US constitutional system

Key takeaways:

India’s Constitutional Framework

The Indian Constitution establishes a parliamentary democracy characterized by a federal structure. It features a dual executive system, where the Prime Minister serves as the de facto executive and head of government, while the President acts as the de jure executive in a ceremonial capacity as the head of state.

This quasi-federal structure divides powers between a strong central government and the states, which are not permitted to secede from the union. The Indian Constitution effectively combines the American principle of judicial supremacy with the British principle of parliamentary supremacy. The Supreme Court of India has the authority to declare any parliamentary law unconstitutional, while Parliament can amend the Constitution, provided such amendments do not violate its basic structure.

The US Constitutional System

In contrast, the US Constitution outlines a presidential system where the President serves as both the de jure and de facto executive. This framework implements the separation of powers, which distinguishes the executive branch from the legislature, granting substantial authority to the President as both head of state and government.

Additionally, the US Constitution establishes a federal system that allows states greater autonomy relative to the federal government, with residual powers resting with the states. The US system of judicial supremacy empowers the Supreme Court to declare laws unconstitutional, providing a check on the legislative branch.

However, the amendment process in the US Constitution is more rigorous compared to India’s basic structure doctrine. Amendments require a two-thirds majority in both houses of Congress and must be ratified by three-quarters of the states, resulting in only 27 amendments since its ratification in 1787, whereas the Indian Constitution has undergone 106 amendments since its adoption in 1949 due to its more flexible provisions.

Similarities and Differences

Both constitutions exhibit several similarities while also showcasing key differences in their core philosophies and mechanisms. The Indian Constituent Assembly crafted the Constitution by integrating various ideas from global constitutions and adapting them to India's specific context. Dr. B.R. Ambedkar, the chairman of the drafting committee, famously noted that the Indian Constitution was created by "ransacking all the known constitutions of the world," with the US Constitution being one of its influences.

Several significant elements of the Indian Constitution, including provisions for fundamental rights, the independent judicial system, judicial review, impeachment processes for the President and judges of the Supreme and High Courts, and the role of the Vice President, have been adapted from the US Constitution.

Contrasting Features

Despite these similarities, there are substantial differences. India’s vibrant multi-party system starkly contrasts with the predominantly two-party system in the US. The fundamental rights outlined in the Indian Constitution not only protect against state interference but also promote social and economic rights, whereas the U