs. | Similarities | Differences |
|---|---|---|
| France |
Written Constitution:
Amendments Process:
Republic:
Ideals:
Emergency Provisions:
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Political Model:
Philosophical aspects:
Judiciary setup:
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| Canada |
Unitary/Federal: Both have a federal structure. Like India, Canada has residuary powers lies with the centre.Appointment of the Governor: Central government appoints the Governor for the States and Provinces. Executive setup:
Judiciary setup:
Legislative setup:
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Written/Unwritten Constitution:
Political setup:
Executive setup:
Citizenship:
Judicial setup:
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| Germany |
Republic:
Political setup:
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Citizenship:
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| Japan |
Legislative setup:
Philosophical aspects:
Executive setup:
Judiciary setup:
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Executive setup:
Political setup:
Judiciary setup:
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| Australia |
Legislative setup:
Judiciary setup:
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Political setup:
Legislative setup:
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| USA |
Legislative setup:
Philosophical aspects:
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Political setup:
Executive setup:
Amendability:
Judiciary setup:
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| UK |
Executive setup:
Amendability: The British law can be passed, amended and repealed by a Simple Majority like in India. Judiciary setup:
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Written/Unwritten:
Political setup:
Legislative setup:
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| Russia |
Executive setup:
Legislative setup:
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Political Model:
Executive setup:
Legislative setup:
Judicial setup:
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Conclusion
Although many of India's constitutional characteristics were adopted from other countries, it was an attempt to ensure that the government operated efficiently, fairly, and responsibly. It ensures that the government follows the law. It establishes a system of checks and balances to ensure that when laws are enacted or altered, the government follows the proper legislative procedure.
FAQs
Question: How does the Indian parliamentary system differ from the British parliamentary system?
Answer: The Indian parliamentary system, influenced by the British model, features a clear separation of powers among the executive, legislative, and judiciary branches. Unlike the British system, where the Prime Minister is a member of Parliament, India's Prime Minister is elected by the President and holds a stronger position in the Lok Sabha (House of the People). Furthermore, India has a written Constitution, while the UK has an unwritten one, which grants India a more defined legal framework for governance.
Question: What is the role of the Rajya Sabha in the Indian Parliament?
Answer: The Rajya Sabha, or the Council of States, is the upper house of the Indian Parliament. Its primary role is to represent the interests of the states and union territories in the legislative process. Members of the Rajya Sabha are elected by the elected members of the State Legislative Assemblies, providing a platform for state representation at the national level. The Rajya Sabha also plays a crucial role in reviewing and suggesting amendments to legislation passed by the Lok Sabha.
Question: What are the key features of the state legislature in India?
Answer: The state legislature in India can be unicameral or bicameral, consisting of the Legislative Assembly (Vidhan Sabha) and, in some states, the Legislative Council (Vidhan Parishad). Key features include the power to make laws on subjects enumerated in the State List and Concurrent List, the authority to approve the state budget, and the ability to control the executive through various mechanisms such as no-confidence motions and question hours.
Question: How does the Indian Constitution ensure the independence of the judiciary?
Answer: The Indian Constitution ensures judicial independence through various provisions, including the appointment process for judges, security of tenure, and fixed salaries, which are not subject to parliamentary control. Additionally, the Supreme Court and High Courts have the authority to interpret the Constitution and safeguard fundamental rights, ensuring that the judiciary remains free from executive and legislative interference.
Question: What similarities exist between the Indian and American legislative systems?
Answer: Both the Indian and American legislative systems feature a bicameral structure, consisting of an upper and a lower house. They both have provisions for the representation of states in the upper house, namely the Rajya Sabha in India and the Senate in the U.S. Additionally, both systems require legislation to pass through both houses before becoming law. However, the powers and functions of each house differ significantly in both systems.
MCQs
1. What is the primary function of the Lok Sabha?
A. To represent the states
B. To control the executive
C. To approve constitutional amendments
D. To elect the President
Answer: (B) See the Explanation
The primary function of the Lok Sabha is to control the executive through various means, including passing legislation, approving budgets, and conducting question hours.
