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USA Constitution vs Indian Constitution– Polity UPSC Notes

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Constitution of the United States of America vs Indian Constitution– UPSC Notes

1. Overview

  • Oldest Written Constitution: Adopted in 1787, it’s the world’s oldest written and working Constitution.

  • Begins with: “We the People” → shows that people are the ultimate authority (popular sovereignty).

2. Nature of Constitution

  • Rigid & Short:

    • Only 7 original Articles, with 27 amendments.

    • The last amendment was in 1992.

  • Indian Constitution is very detailed and flexible, with more than 100 amendments.

3. Federalism

  • US has “Coming Together” federalism:

    • 50 States voluntarily joined to form a stronger union.

    • Each state has equal powers in the Senate.

  • Indian model is “Holding Together”:

    • Strong Centre, weaker States (as per Dr. Ambedkar).

  • USA: Indestructible union of indestructible States.

  • India: Indestructible union of destructible States (Article 3 allows reorganization).

4. Form of Government

  • USA follows Presidential System:

    • President = Head of State + Head of Government.

    • Directly elected (through Electoral College).

  • India follows Parliamentary System:

    • President = Nominal head, real power with Prime Minister and Council of Ministers.

5. Election of President (USA)

  • Elected by Electoral College:

    • 538 total electors = 435 (House) + 100 (Senate) + 3 (D.C.)

    • To win: Need 270 or more votes.

  • Indirect election → people vote for electors, electors vote for President.

6. Qualifications for President (USA)

  • Must be:

    • Natural-born US citizen.

    • 35+ years old.

    • Resided in USA for 14 years.

7. Powers of US President

  • Executive: Head of military, appoints heads of agencies.

  • Legislative: Can veto laws, sign bills, call special sessions.

  • Treaties: Signs international treaties (Senate approval needed).

  • Pocket Veto: If President doesn't sign a bill within 10 days, it can become law automatically.

8. President of India vs USA

Point India USA
Election Indirect (electoral college, MPs + MLAs) Indirect (through electors)
Power Nominal Head Real Executive Head
Assent to Bills Can delay once Has veto, pocket veto

9. Impeachment of US President

  • Grounds: Treason, Bribery, High Crimes.

  • Process:

    • House of Representatives brings charges (like FIR).

    • Senate holds trial → needs 2/3rd majority to remove.

    • Chief Justice of US Supreme Court conducts the trial.

10. Vice-President (USA)

  • Elected with the President.

  • Becomes President in case of:

    • Death, resignation, or removal of President.

  • Role:

    • Presides over Senate.

    • Can break tie in Senate voting.

    • Oversees Presidential vote counting during elections.

11. US Legislature – Congress

  • Bicameral (like India):

    • Senate (Upper House) – 100 members (2 per state), 6-year term.

    • House of Representatives (Lower House) – 435 members, 2-year term.

  • More decentralized and powerful committee system than India.

12. Separation of Powers & Checks and Balances

  • Strict Separation:

    • No overlap between executive, legislature, and judiciary.

    • Example: A minister cannot be a Member of Congress.

  • Checks and Balances:

    • Prevents one organ from becoming too powerful.

    • Examples:

      • Judicial Review by courts.

      • Presidential Veto.

      • Senate approves judges and treaties.

13. Fundamental Rights

  • Added as the Bill of Rights (1791) – First 10 amendments.

  • Inspired Part III of Indian Constitution.

  • Indian rights are more detailed and enforceable by courts (Articles 12–35).

14. Legislative Powers

  • In India: Clear division (Union, State, Concurrent lists in Schedule 7).

  • In USA: No separate lists, but powers of Centre and States are well-practiced.

  • State Governments in the US handle:

    • Police, driving licenses, schools, etc.

15. Emergency & Suspension of Rights

  • US: No word “emergency” in Constitution, but Habeas Corpus can be suspended during rebellion.

  • India: Has 3 types of emergencies (Articles 352, 356, 360), where rights can be suspended.

16. Judiciary

  • US Supreme Court is powerful and independent.

  • Judges:

    • Appointed by President (with Senate approval).

    • Serve for life (“good behaviour”).

    • Can be removed by impeachment.

  • Role: Judicial Review is strong and well-respected.

17. Amendment of US Constitution

  • Very Rigid:

    • Needs 2/3rd of both Houses of Congress, plus approval by 3/4th of States.

    • Only 27 amendments in 200+ years!

  • Indian Constitution: Easier to amend (Article 368).

🔁 Comparison Chart: Indian vs US Constitution

Feature USA India
Type of Government Presidential Parliamentary
Head of State President (Real Executive) President (Nominal)
Federalism Coming Together Holding Together
Amendment Process Rigid Flexible + Rigid
Fundamental Rights Bill of Rights (10) Part III (12–35), detailed
Separation of Powers Strict Partial
Judiciary Independent, life tenure Independent, fixed tenure
Emergency Provisions Limited Detailed (3 types)

🇺🇸 AMERICAN PRESIDENT – EXPLAINED FOR UPSC

📌 PART 1: ELECTION OF THE PRESIDENT

🧠 What does the Constitution say?

