The Constitute Project; the US and India Constitutions
The United States and India are both governed based on written constitutions which are similar and different in various ways. As two of the world’s oldest democracies, the US has the shortest constitution while India has the longest constitution. On many occasions, the preamble of the Indian constitution is said to have been inspired by that of the US. Notably, they both start with the words ‘we the people.’ However, the US constitutional preamble depicts the country’s mission, vision, and culture with the main concentration on unity (Constitute). On the other hand, India’s preamble varies in its specificity and lengthy address and mentioning of the date the constitution was adopted and outlining the socialist nature of India. The preamble focuses on justice, liberty, and equality across all fraternities while the US preamble focuses on the common good and success of the whole nation (Constitute). Nonetheless, the two preambles show the nations’ intentions to design and implement outcomes previously negotiated in a social manner.
The judiciary and pertinent court systems in the US and India vary because of the nature of federalism in the two countries. The US is a dual federation and the court system is divided into two separate systems; the federal and state systems which are independent of each other. However, the judicial power of the US is vested in one Supreme Court and other inferior courts ordained and established by Congress (Constitute). The federal and state systems have separate sovereignty as provided by the constitution. On the other hand, India is a cooperative confederation with a single court system. The Supreme Court of India is the highest court followed by a high court for each state (Constitute). Unlike the US, the Supreme Court of India has jurisdiction over all courts thereby lacking the separate sovereignty element in the system.
The claim of suffrage is exercised fully in the US and India despite the use of different methodologies. Civic engagement in the US has a strained history as compared to India, accounting for the several constitutional amendments that have taken place (Krutz). The main emphasis in the constitution of India provides is that an adult may be disqualified from exercising the right to vote on grounds of non-residence, unsoundness of mind, or other provisions of the constitution or laws made by appropriate legislatures. On the other hand, the US constitution provides that the claim of adult suffrage cannot be impeded by the US or any state on grounds of race, color, or previous servitude (Constitute). Many constitutional amendments have been ratified to ensure that American citizens exercise their civil rights and duties without racial prejudice.
Although the constitution is a governing tool for both India and the US, the two constitutions diverge in the extent of their flexibility. The constitution of the United States is rigid to change while the constitution of India has been changed 103 times in the last 75 years. Although excess constitutional amendments can serve as a recipe for political instability, the impervious nature of the US constitution fails to address the growing and changing needs of the people. The US has made progress and the issues that affected the nation when the constitution was first written are evolving. Despite retaining the elements and provisions of the US constitution, the rigidity towards changing the constitution should be changed.
Works Cited
Constitute. “Constitute Project.” (2018).
Krutz, Glen S. American Government 2e. OpenStax, Rice University, 2019.