American Constitution vs. Indian Constitution

Attribute	American Constitution	Indian Constitution
Year of Adoption	1787	1950
Length	7 articles, 27 amendments	22 parts, 395 articles, 12 schedules, 101 amendments
Amendment Process	Requires two-thirds majority in both houses of Congress and ratification by three-fourths of states	Requires two-thirds majority in both houses of Parliament and ratification by more than half of states
Separation of Powers	Executive, Legislative, Judicial branches	Executive, Legislative, Judicial branches
Fundamental Rights	Bill of Rights	Part III of the Constitution

Introduction

The American Constitution and the Indian Constitution are two of the most important documents in the world, laying the foundation for the governance of their respective countries. While both documents serve as the supreme law of the land, they have distinct attributes that set them apart. In this article, we will compare the key features of the American Constitution and the Indian Constitution.

Historical Background

The American Constitution was adopted in 1787, following the American Revolutionary War, which led to the independence of the United States from British rule. The Constitution was drafted by a group of delegates at the Constitutional Convention in Philadelphia, with the aim of creating a framework for a federal government. On the other hand, the Indian Constitution was adopted in 1949, after India gained independence from British colonial rule in 1947. The Indian Constitution was drafted by a Constituent Assembly, led by Dr. B.R. Ambedkar, and aimed to establish a democratic republic in India.

Structure and Preamble

The American Constitution is divided into a preamble and seven articles, outlining the structure of the federal government, the powers of each branch, and the rights of the citizens. The preamble of the American Constitution begins with the famous words, "We the People of the United States, in Order to form a more perfect Union..." On the other hand, the Indian Constitution is divided into a preamble and 22 parts, with 395 articles and 12 schedules. The preamble of the Indian Constitution begins with the words, "We, the people of India, having solemnly resolved to constitute India into a sovereign socialist secular democratic republic..."

Fundamental Rights and Directive Principles

Both the American Constitution and the Indian Constitution guarantee fundamental rights to their citizens. The American Constitution includes the Bill of Rights, which outlines the individual liberties and freedoms of the citizens, such as freedom of speech, religion, and assembly. Similarly, the Indian Constitution includes fundamental rights, such as the right to equality, freedom of speech, and right to life and personal liberty. In addition to fundamental rights, the Indian Constitution also includes Directive Principles of State Policy, which provide guidelines for the government to promote social justice and welfare of the people.

Federalism and Separation of Powers

The American Constitution establishes a federal system of government, with power divided between the federal government and the state governments. The Constitution also enshrines the principle of separation of powers, with three branches of government - the executive, legislative, and judicial - each having distinct powers and responsibilities. Similarly, the Indian Constitution also follows a federal system of government, with power divided between the central government and the state governments. The Constitution also includes the principle of separation of powers, with the executive, legislative, and judicial branches having separate functions.

Amendment Process

The American Constitution provides for an amendment process outlined in Article V, which requires a two-thirds majority vote in both houses of Congress or a constitutional convention called by two-thirds of the state legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the state legislatures or state conventions. On the other hand, the Indian Constitution provides for an amendment process outlined in Article 368, which requires a two-thirds majority vote in both houses of Parliament. Once an amendment is passed, it must be ratified by at least half of the state legislatures.

Judicial Review

One of the key features of the American Constitution is the principle of judicial review, which allows the Supreme Court to interpret the Constitution and strike down laws that are deemed unconstitutional. This power was established in the landmark case of Marbury v. Madison in 1803. Similarly, the Indian Constitution also provides for judicial review, allowing the Supreme Court to interpret the Constitution and review the constitutionality of laws. The power of judicial review in India was established in the case of Kesavananda Bharati v. State of Kerala in 1973.

Conclusion

In conclusion, the American Constitution and the Indian Constitution are two of the most important documents in the world, shaping the governance of their respective countries. While both documents share some similarities, such as guaranteeing fundamental rights and following a federal system of government, they also have distinct attributes that reflect the unique history and values of their nations. By comparing the key features of the American Constitution and the Indian Constitution, we gain a deeper understanding of the principles that guide these two democratic republics.