Difference Between Indian Constitution and the US Constitution

Two of the most important nations in the world are among the 25 federal nations, which collectively account for 40% of the world's population. The oldest and biggest democracies in the world, respectively, are America and India. America established itself as a federal republic in 1798, whereas India did so in 1950, becoming a Socialist, Sovereign, Secular, Democratic and Republic. Each country has a number of lesser states that are linked together to form a union with a powerful central authority, giving both countries dominion status.

What is the meaning of the Indian Constitution?

On 26 January 1950, the Constitution of India was enacted by the Indian Assembly and passed by Parliament and state legislatures. Drafted by a committee led by Dr. Babasaheb Ambedkar, it aimed to make India as a republic country and provide fundamental rights to the people.

The original Indian Constitution included 395 articles, 22 sections, and 8 schedules. The Indian Constitution now has 448 articles, 25 sections, and 12 schedules as a result of the 104th Amendment Act of 2003.

The spirit and content of the Indian Constitution are distinctive. The following are the key aspects of the constitution −

• Longest written Constitution

• Flexibility and Rigidity in Balance

• Federal structure with unitary elements

• Independent Judiciary

• Parliamentary system of Government Ad Single citizenship provision

• Emergency planning

What is the meaning of the US Constitution?

The United States Constitution is the supreme law of the United States of America, having replaced the Articles of Confederation in 1789. It defines the national framework and the bounds of governance and consists of seven articles. The federal government is split into three branches: the legislative, executive, and judiciary, and the first three articles represent this idea. Federalism is embodied in Articles IV, V, and VI, which detail the roles and responsibilities of state governments, the connection between the states and the central government, and the joint process of amending the constitution. The process by which the 13 states ratified it is set forth in Article VII.

The following are the fundamental elements of the United States Constitution −

• Nature of Federalism − In India, there is a kind of quasi-federalism. A federal system with a strong unitary tendency. In America, everything is federal.

• Constitution − In India, the entire nation is governed by one single constitution. In the federal government of the United States, each state has its own constitution

• Power − Since India is a union of states, no state has the right to separate from it. In America, the federal government and state governments share authority.

Difference between the Indian Constitution and US Constitution

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

Basis	Indian Constitution	US Constitution
Adoption	The Indian Constitution was adopted on 26th November, 1949.	The US Constitution was adopted on 17th July, 1787.
Nature	It works towards cooperative federalism; it is quasi-federal in nature.	The Centre and the State are wholly independent of each other, it is federal in nature.
Nature of Law Making	States have a significant role at the executive level, which is referred to as executive federation. The Indian Constitution's Seventh Schedule divides the legislative authority between the Central and State governments. The residual authority belongs to Parliament.	States predominate in the federation's legislative process. There is no detailed methodology given.
Parliament	It has 2 houses i.e., the Lok Sabha and the Rajya Sabha Any bill may be passed by the Lokh Sabha without violating the Constitution's fundamental principles. Rajya Sabha weaker than the Senate.	It has 2 houses i.e., the House of Representatives and the Senate. House of Representatives is of the weakest lower house in the world. The strongest upper house is Senate. It has equal authority over regular legislation, amendment bills, and financial bills.
Separation of Power	Our Constitution adopts the doctrine of separation of powers, but only between the executive and judicial branches. The terms of legislatures and executives are interdependent. All members of the executive branch are also members of the legislature. As a member of the Union Executive, the President participates in enacting laws.	The US Constitution rigorously upholds the principle of separation of power. Legislative and executive terms are both set and independent of one another. None of the legislators may also serve in the executive branch. The American president lacks the authority to enact laws.
Judiciary	The Chief Justice and four other senior justices of the SC play a highly prominent and deciding role in the process by which the President chooses judges for the Supreme Court.	Judges of the Supreme Court are appointed without regard to any qualifications. Judges are appointed by the President with the advice and agreement of the Senate after the President suggests candidates to the Senate.

Conclusion

Although the federalism structures in the United States and India are distinct, both have worked effectively and preserved public autonomy. Federalism should safeguard the harmony and balance between the federal government and the states, and a local community with a range of moral standards should be established by the people who live there and the local political system. Both nations have certain federalist characteristics, although they are well recognised despite any restrictions.

Frequently Asked Questions

Which feature is similar between the Indian and American Constitution?

The following are similar features of the Indian and American Constitution −

• Powers of Checks and Balances

• Bill of Rights and Fundamental Rights

• Written constitution

• Supremacy of the Federal or Union Government.

What is difference between the Indian Constitution and USA Constitution?

The US Constitution follows a rigid structure and only has 7 articles and 27 amendments. On the other side, the Indian Constitution is the one that has been drafted the longest. There are 12 schedules, 448 articles and 22 parts.

Who drafted the America's Constitution?

James Madison is referred to as the Father of the Constitution because of his crucial contribution to the creation and ratification of the law.