Indian Polity · UPSC Prelims

Comparison of the Constitutions

1 Part · 84 Concepts · 17 Flashcards · 2 Practice Questions

What to Study

1.World Constitutions

  • Origin and Written Character of the American ConstitutionImportance 3/5UPSC 2005
    When, where and after which event was the American Constitution framed, and when did it come into force? Understand why it is cited as the classic written constitution, and remember its parts (Preamble, Articles, Amendments).
  • Rigid Constitution: Amendment Procedure of the USAImportance 4/5
    Remember the two ways an amendment can be proposed and the two ways it can be ratified by three-fourths of the states. Who chooses the method of ratification? Understand why this makes the Constitution rigid, and what the small number of amendments so far shows. How does this compare with Article 368 in India?
  • Federal Constitution: Division of Powers and Residuary PowersImportance 5/5
    How are powers divided between the Federal Government and the states, and who holds the residuary powers? Remember the number of states (and how many there were at the start) and whether each state has its own constitution. Where do residuary powers lie in India?
  • Features of the American Presidential SystemImportance 5/5
    Learn the features of the presidential system: the President's dual role, fixed term and removal, and the place of the Cabinet and its responsibility. Can the President dissolve the House of Representatives? Be clear how this differs from India's parliamentary executive.
  • Separation of Powers (Articles I, II and III)Importance 4/5
    Which organ does each of the first three Articles give power to, and which kind of power is it? Understand how this shows separation of powers. How does it differ from India, where ministers are also members of the legislature?
  • Checks and Balances in the American SystemImportance 4/5
    Why do checks and balances follow from separation of powers? Understand their purpose. Remember the five examples that involve the President's veto, the Senate's confirmation role, Congress and the judiciary, the appointment of judges, and judicial review.
  • Supremacy of the Constitution and Judicial Review in the USAImportance 4/5
    What is meant by a 'hierarchy of laws' in the USA? Understand why the Constitution is the highest law, what the Supreme Court can do to a law that goes against it, and why the Court is called its custodian. How does India's judicial review compare?
  • Bill of Rights and Due Process of LawImportance 5/5UPSC 2023
    When and how was the Bill of Rights added to the Constitution? Understand the due process guarantee for life, liberty and property, and the Supreme Court's role in protecting these rights. How does due process differ from 'procedure established by law' in Article 21 of India?
  • Bicameralism: Senate and House of RepresentativesImportance 4/5UPSC 2005
    Learn the size, term and mode of election of each House. Why is the Senate regarded as the most powerful second chamber? How does the way states are represented in the Senate differ from the Rajya Sabha?
  • Mode of Election of the American President (Electoral College)Importance 3/5
    Is the election direct or indirect in law, and in practice? Understand how the electoral college is formed: who the electors are, how many each state has, the extra votes of the District of Columbia, the total and the number needed to win. Who decides if no one wins a majority?
  • Qualifications, Term and Removal of the American President (22nd Amendment, Impeachment)Importance 4/5
    Remember the three qualifications, the four-year term, the limit set by the 22nd Amendment and the date the term begins. Understand how impeachment works: which House impeaches, which House tries and removes, who presides, and the majority each needs. Which Presidents have been impeached, and was any removed? How does India's impeachment compare?
  • Famous Views on the American Presidency (Bryce, Munro, Ogg, Laski)Importance 3/5
    Who called the American presidency 'the greatest office in the world'? Who said the President wields the largest authority ever held by one man in a democracy, who called the President 'the greatest ruler of the world', and who said he is 'both more and less than a King'? Remember each writer.
  • Powers and Functions of the American PresidentImportance 3/5
    What are the four sources of the President's powers? Remember the main powers: enforcing laws, military command, appointments, foreign policy, pardon (and its limit), messages and special sessions, the budget, executive orders and adjournment of Congress.
  • Veto Powers of the American President (Qualified Veto and Pocket Veto)Importance 4/5
    What three options does the President have when a bill reaches him or her for assent? Understand how the qualified veto and the pocket veto work, including the ten-day period and the two-thirds majority of each House. Does a bill passed again by two-thirds need the President's signature? When exactly does a pocket veto arise? How do these compare with the Indian President's vetoes?
