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The US Constitution and the Indian Constitution

The US Constitution has influenced the Indian Constitution, but there are key differences between both. Read these study notes to know what they are.

TABLE OF CONTENT

• Similarities between the Constitution of India and the Constitution of the US
• Conclusion

The US Constitution is one of the shortest Constitutions and the first Written Constitution around the globe. The US Constitution is rigid in its format and consists of only 7 articles and 27 amendments. The Indian Constitution, on the other hand, is the lengthiest Constitution written to date. It consists of 12 schedules and 448 articles in 22 parts. The Indian Constitution is a quasi-federal Constitution which means it can change its form with respect to the circumstances. The major influence of the Indian Constitution reflects that of the American Constitution. The British ruled over India for years and gave India the basic structure to formulate powers and run the Government. The main features of India’s Consitution are taken from the UK Parliament’s Act of 1935. The Indian Constitution is also inspired by the Constitutions of Canada, Russia, France, and Japan.

Similarities between the Constitution of India and the Constitution of the US

• Both Constitutions are in the written format, even though the American Constitution is not as vast as the Indian Constitution
• Both the Indian and US Constitutions are federal in their form. They state that the power belongs to the Central Government
• Both Constitutions lay down the foundations of the fundamental rights of the people
• The distribution of powers to maintain and safeguard democracy is another common feature between the two Constitutions

Differences between the Constitution of India and the Constitution of the US

1. The Constitution of India is amendable, whereas that of America cannot be amended.
2. The US Constitution cannot change its form, whereas the Constitution of India can change its form given the circumstances to protect the country. It means that the American Constitution is completely federal, while the Constitution of India is quasi-federal. Quasi-federal means that, if need be, the states’ powers will become null and void, and the Centre becomes the supreme power.
3. Dual citizenship is followed in the American Constitution; that is, people need to have the citizenship of the state as well as the country. India’s Constitution works on single citizenship, which means the resident should be a citizen of the country, no matter the state they reside in. 
4. The President is the head of the country in America. The Prime Minister represents the country and the choice of people in India. 
5. The American Constitution has no provisions for a national emergency. It is a special feature mentioned only in the Indian Constitution. In an emergency, the powers go to the Central Government or President, depending on the situation. The powers of the state in such scenarios become null and void. 
6. Indian states cannot request the amendment of the Indian Constitution. However, in America, the states have equal power and can request to amend the Constitution.
7. An Indian President is elected by the members of Rajya Sabha and serves the office for 5 years. In America, people directly elect their President, who serves the office for 4 years. Presidents of the USA cannot be elected more than twice.
8. The state Governors in America are elected by the citizens of America themselves. However, Indian Governors get their power from the President.
9. The main difference in both Constitutions is that the judges take over criminal trials in India, and the judiciary is the supreme power. American trials are carried out by a special jury, in which the Government randomly chooses common people to give a decision.
10. The American Constitution is rigid, whereas the Constitution of India is flexible.

Conclusion

The Indian Constitution has picked the best features from various Constitutions across the world. It has taken its preamble from the US Constitution. India wrote its Constitution because it proved what Indian laws are all about. 

India took from America what it seemed fit for its people. The Indian Constitution stands on the pillars of Sovereignty, Secularism, Unity, Diversity. To maintain the decorum and peace of the country, India formed its Constitution, which was amendable and described the rights given to the people.

The Constitution kept in mind that no citizen of India feels unsafe, and every sector is given equal importance. It gave importance to labourers, women, and scheduled castes. The citizens’ voting rights are clearly defined, and the opposition in the Lok Sabha plays a vital role.