How Are The US And The Indian Constitutions Different From Each Other?

The laws of two different countries are alike. This may be because of two reasons; one, because the lawmakers are different, and two because the countries are different. Every country comes with its own culture, language, resources, landscape, people, and thus its own problems. Thus, while the constitutions all around the globe do hold some similarities with one another, for instance, the laws are inspired by the laws in other constitutions, all constitutions are different from one another.

For instance, a few provisions and laws in the Indian constitution had been inspired by the US constitution. However, both constitutions are different from one another in many ways.

Let's delve into the differences between these two constitutions.

Differences between the Indian Constitution and the US Constitution

First things first, an important factor that talks a lot about a constitution is its rigidity or flexibility. On the one hand, the Indian Constitution is amendable. The amendability procedure of the Indian Constitution is neither too rigid nor too flexible. On the other hand, the American Constitution cannot be amended.

The second aspect that marks a robust difference between the two Constitutions is the federal nature of both countries. The Constitution of America is entirely federal, while the Constitution of India is quasi-federal in nature. This implies that the US Constitution cannot alter its form. However, the Indian Constitution can change its form if situations like that arise.

Who is the head of the state in both these countries? Well, this very question also differentiates the two constitutions. As per the constitutions of the United States, the President is the head of the State. On the other hand, in the case of India, this power is bestowed in the hands of the Prime Minister. In simple terms, in India, the Prime Minister is the head of the country.

Another important difference between the constitutions of the United States and India is citizenship. In the case of America, dual citizenship is followed in the Constitution. This means that the people are required to hold the citizenship of both the country and the state. However, this is not true in the case of India. The Constitution of India follows single citizenship. This means that an Indian citizen needs to hold only one citizenship which is that of the country, irrespective of the state that citizen resides in the country.

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Another interesting aspect that differentiates the two constitutions is the provision for national emergencies. The Indian Constitution comes with the special feature of national emergency, in which all the powers naturally go to the President or the Central Government in emergency-like situations. In such cases, the powers of the state become null and void. However, this case does not hold true in the case of the American Constitution. Yes, there is no provision for a national emergency in the Constitution of America.

The election of the President is also an important factor that differentiates the two constitutions. In the case of America, the people hold the power to directly elect the President. The President in the case of America serves the office for a tenure of 4 years, and they cannot be elected more than twice. However, in the case of India, the members of the Rajya Sabha elect the President. In India, the President serves for a tenure of 5 years.

Finally, what differentiates both constitutions is the fact while the Constitution of India is flexible in nature, the Constitution of America is rigid.

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In a nutshell

Some of the best features of the Indian Constitution have been inspired by the Constitution of America. For instance, the preamble to the Constitution of India is something that is inspired by that of the Constitution of America. Therefore, while there are a myriad of similarities between the Constitutions of both countries, there are some notable differences too. However, it is crucial to note that while analyzing these differences, picking up sides while comparing the two with one another would not be a very wise analytical judgment, as the differences work best for both countries. In simpler terms, what may be good or bad for one country may not be the same for the other, and vice versa.