  • Background of the British ConstitutionImportance 2/5
    How did the United Kingdom take its present form? Understand the stages: England, Wales and Scotland; when Ireland was added; what happened after 1922; and when the present name was adopted. Why is the British system called the 'mother of Constitutions'? Which three elements does it blend?
  • Unwritten Constitution: An Evolved ConstitutionImportance 4/5
    Why is the British Constitution called unwritten and evolved? Does 'unwritten' mean that nothing is written? Understand how this differs from written and enacted constitutions. Which writer called it 'a blend of formal law, precedent and tradition'?
  • Conventions as a Source of the British ConstitutionImportance 4/5
    What are conventions, and why are they followed when courts do not enforce them? Who called them the 'unwritten maxims of the Constitution'? Remember the well-known conventions on the monarch's advice, appointing the Prime Minister, dissolution, royal assent and the Cabinet's responsibility.
  • Great Charters, Statutes, Common Law and Legal CommentariesImportance 3/5
    Remember the best-known Great Charters and statutes, with their years (note the exact names: Petition of Right; Representation of the People Act 1948). Understand common law as judge-made law and why it binds. Which writers produced the well-known legal commentaries, and what are their works?
  • Flexible ConstitutionImportance 3/5
    Why is the British Constitution flexible? Understand how it is amended and why there is no difference between constitutional law and ordinary law. How does this compare with the amendment procedure in India?
  • Unitary Constitution of BritainImportance 3/5
    Why is Britain a unitary state? Understand where power lies and what the position of local governments is. How do the devolved legislatures of Scotland, Wales and Northern Ireland fit with a unitary state and the sovereignty of Parliament?
  • Features of the British Parliamentary SystemImportance 5/5
    Learn the five features of parliamentary government in Britain: nominal and real executive, formation of the government, responsibility of ministers, dissolution, and ministers sitting in Parliament. How is India's parliamentary system linked to this model?
  • Sovereignty of ParliamentImportance 5/5
    What does sovereignty of Parliament mean? Understand its three implications: power over any law, no legal difference between constitutional and ordinary law, and the position of the courts. Can courts strike down an Act? What does a declaration of incompatibility under the Human Rights Act 1998 do, and not do? Who made the remark about what Parliament cannot do? How is India's Parliament different?
  • Rule of Law (Dicey's Three Implications)Importance 5/5
    Be clear what rule of law means. Remember who gave its three implications, and in which book and year. Understand each: absence of arbitrary power, equality before law, and the primacy of individual rights. Which of these fits India, and which does not?
  • Constitutional Monarchy and the Distinction Between the Crown and the KingImportance 3/5
    Why is Britain called a constitutional monarchy? What does it mean that the monarch reigns but does not rule? How does the Crown differ from the King, and what does 'the King is dead; long live the King' show?
  • Bicameralism: House of Lords and House of CommonsImportance 3/5
    What does each House represent, and how is each formed? Understand the present make-up of the Lords (hereditary membership ended in 2026) and how many elected members the Commons now has. Older figures, such as a mostly hereditary Lords, are outdated. Which House is more powerful? What is special about the age of each as a chamber?
  • Composition of the British CabinetImportance 2/5
    Know the core ministers who sit in the Cabinet, such as the Chancellor and the Foreign, Home and Defence Secretaries. The list changes with each government, and some older offices no longer exist. Do law officers such as the Attorney-General sit in the Cabinet, or do they only attend it?
  • Privy CouncilImportance 2/5
    What is the Privy Council, and when did it take its present form? What happened to its powers, and how is it linked to the Cabinet? Who presides over it?
  • Prime Ministerial Government (Primus Inter Pares)Importance 4/5
    What does 'primus inter pares' mean? Understand how the Prime Minister's position has changed over time, and why some analysts call the system 'Prime Ministerial Government'. Which writers gave this label?
  • Shadow CabinetImportance 4/5
    What is the Shadow Cabinet, who forms it and why? Understand how it works against the ruling Cabinet and why it is called an alternative cabinet. Remember Ivor Jennings's description of the Leader of the Opposition, and the Leader's status and pay.
  • Background of the Fifth Republic ConstitutionImportance 4/5
