Difference Between Indian Constitution and Australian Constitution


The essential beliefs and rules that a country has recognised as the pinnacle of its legal system and sense of self are codified in its constitution, which is the heart of a country. It must be difficult to alter, and a rigid, formal system must be used to implement it. A stable constitution leads to a stable government and is the finest defence against tyranny and oppression, thus the amendment process must be carried out with the dexterity and accuracy.

What is the meaning of the Indian Constitution?

The constitution of India was framed by the Constituent Assembly, set up in 1946 under the provisions of cabinet mission plan. Dr. Rajendra Prasad was the president of Constituent assembly and Dr. B.R. Ambedkar was the Chairman of the seven -member Drafting Committee which drafted the constitution.

The Indian Constitution is the lengthiest and most detailed written constitution in the world. Though most of the features of our constitution are substantially borrowed from others, the framers gathered the best features of each of the existing constitutions and modified them according to the existing needs and conditions of the country.

The preamble of the constitution declares India a Sovereign, Socialist, Secular, and Democratic Republic. It highlights justice, liberty, equality and fraternity as objectives of the constitution. The Constitution of India consists of a preamble, 22 parts and 12 schedules. Although it is federal in nature it also has a strong unitary bias.

What is the meaning of the Australian Constitution?

The Australian constitution, the ultimate law of the land, sets the authority and organisational framework of Australia's three branches of government: the judiciary, executive, and legislative.

Between 1891 and 1898, the six self-governing British colonies of Australia had a number of conferences where the constitution was created. Between 1898 and 1900, a number of referendums resulted in the final ratification. The Commonwealth of Australia Constitution Act 1900 was passed by the British Parliament on July 9th, 1900, and went into effect on January 1st, 1901. Australian law was developed by the High Court's constitutional interpretation, which included concepts from the Westminster system and unwritten constitutional traditions. According to Section 128, the referendum may only modify the constitution once; the most recent revision was enacted in 1977.

Presence of a Preamble

The preamble of the UK Parliament's constitution precedes the Australian constitution, which lacks one. Proponents of incorporating an Australian constitution preface claim that a preamble might influence the High Court's interpretation of other clauses. In 1999, a vote defeated a preamble authored by then-Prime Minister John Howard that included the proposal to become a republic.

Difference between the Indian Constitution and Australian Constitution

The following are the differences between Indian Constitution and the Australian Constitution −

Feature

Indian Constitution

Australian Constitution

Official Language

Indian constitution recognizes 22 languages.

It has one official language.

Emergency Provision

The Indian Constitution, which has express provisions for the declaration of an emergency in chapter XVIII.

The Australian Constitution lacks a fully stated set of rules for emergencies.

Parliament

It consists of the Rajya Sabha and the Lok Sabha.

It consists of the House of Representative and the Senate.

Nature of State

India is a republic state.

Australia Queen of England is the monarch

Conclusion

Both India and Australia embraced federalism from the US Model, with minor amendments to meet their own needs. Both states have adopted written constitutions and their unique amendment processes; Australia has a system that involves the public in altering the constitution, and India has a structure that allows the Parliament to be the only body that may change the majority of the Constitution. India has had more than 100 amendments since its adoption due to the comparatively quick and straightforward amending method, but Australia has only had 8 amendments made to the Constitution of Australia despite 44 referendums being put to the electorate since its adoption.

Frequently Asked Questions

How is Australian law protecting human rights?

Human rights are not guaranteed under Australia's constitution, but there are alternative options. The constitution guarantees five individual rights, including the right to freedom of religion, the right to a jury trial, and protection from unfair property acquisition terms. The High Court ruled in 1992 that a certain amount of personal freedom is necessary for people to discuss and debate political matters under Australia's parliamentary system. The Magna Carta, the first document addressing human rights, was created in 1215 and became part of common law in the UK.

Is Australian law and Indian law same?

The legal systems of Australia and India are very similar. Both countries have a federal form of government and are democracies. The legal language in both jurisdictions is English. Even certain portions of the Indian constitution were modelled after equivalent provisions in the Australian constitution.

Which features of the Indian Constitution are borrowed from the Australian Constitution?

The Indian Constitution borrowed the concept of concurrent list from the Australian Constitution.

When was the Australian Constitution enacted?

The Australian Constitution came into effect on January 1, 1901, when Australia officially became a federation, uniting six former colonies into a single nation.

What were the main purposes of creating the Australian Constitution?

The main purposes were to establish a federal system of government, define the roles and powers of the different branches of government, allocate responsibilities between the federal and state governments, and protect certain rights and freedoms of Australian citizens.

What are the key components of the Australian Constitution?

The Constitution consists of eight chapters and 128 sections that cover various aspects of the government, including the composition and powers of the Parliament, the role of the Executive Government, the judiciary, the separation of powers, trade and commerce, and the distribution of powers between the federal and state governments.

How can the Australian Constitution be amended?

The Constitution can be amended through a referendum process. A proposed amendment must be approved by a double majority, meaning it must be supported by a majority of voters nationwide and by a majority of voters in a majority of states.

Does the Australian Constitution include a Bill of Rights?

Unlike some other countries, the Australian Constitution does not include a comprehensive Bill of Rights. However, it does contain certain protections and rights, such as the freedom of religion and the right to trial by jury.

Who has the power to interpret the Australian Constitution?

The High Court of Australia is the ultimate authority when it comes to interpreting the Australian Constitution. It has the power to decide on constitutional disputes and clarify the meaning and implications of its provisions.

Can the states within Australia amend their own constitutions?

Yes, the individual states within Australia can amend their own state constitutions, as long as those amendments do not conflict with the Australian Constitution.

Updated on: 13-Oct-2023

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