Difference Between Indian Constitution and Canadian Constitution


Among all laws in the world, the Canadian Constitution has a significant global impact. It defends individual rights, makes sure that Canada is a representative democracy, and lays forth the guiding ideals of the nation. Although it has undergone several modifications throughout the years, it still plays a vital part in Canadian society today. The constitutions of Canada and India are extensive books that encompass everything from civic rights to basic freedoms. Here are a few of the Canadian Constitution's key components.

What is the meaning of the Indian Constitution?

The Constitution of India is the country's supreme legislation. It was approved on November 26, 1949, and it went into effect on January 26, 1950. The Indian Constitution, which has been revised more than 100 times since it was first drafted, is the longest written constitution in the world. According to the Indian Constitution, there is a strong central government and strong state governments. However, the Indian Constitution ensures that all people have access to some essential rights, such as freedom of expression, assembly, and trade.

Feature of Indian Constitution

The following are the features of Indian Constitution −

  • Longest Constitution − The Constitution of India is the longest and detailed written constitution in the world, due to geographical and historical factors, a single constitution for both the Centre and states, and the dominance of legal luminaries in the Constituent Assembly.

  • Rigidity and Flexibility − The Indian Constitution is a unique example of combining rigidity and flexibility, with three types of amendments ranging from simple to complex depending on the nature of the amendment.

  • Federal System − A federal structure of governance is established under the Indian Constitution. It has a number of characteristics, including bicameralism, two governments, a written constitution, supremacy, and a separation of powers between them. Additionally, it has unitary or non-federal aspects including an effective central government, a unified constitution, the nomination of state governors by the federal government, all-India services, an integrated judiciary, etc.

  • Rule of Law − A democracy cannot function without the rule of law because this ensures that the collective knowledge of the people is sovereign. Furthermore, it implies that there is no tolerance for arbitrary action, that everyone has certain fundamental rights, and that the highest court is the ultimate arbiter of how the rule of law should be upheld.

What is the meaning of the Canadian Constitution?

The preamble and the Canadian Constitution are the country's ultimate legislation. It is a document that describes the composition and duties of the Canadian government. The rights and liberties of Canadians are also safeguarded under the constitution. The Constitution Act of 1867 (also known as the British North America Act), the Constitution Act of 1982, and the Charter of Rights and Freedoms are just a few of the documents that make up the constitution.

The supreme law of India is also the Indian Constitution. It is a document that describes the organisational framework and duties of the Indian government. The rights and liberties of Indians are also safeguarded under the constitution. Given that both the Indian and Canadian constitutions were influenced by the British Constitution, they are extremely similar.

Feature of Canadian Constitution

The following are the features of Canadian Constitution −

  • Constitutional Monarchy − The British Queen is the head of the Canadian Monarchy, which also consists of Governors General and Lieutenant Governors at the federal and provincial levels. Executive power is exercised by the prime minister and cabinet.

  • Federalism − The term "federal government" refers to the whole administration. Provincial governments are regional governments. The centre has residuary powers.

  • Parliamentary Government − Canada has a monarchy and two federal chambers, the House of Commons and Senate. At the provincial level, there are legislative chambers with 308 members in the lower house and 105 members in the Senate. The election process uses the first-past-the-post system.

  • Judiciary − Similar to India, Canada has a Supreme Court that serves as the country's highest court. The Supreme Court of Canada is composed of nine judges

Difference between the Indian Constitution and Canadian Constitution

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

Feature

Indian Constitution

Canadian Constitution

Written and Unwritten Law

The Indian Constitution is guided by the written Constitution.

The Canadian Constitution is guided by both written and unwritten law.

Judicial Setup

The Indian Constitution does not have multiple legal systems.

The Canadian Constitution has multiple legal systems.

Executive Setup

In India, the President is elected by an indirect election.

The Governor-General is appointed by the monarch on the advice of the Prime Minister under the Canadian Constitution.

Parliament

It consists of the Rajya Sabha and the Lok Sabha.

It consists of the House of Commons and the Senate.

Nature of State

The Indian Constitution has the President as head of the State.

The Canadian Constitution has a monarchical system.

Citizenship

India does not grant dual citizenship.

It has a provision for dual citizenship.

Conclusion

The unwritten components of Canada's Constitution include British constitutional conventions, established custom, practice, and precedent, as well as actions of both the British and Canadian Parliaments, legislation, court rulings, and agreements between the federal and provincial governments. Whereas, the Indian Constitution is unique in spirit and content, with features borrowed from other constitutions. It has undergone major amendments, including the 7th, 42nd, 44th, 73rd, and 74th Amendments which significantly changed the original constitution.

Frequently Asked Questions

What is the difference between Canadian and Indian law?

Canadian law is founded on a common law system, is only applicable inside Canada, and mostly relies on earlier court rulings and judicial precedents. Indian law, which is based on a civil law system and mostly relies on written laws and statutes, is applicable only inside India.

Is the Indian Act still law in Canada?

The Indian Act, 1876 established by the federal government of the new Dominion of Canada in 1876 and still in force today, is the most significant piece of legislation impacting First Nations.

Why did Canada pass the Indian Act?

The Indian Act, which incorporated measures aimed at eliminating Indigenous peoples' cultural, social, economic, and political individuality, was designed to integrate Indigenous peoples into mainstream society.

Updated on: 13-Oct-2023

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