    How often has France changed its constitution since the Revolution? Remember the kinds of constitutions it has had. In which year did the Fifth Republic begin, under whose guidance, and with what aim?
  • Written Constitution: Motto and Declaration of the RepublicImportance 5/5
    Remember the original number of Articles and chapters. What is the motto of the Fifth Republic, and what four words describe the republic? Which of these ideas does India's Preamble also carry?
  • Chapters of the French Constitution (Preamble and Chapters I to XVII)Importance 2/5
    Learn the main subjects the chapters cover, such as the President, the Government, Parliament, the Constitutional Council, the Defender of Rights, the European Union and amendments.
  • Rigid Constitution: Amendment Routes and LimitsImportance 3/5
    What must Parliament do first with an amendment? What are the two ways of ratifying it that follow? Which feature of the state cannot be amended? How does this limit compare with India's basic structure?
  • Unitary Constitution of FranceImportance 2/5
    Why is France a unitary state? Understand how local bodies are created, and in what way France is more unitary than Britain.
  • Quasi-Presidential and Quasi-Parliamentary SystemImportance 5/5
    Which presidential and which parliamentary elements does France combine? Understand how the President is chosen, to whom the council of ministers is responsible, and whether ministers can sit in Parliament. How does this differ from the USA and from Britain and India?
  • Amendments Relating to the French PresidentImportance 4/5
    Remember the three changes made to the presidency: the mode of election, the length of the term and the number of terms allowed. What was the original position, what is it now, and in which year was each changed?
  • Bicameralism: National Assembly and SenateImportance 3/5
    Know the size, mode of election and term of the National Assembly and the Senate. Which House is more powerful?
  • Rationalised ParliamentImportance 3/5
    What is a rationalised Parliament? Understand on which subjects Parliament may make laws, how the government legislates on the rest, and why the Constitution restricts Parliament in this way.
  • Constitutional CouncilImportance 4/5
    Remember how many members the Constitutional Council has and for how long they serve. Do former Presidents sit on it as of right? Are its decisions binding? Understand when laws come before it (before promulgation, and since 2008 for laws already in force) and who may refer them. How does its role differ from judicial review in the USA and India?
  • Recognition of Political PartiesImportance 3/5
    How does the French Constitution treat political parties, and what must they respect? How does this differ from India, where the Constitution mentions parties only through the Tenth Schedule?
  • Mode of Election of the French PresidentImportance 4/5
    How was the President first elected, and how is the President elected now? Understand the majority needed to win, and how the second ballot works when no one wins in the first.
  • Tenure, Vacancy and Removal of the French PresidentImportance 3/5
    Remember the length of the term and the limit on re-election. Does the Constitution itself set qualifications such as a minimum age? Who acts if the office falls vacant, and which two powers can that person not use? What is the present ground for removal, and which body decides? Note that the older rule of impeachment for high treason before the High Court of Justice was replaced in 2007.
  • Powers and Functions of the French PresidentImportance 4/5
    Remember the President's main powers over ministers, the armed forces, treaties and appointments. Understand sending a law back for reconsideration, referendum on bills, and emergency powers. What limits apply to dissolving the National Assembly? How do these real powers compare with the Indian President?
  • Background of the Japanese Constitution (Meiji, MacArthur and Showa Constitutions)Importance 3/5
    What was the Meiji Constitution, and how long did it last? Why did Japan adopt a new constitution, in which year was it adopted, and when did it start working? Why is it called both the MacArthur and the Showa Constitution?
  • Written Constitution and Its ChaptersImportance 2/5
    Remember the number of Articles and chapters, and what the Preamble stresses. Which American and British features does it blend? Which chapters deal with the Emperor, the Diet, the Cabinet and the renunciation of war?
  • Rigid Constitution: Amendment Procedure of JapanImportance 3/5
    Learn the three steps of the amendment procedure: proposal, approval and promulgation. What majority does the Diet need? Has the Constitution been amended since it came into force?
  • Unitary Constitution of JapanImportance 2/5
    Why is Japan a unitary state? Understand the position of the provinces and what the Diet can do about their powers.
  • Parliamentary Government and How It Differs from BritainImportance 3/5
