What is the difference between Indian Constitution and American Constitution?

Indian Constitution

1. Indian federation is not the result of an agreement between States.

2. There is only one citizenship for both the States and Union.

3. Each State sends M.P.s to the Parliament depending upon the population of the State.

4. There is no principle of quality between the states.

5. There are three Lists- Union List-(First List); State List (Second List); and Concurrent List – (Third List). The Parliament can legislate only the subjects of the State List and Concurrent List. The States are not sovereign. The Union can encroach upon State’s Lists.

6. No State can separate from Indian Territory.

7. The Parliament, i.e. Center has been residuary powers.

8. There is only one Constitution for Union and States.

9. India achieved uniformity in basic civil and criminal laws, except personal laws in some matters.

10. The Indian Union is an indestructible Union of destructible States. The area, identity of a state can be changed by Parliament. The States can be destructible. But the Union can not be changed. The Union is indestructible.

11. The Central Government has been the power to form a new State, to increase the area of any State, to diminish the area of any State; to alter the boundaries of any State; to alter the name of any State; and to form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a partnership the of any State(Article 3)

12. The word “Federal” is not at all used in our Constitution. Simply the framers described “Union”.

13. The Supreme Court has been given very wide powers, including appellate (Civil and criminal) jurisdiction.

14. No referendum is necessary. For the amendment of the Constitution, the people need not give their consent. It is sufficient to get the majority of M.P.s and in certain cases, the majority of the State legislatures.

American Constitution

1. American Federation is the result of an agreement between States.

2. There are dual citizenships- one Federal Citizenship- another State Citizenship.

3. Each State sends equal number of representatives to the Senate.

4. There is principle of equality between the States, irrespective of its population, extent etc.

5. There is a clear division of legislative powers among Federal and Units. The Union and as well as each Unit is sovereign in its sphere. The Union is sovereign in their respective State legislative fields. Strictly one can not trench upon the other’s area of power. Each is confined to its own sphere.

6. The State, if wants, can separate itself with the Federal, being the relation is based only the ‘Agreement ’.

7. The States have residuary powers.

8. There are two Constitutions-

9. There are different civil and criminal laws, differing from State to State.

10. Union is based only the agreement. Any State can separate at any time. When the States are separated, there will be no Union at all. Hence, it is called that the American Union is an indestructible Union of indestructible States.

11. The American Federal Government has been no such power.

12. The word “Federal” is used in the Constitution very often, and still now it is used very frequently.

13. The Supreme Court of American has not been given such type of appellate jurisdiction.

14. For the amendment of Federal Constitution, a referendum must be conducted. Amendment to the Constitution can be made only with the consent of the people.