Comparison of Indian Constitution with Others

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Questions and Answers

What is the role of the President in the German Parliamentarian system?

  • Head of government with executive powers
  • Elected leader of the parliament
  • Chief advisor to the Chancellor
  • Ceremonial head with no significant powers (correct)

What is required to amend the German constitution?

  • Two-thirds majority in both the Bundestag and the Bundesrat (correct)
  • An agreement from all federal states
  • Approval from the President and Chancellor
  • Simple majority in the Bundestag

Which document guarantees the rights of individuals in Canada?

  • Indigenous Rights Act
  • British North American Act
  • Constitution Act
  • Canadian Charter of Rights and Freedoms (correct)

In the Canadian constitution, what is required for most amendments?

<p>Approval of both houses of Parliament and two-thirds of provinces representing at least 50% of the population (B)</p> Signup and view all the answers

What is the structure of the legislature in Canada?

<p>Bicameral legislature (A)</p> Signup and view all the answers

What is a distinguishing feature of the Indian constitution's approach to religion?

<p>Enforcement of uniform civil laws (B), Equal respect for all religions (D)</p> Signup and view all the answers

What unique characteristic does the French constitution possess regarding secularism?

<p>Religious symbols are banned in public institutions (C)</p> Signup and view all the answers

Which aspect of the German Basic Law emphasizes social justice?

<p>Integration of social rights into the constitution (C)</p> Signup and view all the answers

What was the primary goal behind the establishment of the French constitution?

<p>To create stability with a strong executive (A)</p> Signup and view all the answers

Which of the following describes the legislative process needed to amend the French constitution?

<p>Approval by both houses followed by a national referendum (A)</p> Signup and view all the answers

How does the role of religion in the Indian constitution differ from that of the US constitution?

<p>India allows state involvement for social justice (A)</p> Signup and view all the answers

In what way is the German Basic Law structured in terms of legislature?

<p>Bicameral legislature with Bundestag and Bundesrat (D)</p> Signup and view all the answers

What is the significance of the 'Declaration of Rights of Man and of the Citizen' in the context of the French constitution?

<p>It establishes the French constitution's relationship to human rights (D)</p> Signup and view all the answers

What is a key difference between the Indian and British parliamentary systems?

<p>India has a written constitution, while Britain has an unwritten constitution. (D)</p> Signup and view all the answers

Which of the following statements best describes the judiciary in India compared to that in the United States?

<p>US judiciary provides more extensive judicial review and due process. (B)</p> Signup and view all the answers

What feature contributes to the Indian Constitution being considered more rigid than that of the United States?

<p>Requirement of a supermajority for amendments. (B)</p> Signup and view all the answers

Which statement accurately reflects the role of Fundamental Rights in India compared to the Human Rights Act of 1998 in Britain?

<p>Fundamental Rights are broader than the Human Rights Act. (A)</p> Signup and view all the answers

How does the concept of parliamentary sovereignty differ between India and Britain?

<p>Indian law can be invalidated by the Supreme Court. (C)</p> Signup and view all the answers

Which characteristic is unique to the Indian Constitution compared to the US Constitution?

<p>Presence of an integrated judiciary. (A)</p> Signup and view all the answers

Which of the following statements about emergency provisions in the Indian Constitution is true?

<p>They are a constitutional provision. (B)</p> Signup and view all the answers

In what way is India’s approach to secularism distinct from that of the United States?

<p>India emphasizes Gandhian secularism. (B)</p> Signup and view all the answers

Flashcards

Parliamentary Sovereignty

A system of government where the legislature (Parliament) holds the supreme power, and the courts cannot invalidate laws passed by Parliament.

Constitutional Supremacy

A system of government where the constitution is the supreme law, and courts can review and strike down laws that violate the constitution.

Federal System

A system where power is divided between a central government and regional governments, with each level having its own areas of responsibility.

Unitary System

A system where power is concentrated in a central government, with limited power given to regional units.

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Fundamental Rights

A set of basic rights guaranteed to citizens by the constitution, protecting freedoms like speech, religion, and equality.

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Directive Principles of State Policy (DPSP)

A set of principles enshrined in the constitution that aim to promote social justice, economic equality, and welfare of citizens.

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Independence of Judiciary

A system where the judiciary is independent of the executive and legislative branches, ensuring fair and impartial justice.

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Rule of Law

A principle that states that the law applies equally to everyone, regardless of their status or position.

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What is the German Constitution known as?

It's the supreme law of the land, governing the structure and functions of the German government. It's hard to change, needing a supermajority vote for most amendments, and some parts are completely unamendable.

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How is Germany's government structured?

Germany has a parliamentarian system, meaning the head of government, the Chancellor, is chosen by the parliament (Bundestag). The President acts as a figurehead, similar to a monarch.

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What is the foundation of Canada's constitution?

Canada's constitution is based on its history as a British colony, featuring the British North America Act of 1867 and the Constitution Act of 1972. It's a federation, but the central government has more power compared to India.

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What is the Canadian Charter of Rights and Freedoms?

It guarantees fundamental rights, like freedom of speech and religion, for all Canadians. It was added to the constitution in 1982.