    Understand how the Prime Minister and ministers are chosen, appointed and removed, and to whom the Cabinet is responsible. How does Japan's system differ from Britain's in the Prime Minister's selection and in ministers' membership of the legislature? Is the difference in appointing and removing ministers one of formal power or of real power? Who in practice appoints and dismisses ministers in Britain?
  • Constitutional Monarchy: Position of the EmperorImportance 2/5
    Understand the Emperor's position under the Constitution, where sovereignty lies, why Cabinet advice is needed for the Emperor's acts, and what powers the Emperor has.
  • Supremacy of the Constitution and Judicial Review in JapanImportance 3/5
    Understand how the Constitution is supreme and what the Supreme Court can do with laws and acts that go against it. How does the basis of judicial review in Japan differ from that in the USA? Which part of India's Article 21 is linked to Japan?
  • Fundamental Rights in the Japanese ConstitutionImportance 2/5
    Remember which model the rights follow, how they are described, and which Articles deal with them. Learn the broad categories of rights, such as equality, freedom, property, economic and cultural rights.
  • Renunciation of WarImportance 4/5
    What does the Constitution renounce, and what does it prohibit? Why did General MacArthur have this provision inserted? How does Japan still keep defence forces, and under what name? How was Article 9 reinterpreted in 2014 without being amended?
  • Bicameralism: The DietImportance 2/5
    What are the two Houses of the Diet, and for how long are their members elected? Which House has more power, especially in financial matters? What is the Diet's constitutional standing? The seat numbers of both Houses have changed over time.
  • Background of the Soviet ConstitutionImportance 3/5
    Remember the revolution that led to the USSR and its leader, and how the USSR ended. Why is the Soviet Constitution called the world's first socialist constitution? Learn the years of the four Soviet constitutions and the leaders linked to the last two. Note that the 1918 constitution was that of the Russian republic, before the Union was formed.
  • Written and Rigid Character of the 1977 ConstitutionImportance 1/5
    Who headed the committee that drafted the 1977 Constitution? What majority was needed to amend it, and which body could do so?
  • Socialist ConstitutionImportance 2/5
    How did the Constitution describe the Soviet state? Understand the form of ownership on which the economy was based.
  • Federal Constitution of the Soviet Union: Union RepublicsImportance 3/5
    How many Union Republics were there, and who held the residuary powers? What right did the republics have? Why was the USSR called a 'federation of federations'? Does an Indian state have such a right?
  • Parliamentary Government and the Bicameral Supreme SovietImportance 2/5
    To whom was the Council of Ministers responsible? Remember the two Houses of the Supreme Soviet, what each represented, and how their powers compared.
  • Presidium: The Collegial ExecutiveImportance 2/5
    What was the Presidium, and who elected it? Why is it called a collective presidency? Remember the different names used for it, and the mix of functions it combined.
  • One-Party Dictatorship and Democratic CentralismImportance 3/5
    What role did the Constitution give to the Communist Party of the Soviet Union? Understand democratic centralism: how bodies were elected, to whom they were accountable, and how lower bodies were bound by higher ones.
  • Fundamental Rights in the Soviet ConstitutionImportance 2/5
    How were the rights described, and why? Understand the limit on using them. Remember the economic rights that stand out, such as work, rest and housing.
  • Fundamental Duties in the Soviet ConstitutionImportance 4/5
    Why did the Constitution link rights with duties? Remember the main duties. Which duties in India's Article 51A are similar to this list?
  • Background and Adoption of the 1993 Russian ConstitutionImportance 2/5
    How large was Russia's share of the USSR's area and population? Remember when the USSR was dissolved. How was the new constitution adopted, and on what date? Note that 20 December 1993 is sometimes given, but it is not the date of adoption.
  • Federal Structure, Democratic Order and the Federal AssemblyImportance 2/5
    How does the Constitution break from the totalitarian system? Understand its liberal-democratic order, multi-party system and separation of powers. What kinds of units make up the federation? What are the two Houses of the Federal Assembly? The number of units, the make-up of the Federation Council and the Duma's term have changed since 1993, so older figures are outdated.
  • President, Government, Constitutional Court and Impeachment in RussiaImportance 2/5
    Understand the President's position as head of State and of the executive. What are the President's term and term limit now, and what did the 2020 amendments change? What is the State Duma's role in appointing the Prime Minister and ministers? What does the constitutional court decide, and on what charges and by what majority can the President be impeached? Older figures for terms and court size are outdated.
