🇬🇧 British Constitution vs 🇮🇳 Indian Constitution — Easy UPSC Notes
✅ 1. Written vs Unwritten Constitution
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British Constitution is unwritten or uncodified, meaning:
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There is no single written document called “The Constitution”.
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It is made of laws, customs, court judgments, and conventions built over time.
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Indian Constitution is written and codified:
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It is the longest written constitution in the world.
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It was adopted in 1950 and contains 448 articles (originally).
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📌 UPSC Point: UK has an "evolved constitution"; India has an "enacted" one.
✅ 2. Evolutionary vs Enacted Constitution
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British Constitution developed gradually over more than 1000 years.
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Indian Constitution was made by the Constituent Assembly in 2 years 11 months, but it allows evolution through amendments.
✅ 3. Flexible vs Rigid Constitution
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In the UK:
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Parliament can change the Constitution easily like any ordinary law.
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No special procedure needed.
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In India:
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Some parts need simple majority (easy).
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Some need special majority or ratification by states (difficult).
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📌 UPSC Extra: Indian Constitution = flexible + rigid (both features).
✅ 4. Unitary vs Federal Nature
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UK:
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Unitary system – Central government is supreme.
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Local governments work under the central control.
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India:
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Federal structure with unitary bias:
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Power is divided between Centre and States.
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But in emergency, Centre becomes more powerful.
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📌 UPSC Extra: India = "Quasi-federal" (Dr. B.R. Ambedkar's term).
✅ 5. Parliamentary Executive
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UK:
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King/Queen = Nominal head (ceremonial).
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Prime Minister = Real head (leader of majority party).
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India:
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Same structure:
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President = Nominal head.
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PM = Real head, with Council of Ministers.
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✅ 6. Sovereignty of Parliament
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UK Parliament is supreme:
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Can make or unmake any law.
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No court can question it.
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Indian Parliament is not supreme:
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Bound by Constitution.
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Judicial review by courts can strike down unconstitutional laws.
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📌 UPSC Extra:
India = Mix of UK’s Parliamentary Supremacy + USA’s Judicial Review.
✅ 7. Role of Conventions
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Conventions = Traditions followed in politics, not written in law.
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In UK:
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Queen gives assent to bills, but by tradition she never refuses.
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In India:
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Many powers of the Speaker, PM, and President are based on conventions, e.g., PM is always the leader of majority.
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📌 UPSC Point: Even in written constitutions, conventions fill the gaps.
✅ 8. Rule of Law
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UK gave this concept (A.V. Dicey):
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Everyone is equal before the law.
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No one can be punished unless they break a law.
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India follows Rule of Law through:
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Written Constitution
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Independent Judiciary
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Fundamental Rights
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📌 UPSC Extra: Rule of Law = Basic feature of Indian Constitution.
✅ 9. Independence of Judiciary
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UK Judiciary:
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Independent and impartial, but Parliament is supreme.
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Indian Judiciary:
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Completely independent from Executive and Legislature.
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Provisions like:
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Fixed tenure of judges
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Security of salary
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Power of contempt
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Judicial Review
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📌 UPSC Point: Independence of judiciary = part of Basic Structure Doctrine (Kesavananda Bharati case, 1973).
✍️ Summary Table: India vs UK Constitution
| Feature | United Kingdom | India |
|---|---|---|
| Type of Constitution | Unwritten & Uncodified | Written & Codified |
| Nature | Evolutionary (over 1000 years) | Enacted by Constituent Assembly |
| Amendment Process | Very Flexible | Both Flexible & Rigid |
| System | Unitary | Federal with Unitary Features |
| Parliamentary Form | Yes | Yes |
| Sovereignty | Parliament is Supreme | Constitution is Supreme |
| Judicial Review | Not allowed | Allowed |
| Role of Conventions | Very Important | Important (though limited) |
| Rule of Law | Yes (Dicey’s concept) | Yes (Constitutional principle) |
| Independence of Judiciary | Yes | Yes (Constitutionally protected) |
📝 UPSC Tips:
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This topic is important for GS-II (Polity) and Mains Paper.
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Useful for comparing Parliamentary vs Presidential system, Judicial Review, and Basic Structure.
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Can be used in essays and interview discussions.