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How are amendments made to the Canadian constitution?

Similar to the German constitution, it requires a supermajority vote in both houses of Parliament and approval from a significant portion of the provinces. This ensures that major changes require broad consensus.

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French Secularism (Laïcité)

The principle of separation of state and religion, where the state is neutral and does not favor any religion. Religious symbols and influence are generally banned in public institutions.

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French Semi-Presidential System

A system where the President is elected directly by the people and has significant power, especially in foreign policy and national defense. The Prime Minister is responsible for domestic matters and is appointed by the President.

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Unitary State Structure

A type of constitution where the central government holds the most power and the regions have limited autonomy. This contrasts with a federal system where power is shared between the central government and the states.

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German Constitution (Basic Law)

A constitution that emphasizes fundamental rights, including social rights. The state is obligated to ensure social justice, economic security, and equal opportunities for all citizens.

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Bicameral Legislature

A type of legislature that consists of two chambers or houses. This allows for different perspectives and a more balanced process of lawmaking.

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Federal Court System

The highest court in a legal system, responsible for interpreting the constitution and ensuring that laws are consistent with it.

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Judicial Review of Legislation

The principle of allowing the judiciary to review legislation before it is formally enacted into law. This helps to prevent unconstitutional laws from being passed.

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Study Notes

Comparison of Indian Constitution with Other Constitutions

  • Indian Constitution is compared to British, US, Canadian, French, and German constitutions.
  • Comparisons are made across various aspects like:
    • Parliamentary system vs. constitutional supremacy
    • Parliamentary sovereignty vs popular sovereignty
    • Written vs. unwritten constitutions
    • Unitary vs. Federal systems
    • Judicial systems (integrated vs. separate)
    • Fundamental rights/Human rights
    • Bicameral/unicameral legislatures
    • Roles of the President/Prime Minister
    • Secularism approaches (India vs. US)
    • Constitutional provisions for emergencies
    • Amendment processes
    • Head of state
    • Legal rights of indigenous communities.

India and Britain

  • Both have parliamentary systems, but India has constitutional supremacy while Britain doesn't have this concept.
  • India emphasizes popular sovereignty while Britain has parliamentary sovereignty.
  • India has a written, rigid constitution, while Britain has an unwritten, flexible one.
  • India is a unitary state with a unitary bias, whereas Britain has a unitary system.
  • India has both procedure established by law and due process but Britain doesn't have a doctrine of basic structure
  • Judiciaries are similar but Britain has separate systems for England, Scotland, Wales, and Ireland.
  • Both countries have a rule of law and writ petitions.
  • Britain allows dual citizenship.

India and USA

  • India has a smaller Constitution compared to the US.
  • India's Bill of Rights are called Fundamental Rights, while the US has The Bill of Rights.
  • Political rights to citizens are different in each nation.
  • Indian constitution is more rigid.
  • Indian and US constitutions have different forms of government.

India vs USA

  • India has an integrated judiciary, whereas the US has a separate judiciary.
  • Indian judiciary is more powerful than the US judiciary
  • Scope of judicial activism is limited in the US judiciary
  • Emergency provisions are a constitutional provision in India.
  • India has a separation of state from religion (in the form of Gandhian secularism).

India and French Constitution

  • India's constitution is older (1950) than France's (1958).
  • India's constitution incorporates the Declaration of Rights of Man and of the Citizen.
  • India's constitution has a preamble and 92 articles, and is concise.
  • India's main aim is to create stability via a strong executive system which is elected by direct popular vote
  • France's constitution follows a strict version of secularism (laïcité).

India and German Constitution

  • The German Basic Law (adopted in 1949) is smaller than India's constitution (146 articles).
  • The German constitution has a bicameral legislature.
  • The German constitution has a strong focus on fundamental rights and ensured by the court system
  • Social rights are integrated into the German Constitution.
  • The German constitution has a parliamentary system (head of government is Chancellor).

India and Canadian Constitution

  • Both countries have colonial legacies.
  • The Canadian constitution leans towards a centre-less federal system.
  • The Canadian Charter of Rights and Freedoms ensures fundamental rights.
  • Canada has a parliamentary system where the Governor General represents the British monarch.
  • Canada has both a bicameral legislature and an integrated judiciary.

Discussion on Secularism

  • India's secular principles are explicitly mentioned in the preamble and articles, emphasizing equal respect for all religions.
  • The Indian state is involved in religious matters to ensure social justice.
  • India has different personal laws.
  • The US constitution implies secular principles through the first amendment, emphasizing strict separation from religion.
  • The US constitution focuses on freedom to practice religion but emphasizes uniformity in civil laws.

French Constitution

  • New French constitution is younger (1958) than the Indian Constitution (1950).
  • Incorporates the historical Declaration of Rights of Man and of the Citizen (1789).
  • French constitution has a concise structure with a preamble and 92 articles
  • Aims to create stability via a strong executive, elected by a direct popular vote.

German Constitution

  • German Basic Law (adopted in 1949) is shorter than the Indian Constitution.
  • German constitution has a focus on fundamental rights and ensures them through the court system.
  • Social rights are integrated into the German Constitution; the state has a duty to ensure social justice.

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