  • Background and Adoption of the 1982 Chinese ConstitutionImportance 2/5
    When and under whose leadership was the People's Republic formed? Remember the years of China's four constitutions. How was the 1982 Constitution drafted, discussed and adopted?
  • Written and Rigid Constitution of ChinaImportance 1/5
    Remember the original number of Articles and chapters. Who may propose an amendment, and what majority is needed to pass it?
  • Socialist Constitution (Socialism with Chinese Characteristics)Importance 3/5
    How does the Constitution define China as a socialist state? Understand the 'people's democratic dictatorship', the classes it rests on, and the defining feature of socialism with Chinese characteristics. What does it prohibit regarding the socialist system?
  • Unitary Constitution of ChinaImportance 2/5
    Why is China a unitary state and not a federal one? Understand how the provinces get their authority.
  • Parliamentary Government: State Council, Premier and PresidentImportance 3/5
    To whom is the State Council responsible? Understand how the Premier and the President are chosen, and the President's term and eligibility age. What did the 2018 amendment change about the limit on the President's terms? How does the real standing of China's President and Premier differ from that of the American President and the Indian Prime Minister?
  • Unicameralism: The National People's CongressImportance 3/5
    Be clear about the constitutional status of the National People's Congress as China's single legislative chamber. Learn who elects its deputies, its approximate size, its term and its permanent organ, the Standing Committee.
  • Communist Party Leadership and Democratic CentralismImportance 3/5
    How does the Constitution combine a multi-party system with the leadership of the Communist Party of China? Which Article states this leadership? Understand how democratic centralism works among state institutions.
  • Fundamental Rights in the Chinese ConstitutionImportance 2/5
    What limit applies to the enjoyment of rights? Remember the distinctive rights, such as the right to criticise and the protection of Chinese nationals living abroad.
  • Fundamental Duties in the Chinese ConstitutionImportance 2/5
    Remember the main duties of citizens, including military service, paying taxes and family planning. How do these differ from the duties in Article 51A of India?
  • Background and Adoption of the Swiss ConstitutionImportance 1/5
    Remember the years of Switzerland's three constitutions. Which one set up the federal state? How was the present one approved, and when did it come into force?
  • Written Constitution and Its TitlesImportance 1/5
    Remember the original number of Articles and titles. What subjects do the main titles cover?
  • Rigid Constitution: Total and Partial RevisionImportance 2/5
    Who can propose a total revision, and who can propose a partial one? Understand the principles a partial revision must respect. Who must approve a revised constitution for it to come into force?
  • Federal Constitution: Cantons, Full Cantons and Half CantonsImportance 2/5
    How many cantons are there, and who holds the residuary powers? How do full cantons differ from half cantons in representation and in voting on constitutional revision?
  • Council Model of Government (Federal Council)Importance 4/5
    Remember the Federal Council's size, election and term, and the term of its President. Understand its collective and departmental roles, and the President's position. Why is it neither parliamentary nor presidential? Can the Assembly remove its members?
  • Bicameralism: Council of States and National CouncilImportance 3/5
    How are cantons represented in the Council of States, and who decides how its members are elected? Remember the National Council's size, mode of election and term. Understand the equal powers of both Houses. How does this differ from the Rajya Sabha and Lok Sabha?
  • Direct Democracy: Referendum and InitiativeImportance 4/5
    What are the two devices of direct democracy? Understand mandatory and optional referendums, what each covers, and how an optional referendum is triggered. For which kind of change does the federal initiative apply, and how many voters can propose it?
  • Triple CitizenshipImportance 3/5
    What are the three levels of citizenship in Switzerland? Understand how each level depends on the one below it. How does this differ from India's single citizenship?
  • Fundamental Rights in the Swiss ConstitutionImportance 1/5
    Be clear about the main kinds of rights, and a distinctive one such as the freedom to use any language.
  • Social Goals of the GovernmentImportance 3/5
    Know the main social goals the governments must work towards. Do they give citizens a direct right to state benefits? How do they parallel the Directive Principles in India?

