Difference Between Indian Constitution and German Constitution

The Indian Constitution is the country's foremost law and confers constitutional supremacy. It is the second-largest functioning constitution in the world and consists of a preamble, 25 parts with 12 schedules, 448 articles, and 105 amendments. Germany is a federation and its parliamentary system of government was inspired by the British system.

What is the meaning of the Indian Constitution?

The Indian Constitution is the country's foremost law. It outlines the essential governmental rights, authorities, and obligations as well as the associated processes, practices, and concepts. It confers constitutional supremacy rather than parliamentary supremacy since it was drafted by a constituent assembly and approved by the people of the country, according to a declaration in the preamble. It cannot be overruled by Parliament.

The Indian constitution is the longest in the world. It contained 395 Articles in 22 parts and 8 schedules when it first started. The second-largest functioning constitution in the world, it has about 145,000 words in it. It now consists of a preamble, 25 parts with 12 schedules, 448 articles, and 105 amendments.

What is the meaning of the German Constitution?

Germany is a federation, and the states of Germany are in charge of the remaining powers. They are known as "Landers," the states. Its parliamentary system of government was inspired by the British system. But it is not only a copy of the system. Germany is known as the "Chancellor's Democracy." The PM is Chancellor. The Constitutional Head is the President.

Features of the German Constitution

The following are the features of the German Constitution −

Chancellor

The Chancellor is unquestionably superior to other Ministers.

The Chancellor Principle states that other ministers are required to follow the overall policy that the Chancellor has established. While operating within these constraints, a minister has considerable discretion over his department. The stability of the coalition government is guaranteed by this process.

Parliament

The Bundestag is the lower house of Germany's political system, elected for a four-year term using Mixed Member Proportional Representation (MMPR). This system gives a more proportional result than First-Past-The-Post (FPTP).

Manner of Election

Using a first-past-the-post voting system and a list of parties based on each Land, the Bundestag is elected directly from 299 constituencies. Each voter has the opportunity to cast two ballots in the election− one to choose their local members for the Parliament, and the other to decide the relative power of the parties with representatives in the Bundestag. Only the parties that received more than 5% of the second ballots or at least three direct mandates are eligible to get one of the 598 seats. Depending on how many votes each party obtained, seats are distributed accordingly.

Difference between the Indian Constitution and German Constitution

The following are the major differences between Indian Constitution and the German Constitution −

Feature	Indian Constitution	German Constitution
Flexible and Rigid Law	The Indian Constitution has a flexible and rigid Constitution.	The German Constitution has a rigid Constitution.
Parliament	It consists of the Rajya Sabha and the Lok Sabha.	It consists of the Bundestag and Bundesrat.
Citizenship	India does not grant dual citizenship.	It has a provision for dual citizenship.

Conclusion

 The rigorous constitution of Germany, which also permits it to be a federal state, is comparable to India's constitutional structure. The President of Germany is the constitutional head of the government, and the Prime Minister has greater authority than the Prime Minister of India. Germany likewise permits dual citizenship, in contrast to India's single citizenship system.

Frequently Asked Questions

What is the German Constitution also known as?

The German Basic Law, or Grundgesetz, is the country's constitution. The formal name of Germany, a parliamentary democracy, is Federal Republic of Germany.

Which country has first unwritten constitution?

A number of nations, including Canada, China, Israel, New Zealand, Saudi Arabia, and the United Kingdom, have an unwritten constitution.

What did India Constitution borrow from the German Constitution?

The Indian Constitution borrowed the emergency provision from the German Constitution.

When was the German Basic Law adopted?

The German Basic Law was adopted on May 23, 1949.

What was the historical context in which the German Basic Law was adopted?

The German Basic Law was adopted in the aftermath of World War II and the Nazi regime. It laid the foundation for the establishment of a democratic and federal state in West Germany, emphasizing the protection of individual rights and the prevention of authoritarian rule.

What are the fundamental principles of the German Basic Law?

The German Basic Law is built on principles such as democracy, rule of law, separation of powers, federalism, and protection of individual rights.

How does the German Basic Law protect individual rights?

The German Basic Law includes a comprehensive catalog of fundamental rights, such as freedom of speech, religion, and assembly. These rights are designed to safeguard the dignity and freedom of individuals.

Can the German Basic Law be amended?

Yes, the German Basic Law can be amended, but the process is rigorous. Certain articles, known as "eternity clauses," which guarantee the basic structure of the constitution, cannot be amended under any circumstances.

How is the German government structured according to the Basic Law?

The German government is structured as a parliamentary democracy. It consists of three branches: the legislative branch (Bundestag and Bundesrat), the executive branch (headed by the Chancellor), and the judicial branch (including the Federal Constitutional Court).

What is the role of the Federal Constitutional Court in Germany?

The Federal Constitutional Court (Bundesverfassungsgericht) is the highest court in Germany for constitutional matters. It ensures that laws and government actions adhere to the principles of the Basic Law and protects individual rights.

How does the German Basic Law handle the division of powers?

The German Basic Law establishes a division of powers between the federal government and the individual states (Länder). Certain powers are reserved for the federal government, while others are delegated to the states.

Is the German Basic Law unique to West Germany, or does it apply to the entire reunited Germany?

The German Basic Law originally applied to West Germany. However, after the reunification of East and West Germany in 1990, it was extended to the entire country, and it continues to serve as the constitution for the unified Federal Republic of Germany.