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  • A Comparative Study of The Constitution of India, USA & UK

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    Saiby Khan
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    The document compares the constitutions of India, the UK, and the US. [1] India has a written constitution that is the lengthiest in the world and can be amended through both simple majority and special majority processes. [2] The UK has an unwritten constitution based on conventions and traditions that is more flexibly amended through parliamentary action. [3] The US has the shortest written constitution amongst major world powers and has the most rigid amendment process requiring approval by both houses of Congress and 3/4 of state legislatures.

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    1605002276674_A comparative study of the Constitution of India , USA & UK

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    The document compares the constitutions of India, the UK, and the US. [1] India has a written constitution that is the lengthiest in the world and can be amended through both simple majority and special majority processes. [2] The UK has an unwritten constitution based on conventions and traditions that is more flexibly amended through parliamentary action. [3] The US has the shortest written constitution amongst major world powers and has the most rigid amendment process requiring approval by both houses of Congress and 3/4 of state legislatures.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Download as docx, pdf, or txt
    3K views3 pages

    A Comparative Study of The Constitution of India, USA & UK

    Uploaded by

    Saiby Khan
    The document compares the constitutions of India, the UK, and the US. [1] India has a written constitution that is the lengthiest in the world and can be amended through both simple majority and special majority processes. [2] The UK has an unwritten constitution based on conventions and traditions that is more flexibly amended through parliamentary action. [3] The US has the shortest written constitution amongst major world powers and has the most rigid amendment process requiring approval by both houses of Congress and 3/4 of state legislatures.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 3

    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.

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