Flashcards

Try to recall the answer before you open each card.

1.When and how was the Bill of Rights added to the American Constitution?
In 1791, through the first ten amendments. It guarantees that no person is deprived of life, liberty and property without due process of law.
2.What is the total strength of the electoral college that elects the American President, and how many votes does a candidate need to win?
538 (435 + 100 + 3 for the District of Columbia); a candidate needs 270 votes.
3.What limit did the 22nd Amendment (1951) place on the American President?
No person can be elected President more than twice; the maximum total term is ten years.
4.In the impeachment of an American President, which House tries the case, who presides over the trial, and what majority is needed?
The Senate tries it, presided over by the Chief Justice of the Supreme Court, and needs a two-thirds majority.
5.Who described the conventions of the British Constitution as the 'unwritten maxims of the Constitution'?
J.S. Mill. Conventions are not enforced by courts but are followed because of tradition and public opinion.
6.In which book did A.V. Dicey set out the three implications of the rule of law, and what are they?
*The Law of the Constitution* (1885): absence of arbitrary power, equality before the law, and the primacy of the rights of the individual.
7.Who said, 'The British Parliament can do everything except make a woman a man and a man a woman'?
De Lolme, to describe the sovereignty of Parliament in Britain.
8.Who described the Leader of the Opposition in Britain as the 'alternative' Prime Minister?
Ivor Jennings. The Leader of the Opposition heads the Shadow Cabinet and has the status of a Minister.
9.In which year did the Constitution of the Fifth French Republic come into force, and under whose instructions was it prepared?
1958, under the instructions of General de Gaulle, to give France a strong and stable government.
10.What motto does the Constitution of the Fifth French Republic declare, and how does it describe France?
Motto: 'Liberty, Equality and Fraternity'. France is an 'indivisible, secular, democratic and social republic'.
11.In which years was the French Constitution amended to make the President directly elected, to cut the term to five years, and to limit the President to two consecutive terms?
Direct election 1962; five-year term 2000; two consecutive terms 2008.
12.Which feature of the French state is placed beyond amendment by the Constitution of the Fifth Republic?
The republican form of government, so there is no place for monarchy.
13.Why is Japan's present Constitution called the Showa Constitution, and what does 'Showa' mean?
Showa is the title of the reign of Emperor Hirohito; it means 'Radiant Peace'. The Constitution is also called the MacArthur Constitution.
14.Why was the USSR called a 'Federation of Federations'?
Several of its 15 Union Republics had autonomous republics, regions and areas within them, so the Union Republics were treated as sub-federations inside the Soviet Federation.
15.What are the two Houses of Russia's Federal Assembly under the Constitution of 1993?
The Federation Council (upper House) and the State Duma (lower House).
16.Which body adopted China's present (1982) Constitution, and on what date was it promulgated?
The National People's Congress (NPC); promulgated on 4 December 1982.
17.At the federal level in Switzerland, for what alone is the device of popular initiative allowed, and how many voters can propose it?
Only for constitutional amendments (not federal laws or treaties); any 1,00,000 voters can propose a total or partial revision.

Practice Questions

UPSC Previous Year Questions

2 Questions
  1. 1.
    UPSC 2005
    Consider the following statements:
    1. The Constitution of the United States of America came into force in the year 1810.
    2. All revenue bills must originate in the House of Representatives of the US Congress.
    3. George W. Bush is the only President in the history of the United States of America whose father was also the President of the United States of America.
    Which of the statements given above is/are correct?
    1. A1 only
    2. B2 only
    3. C1 and 2
    4. D2 and 3
  2. 2.
    UPSC 2023
    In essence, what does 'Due Process of Law' mean?
    1. AThe principle of natural justice
    2. BThe procedure established by law
    3. CFair application of law
    4. DEquality before law
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