COMPARISON OF THE INDIAN CONSTITUTION
The philosophical foundation of any constitution is reflective of the values, goals, and aspirations of its society. The Indian Constitution integrates the principles of sovereignty, secularism, and socialism, offering unique interpretations when compared to other countries such as the USA, France, and China.
Sovereignty refers to the ultimate authority and independence of a nation to govern itself without external interference.
|
Aspect |
India |
USA |
France |
China |
|
Type |
Popular Sovereignty |
Dual Sovereignty |
Unitary Sovereignty |
Absolute Sovereignty |
|
Explanation |
India is a "Sovereign" state, meaning it governs itself freely without external interference. |
Sovereignty is divided between the federal government and individual states. |
Strong central authority where sovereignty rests with the central government. |
Sovereignty is held exclusively by the Communist Party of China (CPC). |
|
Example |
India’s decision to remain non-aligned during the Cold War while balancing ties with the USA and USSR. |
States like California control education and policing, while federal laws oversee defence and foreign policy. |
Administrative divisions operate under strict control from Paris. |
Decisions regarding regions like Hong Kong and Xinjiang are made solely by the central government. |
|
Constitutional Basis |
Article 1: India is a "Union of States," indicating a federal structure with people’s sovereignty. |
Dual powers outlined in the US Constitution, defining state and federal roles. |
Rooted in France’s revolutionary history, emphasizing centralized sovereignty. |
Governance follows the centralized authority of the CPC, without division of powers. |
Secularism ensures the separation of religion from state policies, allowing individuals the freedom to practice, propagate, and profess their religion.
|
Aspect |
India |
USA |
France |
China |
|
Type |
Positive Secularism |
Wall of Separation |
Laïcité (Strict Secularism) |
State Atheism |
|
Explanation |
Promotes equal respect for all religions, with state intervention to ensure social reform and harmony. |
Strict separation of church and state, preventing religion from influencing governance. |
Prohibits the display of religious symbols in public spaces, ensuring absolute neutrality of the state. |
Claims religious freedom but enforces strict control over religious practices. |
|
Example |
Shah Bano Case (1985): The judiciary upheld constitutional principles over religious personal laws. |
The "Establishment Clause" in the First Amendment prevents government endorsement of any religion. |
2004 law banning hijabs and conspicuous religious symbols in public schools sparked international debate. |
Suppression of Uyghur Muslims and restrictions on Christian churches highlight state dominance. |
|
Constitutional Basis |
Articles 25–28: Freedom of religion is guaranteed while banning religious instruction in state-funded schools. |
Legal challenges, such as teaching creationism in public schools, uphold secular principles. |
Rooted in historical emphasis on neutrality, enforcing secular policies across public institutions. |
The state prioritizes atheism, tightly regulating religious practices and their influence. |