Comparison among constitutions

Parameter

Indian constitution

US Constitution

Structure of Government

Parliamentary form of government where the Prime Minister is the head of the government while the President is the head of the state.

Presidential form of government in which the electorate chooses the head of the state

Nature of federalism

India is an indestructible union of destructible states thus showing some unitary bias. Presence of asymmetric federalism.

Federalism is more substantive with states having their own constitution. Federalism is symmetric in nature.

Citizenship

Single citizenship

Dual citizenship - citizen of the USA and citizen of a state.

Office of Vice President

May hold the President's office only till the new President takes charge.

May become the President when there is a vacancy in the office of President

Fundamental rights

The principle of Procedure established by law is followed.

The procedure of Due process of the law is followed.

Judiciary

Collegium to appoint the judges.

Judges are appointed by the President and confirmed by the Senate.

Separation of power

The powers of the three organs have some interdependence to ensure balance.

Strict separation of power is followed.

Amendment of the Constitution

Only Parliament has the power to initiate an amendment

There is a provision where amendment proposals are made by the states and are ratified by the states.

Parameter

Indian Constitution

UK Constitution

Nature of constitution

The constitution is well codified into various parts and schedules

No formally written constitution

Amendment of the constitution.

A mix of rigid and flexible mechanisms with Parliament having more powers in bringing forth an amendment.

Flexible in nature with no distinction between constitutional legislation and ordinary law.

Nature of state

Federal system where power is shared between national and state governments.

Parliament is the sovereign body that has all governmental power.

Head of state

An elected head has some discretionary powers but acts according to the advice of the council of ministers in majority scenarios.

The hereditary office which has no discretionary authority, is often referred to as Golden Zero.

Judicial control over the legislature.

The judiciary has the power to judicial review the actions of the state and protect the basic structure doctrine.

The power of the judiciary is limited in identifying the legitimacy of laws.

Prime Minister

Can be a member of either of the two houses.

Customary for the Prime Minister to be a member of the House of Commons

Speaker

Not necessary for the speaker to resign from his party.

Once a speaker, always a speaker. The person must resign from his political party.

Parameter

Indian Constitution

French Constitution

Nature of government

Parliamentary form of government which follows federalism

A semi-presidential and unitary form of government.

Law-making power

Parliament and the state legislature have separate law-making powers with subjects delineated by the constitution

The Parliament has powers to legislate on some subjects while the President makes laws for the rest.

Amendment

A mix of rigidity and flexibility with Parliament having more powers.

Both houses to pass a resolution with ⅗ majority. The President may opt for a referendum.

Presidential election

Use of proportional representation by single transferable vote.

Require an absolute majority and hence follow a second ballot system

Prime minister

Real head of the government

Act as an advisor to the President with a concept of cohabitation.

Secularism

A positive version of secularism where the state promotes every religion equally

The rigid separation between religion and state. Prohibits any visible religious symbols in public spaces.