  • The American Constitution provides for an indirect election of the President.

  • But due to political parties and conventions, in practical terms, it now feels more like a direct election (people campaign, debates are held, media is involved, etc.).

🗳️ How is the President actually elected?

  1. Electoral College System is used.

    • People don’t vote directly for the President.

    • Instead, they vote for Presidential Electors in each state.

    • These electors then vote to choose the President.

  2. Who are these electors?

    • Every state has a number of electors equal to:

      • Its Members in House of Representatives (based on population)
        +

      • Its Members in Senate (fixed: 2 per state)

  3. Example:

    • California has 52 Representatives + 2 Senators = 54 electoral votes

    • Texas has 38 total votes, etc.

  4. Total strength of electoral college = 538

    • 435 (House) + 100 (Senate) + 3 (District of Columbia)

  5. Majority needed to win = 270 votes

    • (269 is exactly half + 1 more = majority)

❓What happens if no one gets 270?

  • The House of Representatives selects the President from top 3 candidates.

  • This happened in 1800, 1824, 1876.

🚫 Can Congress members become electors?

  • ❌ No.

  • The electors are a temporary body formed only to elect the President.

  • After voting, the electoral college automatically dissolves.

📌 PART 2: QUALIFICATIONS, TERM, AND REMOVAL

✅ What are the basic eligibility rules?

The candidate must:

  1. Be a natural-born citizen (not naturalised).

  2. Be at least 35 years old.

  3. Have lived in the USA for 14 years (not necessarily continuously).

🕰️ What is the term?

  • 4 years per term.

  • Can be re-elected only once (Maximum: 2 terms or 10 years)

    • Why 10 years?

      • If a Vice President becomes President mid-term and serves 2+ years, that counts as one full term.

🔁 Example:

  • If someone became President in 2026 due to resignation and served till 2028, then won two more terms (2028–2036), total = 10 years.

❌ Can the President be removed before term ends?

Yes, through impeachment, for:

  • Treason

  • Bribery

  • High crimes and misdemeanours

✅ Process:

  1. House of Representatives begins the process → Majority vote

  2. Senate holds the trial → Presided over by Chief Justice

  3. Needs 2/3rd vote in Senate for removal

➡️ So far, no President has been removed, though there have been 5 impeachment attempts:

President Year Result
Andrew Johnson 1868 Not removed
Richard Nixon 1974 Resigned before vote
Bill Clinton 1998 Not removed
Donald Trump 2019 Not removed
Donald Trump 2021 Not removed

📌 PART 3: POWERS AND FUNCTIONS OF THE AMERICAN PRESIDENT

The U.S. President is often called the most powerful elected official in the world.

He gets powers from:

  • Constitution

  • Laws made by Congress

  • Court decisions

  • Political customs (conventions)

🛠 Executive Powers

  1. Enforces laws (passed by Congress), treaties, and court decisions

  2. Head of Armed Forces – Commander-in-Chief

  3. Appoints:

    • Supreme Court judges

    • Ambassadors

    • Heads of federal departments

  4. Controls foreign policy – meets other heads of state, signs treaties

🕊️ Judicial Powers

  1. Can pardon or reduce punishment for crimes against federal law
    (except impeachment)

🧾 Legislative Powers

  1. When a bill is passed by both houses, he can:

    Option What happens?
    ✅ Sign Becomes law
    ❌ Return (Veto) Congress can override it by 2/3rd vote in both houses → then becomes law
    🤐 Keep Silent If 10 days pass and Congress is in session → becomes law without his signature
    🕳️ Pocket Veto If Congress session ends before 10 days → bill dies automatically

  2. Sends messages to Congress suggesting new laws (like India’s Presidential address)

  3. Can call special sessions of Congress for urgent issues

  4. Prepares the national budget

📝 Administrative Powers

  1. Can issue Executive Orders (like rules for how govt. departments work)

  2. Can adjourn Congress if both houses disagree on the date

🎓 Summary for UPSC

Feature Description
Election Indirect, through Electoral College (270 needed to win)
Term 4 years, max 2 terms or 10 years
Removal Impeachment by House + trial by Senate
Veto Power Ordinary veto, Qualified veto (override possible), Pocket veto
Military Role Commander-in-Chief of Armed Forces
Foreign Affairs Makes treaties, appoints ambassadors
Appointments Supreme Court judges, department heads, diplomats
Budget & Legislation Sends proposals to Congress, prepares budget
Executive Orders Issues rules and directions to the federal departments

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