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24 Jul 2024
GS Paper 2
Polity & Governance
Day 15: Compare and contrast the Indian and British constitutions in terms of their structure, sources of law, and principles of governance. (150 words)
Approach
- Provide a brief introduction to the Indian and British constitutions.
- Compare and contrast the Indian and British constitutions in terms of their structure, sources of law, and principles of governance.
- Conclude Suitably.
Introduction
The Indian Constitution, adopted on January 26, 1950, is the longest written constitution in the world. In contrast, the British Constitution is unique, as it is not a single written document but an amalgamation of statutes, common law, conventions, and authoritative works. While the Indian and British constitutions share some historical links, they are fundamentally different in structure, sources of law, and principles of governance.
Body
Comparison of the Indian and British Constitutions:
Aspects Indian Constitution British Constitution Structure Written and Codified: The Indian Constitution is a single, written document that provides a comprehensive framework for governance and legal principles.
Length and Detail: It is one of the longest constitutions in the world, with detailed provisions covering various aspects of governance, rights, and duties.
Unwritten and Uncodified: The British Constitution is not a single written document but a combination of statutes, conventions, judicial decisions, and historical documents.
Flexibility: It is more flexible and evolves over time through legislative changes, judicial rulings, and historical practices.
Sources of Law Primary Sources: The primary source is the written Constitution itself.
Legislation: Includes laws passed by Parliament (statutes) and state legislatures.
Historical Documents: Includes important documents like the Magna Carta and the Bill of Rights.
Statutes: Laws passed by Parliament (e.g., the Human Rights Act 1998).
Judicial Precedents: Decisions by the Supreme Court and High Courts contribute to constitutional law through interpretation and judicial review.
Executive Orders: Issued by the President or state governors under the Constitution's authority
Common Law: Judicial decisions and precedents play a significant role in shaping constitutional principles.
Conventions: Established practices and customs that, while not legally binding, are followed as part of the constitutional framework.
Principles of Governance Federal Structure: India is a federal union with a division of powers between the central government and states. The Constitution delineates powers in the Union List, State List, and Concurrent List.
Parliamentary System: India has a parliamentary system of government where the executive (Prime Minister and Cabinet) is derived from the legislature and is accountable to it.
Fundamental Rights and Duties: Provides a detailed list of Fundamental Rights and Duties for citizens, including rights to equality, freedom, and protection against discrimination
Unitary Structure: The UK has a unitary system with centralized authority, though there is devolution to Scotland, Wales, and Northern Ireland with varying degrees of legislative power.
Constitutional Monarchy: The UK is a constitutional monarchy where the monarch's powers are largely ceremonial, and real political power is held by elected representatives.
Parliamentary Sovereignty: The UK operates under the principle of parliamentary sovereignty, meaning that Parliament can make or repeal any law, and there is no higher authority.
Conclusion
While both systems emphasize parliamentary democracy and accountability, the Indian model provides a more codified and explicit framework for governance compared to the UK's evolving and less formalized constitutional practices. Understanding these distinctions highlights the adaptability and evolution of constitutional principles in different democratic settings.
