Comparison of Indian constitutional scheme with UK
India and the United Kingdom have distinct constitutional systems that have
evolved over time.
The constitutional systems of India and the United Kingdom, though both rooted in
a parliamentary democracy, exhibit striking differences in their historical
development, structure, and function. This comparison aims to examine and
contrast the key features and principles of these two constitutional systems,
highlighting their similarities and dissimilarities.
Features Indian Constitution UK Constitution
Lengthiest written Unwritten constitution:
constitution:
Nature of It is not codified in a
the constitution Constitution that is single document and is
included in a single instead based on
document and has been established customs,
meticulously and political practices, and
methodically written traditions.
down.
Citizenship The Constitution of India Dual citizenship (also
does not allow holding known as dual
Indian citizenship and nationality) is allowed
citizenship of a foreign in the UK.
country simultaneously. One can be a British
citizen and also a
citizen of other
countries.
Nature Federal character: Unitary character:
of federalism
India has a federal The British Parliament
system of government holds all governing
with a bias towards a powers and is the
unitary system. supreme authority.
Head of state The President is The British
the head of the state. Monarch is the head
The President of state of the UK and
is indirectly elected by a Commonwealth.
special electoral college. It is decided based on
The President has the descent, religion, and
power to appoint primogeniture.
the Council of The Monarch does not
Ministers and other key have the power to
government officials, as appoint or dismiss
well as to veto or send government officials,
back legislation for and does not have the
reconsideration. power to veto or send
back the legislation.
Prime Minister PM can be a member By convention, the PM
of either house will always be a
of Parliament. member of the lower
house.
Cabinet Indian cabinet system is UK has a shadow
based on the UK political cabinet system
system without a shadow composed of major
cabinet. opposition.
The purpose is to
examine the policies
and actions of the
government and
present alternative
policies.
Parliament The Constitution is Parliamentary
supreme in the case of sovereignty is the
India. principle of the UK
In India, the Constitution constitution. It makes
clearly defines and limits the Parliament, the
the power of Parliament, supreme legal authority
but within its scope, it in the UK.
holds supreme authority. In Britain, the
Parliament is the only
institution that holds
sovereign power and is
not limited by any
written constitution, as
there is no such
document in place.
Legislative branch The House of the The House of
People and Council of Commons and
States are the lower and The House of
upper houses, Lords are the lower
respectively. and the upper house,
respectively.
Office of speaker Office of the speaker is In the UK, there is a
similar to the British convention where once
model. However, some a speaker, always a
conventions that apply in speaker, once a person
the UK do not exist in is appointed as a
India. speaker, he gives
Specifically, the Speaker formal resignation
in India is not required to from his political
resign from their political party.
party. The purpose is to
maintain the political
neutrality of the office.
Ministerial Under the Indian In the UK, every order
responsibility constitution, there is no of the king for any
mention of the legal public act is
responsibility of the countersigned by a
minister. minister.
For every act of the
British government
performed in the name
of the king, it is the
minister who is
responsible to
Parliament.
Fundamental rights In India, the Constitution The UK does not have
guarantees a wide range a single document that
of fundamental rights to lays out fundamental
citizens, including right rights in the same
to equality, freedom of way.
speech and expression, However, the UK has
freedom of religion, right a Human Rights Act
to life and personal of 1998, which
liberty, right to incorporates the
education, and right to European Convention
property. on Human Rights into
Additionally, the Indian domestic law.
Constitution also This guarantees
includes Directive citizens certain rights,
Principles of State such as the right to life,
Policy, which are freedom from torture,
intended to guide the right to a fair trial,
government policy and freedom of expression,
ensure the welfare of the and freedom of
people. assembly.
Directive principles Directive principles of Absent in the
of state policies and state policies and constitution of UK.
Fundamental duties Fundamental duties are
mentioned under part IV
and IV-A of the
constitution respectively.
Rule of Law The Rule of law is based The constitution is the
on Britain's rule of law result of the rights of
with one difference. the individual.
In Indian system, the
constitution is the source
of the individual rights.
Amendment process Neither flexible nor rigid The British
but a synthesis of both. constitution is a
Article 368: The very flexible
Constitution can only be constitution. It can be
amended by introducing amended, partially or
a bill for the purpose in wholly, by an ordinary
the Parliament and not in law passed by the
the state legislatures. British Parliament.
Each House must pass In the UK, the
the bill separately. To Constitution is not a
amend the federal single document but a
provisions of the collection of laws,
Constitution, a bill must conventions, and
be approved by a simple practices.
majority in the legislature As a result, there is no
of at least half of the formal process for
states as well. amending the
Constitution.
Most of the
constitutional changes
in UK can be made by
ordinary Parliamentary
legislation.
Judiciary The fundamental Due to the sovereignty
framework of the Indian of Parliament, the
constitution is reliant on judiciary does not
judicial review. possess the inherent
In India, judicial laws are authority to invalidate
codified in the Indian an act of Parliament.
Penal Code (IPC) and The United Kingdom
the Code of Criminal does not have a single
Procedure (CrPC). unified legal system.
India has a single Instead, there is one
integrated judicial system for England and
system. Wales, another for
Supreme Court can strike Scotland, and a third
down the legislation. for Northern Ireland.
The Indian judicial Its highest court, unlike
system posses basic the supreme court of
structure doctrine. India, cannot strike
The judges are appointed down legislation, but it
by the President by can review the
warrant under his hand lawfulness of actions
and seal. of great public and
constitutional
importance converging
elements to ensure
natural justice.
The British judicial
system does not have
basic structure
doctrine.
The Constitutional
Reform Act 2005 has
prescribed a judicial
appointment
commission.
key points of convergence:
Writ petitions: Writs are a type of tool that is used to
provide remedies to aggrieved persons.
Rule of law: The Rule of Law is a comprehensive
theory upon which the supreme laws of the India, and
the UK are based. For the welfare of an equitable state,
every individual shall hold equal status in society and
shall be provided with their basic human rights.
Interpretation of constitution: The courts in India and
the UK function as the supreme authority for
interpreting their respective constitutions.
Independence of Judiciary: The removal of judges in
both India and Britain can take place for serious
misbehavior, and requires the approval of both Houses
of Parliament.