2. Which of the following articles of the Indian Constitution pertains to the establishment of the Rajya Sabha?
A. Article 80
B. Article 81
C. Article 84
D. Article 86
Answer: (A) See the Explanation
Article 80 of the Indian Constitution pertains to the establishment of the Rajya Sabha, detailing its composition and membership.
3. How many members are there in the Rajya Sabha?
A. 250
B. 245
C. 240
D. 275
Answer: (B) See the Explanation
The Rajya Sabha consists of a maximum of 245 members, out of which 233 are elected by the State Legislative Assemblies, and 12 are nominated by the President.
4. Which country has a parliamentary system similar to India's?
A. United States
B. Germany
C. Canada
D. China
Answer: (C) See the Explanation
Canada has a parliamentary system similar to India's, characterized by a bicameral legislature and a Prime Minister who is the head of the government.
5. The Indian Parliament is a part of which of the following?
A. The Executive
B. The Judiciary
C. The Legislature
D. The Military
Answer: (C) See the Explanation
The Indian Parliament is a part of the Legislature, which is one of the three branches of government in India, alongside the Executive and the Judiciary.
GS Mains Questions and Model Answers
1. Compare the powers and functions of the Lok Sabha and Rajya Sabha in the Indian parliamentary system.
Answer: The Lok Sabha and Rajya Sabha have distinct powers and functions within the Indian parliamentary system. The Lok Sabha, as the lower house, holds greater legislative power and is responsible for controlling the executive through confidence motions and budget approvals. It has the authority to initiate money bills and can override the Rajya Sabha's decisions with a simple majority. Conversely, the Rajya Sabha serves as the upper house and represents the states and union territories, ensuring their interests are considered in national legislation. It reviews and suggests amendments to bills passed by the Lok Sabha, but it cannot initiate money bills. Both houses must approve legislation for it to become law, maintaining a balance of power in the legislative process.
2. Discuss the significance of the basic structure doctrine in the context of the Indian Constitution.
Answer: The basic structure doctrine is a judicial principle that ensures the fundamental framework of the Indian Constitution is preserved. Established by the Supreme Court in the Kesavananda Bharati case, this doctrine asserts that certain essential features of the Constitution, such as democracy, rule of law, and separation of powers, cannot be altered by amendments. This doctrine acts as a safeguard against potential abuses of power by the Parliament, ensuring that the core values of the Constitution remain intact. It emphasizes the importance of constitutional supremacy and protects citizens' rights, contributing to the stability of India's democratic framework.
3. Analyze the impact of the Indian parliamentary system on the functioning of state legislatures.
Answer: The Indian parliamentary system significantly impacts the functioning of state legislatures by providing a framework for legislative processes and governance at the state level. State legislatures operate similarly to the Parliament, with a bicameral or unicameral structure, enabling them to make laws on state subjects and control the state's executive. The parliamentary system fosters accountability, as the executive is derived from the legislature and is answerable to it. This relationship encourages the legislature to actively participate in governance, leading to greater scrutiny of executive actions. Moreover, the dynamics of the parliamentary system influence the political landscape within states, shaping party politics and electoral strategies.
Previous Year Questions on the Indian Constitutional Scheme
1. UPSC CSE Prelims 2019
Question: Which of the following features is unique to the Indian parliamentary system?
A. Dual executive
B. Unicameral legislature
C. Independent judiciary
D. One-party system
Answer: A
Explanation: The dual executive feature, comprising the President as the nominal executive and the Prime Minister as the real executive, is unique to the Indian parliamentary system.
2. UPSC CSE Mains 2020 (GS Paper 2)
Question: "The Indian Parliament is the cornerstone of democracy." Discuss the roles and responsibilities of the Parliament in maintaining democratic governance.
Answer: The Indian Parliament plays a vital role in upholding democracy by enacting laws, representing the electorate, and holding the executive accountable. As the supreme legislative body, it reflects the will of the people through elected representatives. Parliament scrutinizes government policies and actions, debates key national issues, and provides a platform for public discourse. Furthermore, it is responsible for approving the budget, overseeing the allocation of public resources, and safeguarding citizens' rights. Through these functions, the Parliament ensures that democratic principles are maintained, contributing to a stable and accountable governance system.
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