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Salient Features of the French Constitution – UPSC Notes

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🇫🇷 Salient Features of the French Constitution – UPSC Notes

1. Background

  • The current French Constitution was adopted on October 4, 1958, establishing the Fifth Republic.

  • The Constitution declares that France is an indivisible, secular, democratic, and social Republic, ensuring equality before law without discrimination based on origin, race, or religion.

2. President of France

  • The President is directly elected by the people for a 5-year term.

  • The President acts as the protector of the nation’s sovereignty and territorial integrity.

  • The Prime Minister is appointed by the President.


3. Legislature: Bicameral Parliament

  • France follows a semi-presidential system with a unitary government.

  • The French Parliament consists of two houses:

    🔸 National Assembly:

    • Members are elected by direct voting.

    • Has more power than the Senate.

    • Maximum number of members: 577.

    🔸 Senate:

    • Members are elected by indirect voting.

    • Maximum strength is 348.

    • Cannot initiate or pass legislation like the National Assembly.

4. Organic Laws

  • These are special laws made in areas mentioned in the Constitution, like:

    • Presidential elections

    • Judicial matters

  • All regular laws made by Parliament must follow these Organic Laws.

5. High Council of Justice

  • Article 64 of the Constitution makes the President the guardian of judicial independence.

  • The High Council is divided into two parts:

    • One deals with judges.

    • The other handles public prosecutors.

6. Economic and Social Council

  • It is an advisory body created by the Constitution.

  • It gives suggestions on economic and social policies to the government.

7. Secularism (Laïcité)

  • The French version of secularism was shaped by the 1905 law separating Church and State.

  • The Constitution ensures that:

    • All religions are respected.

    • All citizens are equal before the law, regardless of their beliefs.

8. Amendment Process

  • The Constitution can be amended with 60% majority approval.

  • Both the President and Members of Parliament can propose amendments.

UPSC Mains PYQ 2022: Critically examine the procedures through which the Presidents of India and France are elected

Comparison table between the French Constitution and the Indian Constitution:

🇫🇷 France vs 🇮🇳 India – Constitution Comparison Table

Feature 🇫🇷 France 🇮🇳 India
Current Constitution Adopted in 1958 (Fifth Republic) Adopted in 1950
Type of Government Unitary, Semi-Presidential Republic Federal, Parliamentary Republic
Political System Multi-party, semi-presidential Multi-party, parliamentary democracy
Executive Head (Real) President + PM share power Prime Minister (real), President is formal
Election of President Direct election by people Indirect election by Electoral College
Legislature Bicameral (National Assembly + Senate) Bicameral (Lok Sabha + Rajya Sabha)
Judicial Independence Guaranteed (High Council of Judiciary) Independent Judiciary with Judicial Review
Secularism Strict separation of religion & State Equal treatment of all religions
Amendment Process Flexible, 60% approval needed Combination of rigid and flexible methods
Rights & Freedoms Equality, secularism, dignity, no discrimination Fundamental Rights are justiciable
Administrative Division Unitary – central control Federal – powers divided between Centre & States
Constitutional Supremacy Yes Yes


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