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Difference Between Indian Constitution and UK Constitution
The Constitution is the ultimate law of any nation, forming the foundation for all other laws and protecting the essential ethos of democracy and individual rights. However, the British ruled the Indian subcontinent for 150 years through the East India Company for its rich resources and other merits and during that period a number of the laws and acts that the British established are still in use today. However, very few people are aware of the background of the British Constitution and how it influenced the Constitution of India.
What is the meaning of the Indian Constitution?
The Constitution of India, which was passed and enacted by the Parliament and state legislatures in 1950, is one of the lengthiest constitutions of the world. After independence of India (i.e. 1947), the Indian legislatures worked hard to legislate own constitution, with the purpose to establish a republic country and provide fundamental rights to the people. It was enacted on 26 November 1950 and is celebrated as Constitution Day in India. On this date, India became a Sovereign Republic. At present, the Indian Constitution consists of 448 articles, 25 parts, 12 schedules, and 5 appendices.
The Constitution of India is the supreme law of India and establishes the foundation for defining the fundamental political code, organisational structure, powers, and responsibilities of governmental institutions as well as the fundamental rights of its citizens. It replaced the Government of India Act 1935 as the country's fundamental governing document, and India celebrates its constitution on 26 January as Republic Day. The constitution guarantees its inhabitants Justice, Equality, and Liberty and to promote fraternity. It also describes India as a Sovereign, Socialist, Secular, Democratic and Republic.
What is the meaning of the UK Constitution?
The U.K. Constitution is a body of laws and regulations that establishes governmental entities and specifies the rules for their interactions. The British Constitution is not included in a single document. The British Constitution is based on traditions and historic values. However, the Magna Carta, a significant piece of writing, was written in 1215. The Magna Carta has served as the foundation for the constitutions of several other countries in addition to the United Kingdom.
The following are the fundamental elements of the British Constitution −
Parliament − The British Parliament has two chambers since it is bicameral i.e. House of Lords and the House of Commons. The king, the House of Lords, and the House of Commons make up this body. One house makes the choices, while another house must ratify them. The British Parliament is the ultimate authority on legislative issues.
Rule of Law − The Rule of Law is a significant aspect of the British constitution. The foundation of the Rule of Law is constitutionalism or limited government. This restrains the Executive's ability to act arbitrarily.
Judiciary − The British Constitution has a single unified legal system, with the Supreme Court as the highest court of appeal. It is based on the Common law system. As a result, the judiciary lacks the authority to revoke or invalidate an act. The appointment and dismissal of judges are subject to the authority of the Parliamentary Board. The statutes are designed to encourage equality by making it simple for judges to render decisions without hesitation
Executive − In Britain, the head of state is known as the Crown. The Crown is made up of the following individuals and organisations −
The Crown is an institution in Britain, exercised by the Sovereign, Queen Elizabeth II, through Her Majesty's Government and devolved national authorities. The monarch appoints a Prime Minister as head of Her Majesty's Government.
Difference between the Indian Constitution and UK Constitution
The given table highlights the major differences between Indian Constitution and the UK Constitution −
Basis |
Indian Constitution |
UK Constitution |
|---|---|---|
Origin |
A constituent assembly created the Indian Constitution, which contains clear provisions. |
British law is an example of evolutionary growth. There was never a constituent assembly that framed it. Its evolution over a period of more than a thousand years has continued unbroken. |
Codification |
Written and longest Constitution. |
Unwritten Constitution. |
Parliament |
The fundamental tenet of the constitution is judicial review, and the people of India are sovereign, not the parliament. It consists of the Rajya Sabha and the Lok Sabha. |
The only legislative body in the nation with unrestricted legislative authority is the British Parliament. It consists of the House of Commons and the House of Lords. |
Nature of State |
In place of the British monarchical system, India has a republican one. In India, the President is chosen to serve as the head of state. |
In Britain, the role of Head of State (the King or Queen) is hereditary. |
Amenability |
The Indian Constitution is both flexible and strict. This fits in well with the fundamental principles of the Indian Constitution, which allows for amendments but also upholds certain principles like sovereignty, secularism, and republicanism as sacred. |
A flexible constitution is exemplified by the British constitution. Since there is no distinction between constitutional legislation and ordinary law, it can be approved, changed, or repealed by a Simple Majority i.e., 50% of the members present and voting in the Parliament. |
Religion of the State |
India's Constitution upholds a secular government. As a result, it does not support any certain religion as the state's official religion in India. |
Christianity is the recognised official religion of the United Kingdom, with its biggest component province, having a state church i.e. the Church of England. |
Directive Principles and Fundamental Duties |
In Part IV of the Indian Constitution, the state is given instructions on how to create an economic and social democracy known as the Directive Principles of State Policy. Part IVA of the Indian Constitution, serves as a reminder to individuals that, while enjoying their rights, they must also be mindful of the duties they owe to their nation, society, and fellow citizens known as the fundamental duties. |
Directive Principles and Fundamental Duties are absent in the British Constitution. |
Conclusion
The Indian Constitution borrowed from other nations in many ways, it was an effort to make sure that the government functioned effectively, equitably, and responsibly. It makes certain that the government abides by the law. It creates a system of checks and balances to guarantee that the government follows the right legislative process when passing new laws or amending existing ones.
Frequently Asked Questions
What is the right to equality in the UK and India?
In India, Articles 14 to 21 of the constitution ensure the right to equality as well as the protection of life and individual freedom. The Human Rights Act of 1998 in the UK has multiple articles outlining various aspects of human rights; Articles 2, 4, 9, and 10 of the Act include some of the most well-known rights.
How is the Indian judiciary different from the UK judiciary?
In the UK, the judiciary does not assess how fair the laws are. In essence, they are unable to evaluate actions passed by Parliament. Up until the Meneka Gandhi case, the Indian judicial system followed the legal procedures; however, since that time, India has adhered to the legal requirements.
What the meaning of British Raj?
The British Crown ruled over the Indian subcontinent from 1858 to 1947, and this period of time is known as the British Raj.
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