The document compares codified and uncodified constitutions, focusing on the examples of the US and Indian constitutions. It highlights similarities such as written constitutions and the separation of powers, while also noting key differences in rigidity, government structure, and citizenship status. The document further discusses the historical context of each constitution and their implications for citizens' rights and judicial powers.

1. Codified Constitutions:
INDIA VS. USA
CODEY: LEON:

2. What are Codified and Uncodified
Constitutions?
A codified constitution is a single comprehensive document which specifies
the processes and legal definition of a government and courts. A codified
constitution is set above ordinary law, therefore requiring procedures such
as supermajorities and agreement in all branches of government to amend
them. This is the form of the US and Indian Constitutions.
An uncodified constitution is found in numerous sources and is not set above
ordinary law. This means standard law-making procedures can be used to
amend it, and the constitution can be open to interpretation. Examples of
sources are statute (ordinary) law and convention. The UK constitution is one
of the few examples of an uncodified constitution.

3. The
Provisions of
the US
Constitution:
The US constitution is contained within one document and sets
itself above ordinary law, therefore making it a codified
constitution. It establishes and defines a legislature, executive,
and judiciary as the three branches of government in a
separation of powers. This means there are checks and
balances, and compromise is required between branches to
implement policy and set laws. It also sets out the President as
the Head of State, meaning the US is Republican (it has no
monarchy). The government is representative and accountable
as there are regular elections of the legislature and President.
The constitution also defines the process to amend the
constitution and establishes the states.
The US Constitution establishes a democratic state with a limited
government to preserve the rights of citizens, and
that is safeguarded from supremacy by one branch or person.
Does it have Ultimate sovereignty? The US constitution has
ultimate sovereignty because it has supreme legal authority and
defines the powers of the state.

4. The six
principles of
the US
constitution:
• COMPROMISE
• REPUBLICAN
• CODIFIED
• SEPERATION OF POWERS
• REPRESENTABLE AND ACCOUNTABLE
• CHECKS AND BALANCES

5. India vs USA:
Being the largest democratic countries in the world, both United
States and India are based on federalism in their political structure.
US became a Federal Republic State by promulgating its constitution
in the year1789; whereas India became a Socialist, Sovereign, Secular,
Democratic Republic by formally launching its constitution only in the
year 1950.

6. Similarities in the Indian
and US Constitutions:
• Written constitution
• Bill of Rights and Fundamental Rights
• Supremacy of the Federal or Union Government
• Division of Labor and Separation of Powers
• Powers of Checks and Balances

7. Differences between the federalisms of US and
India:
• The Constitution of US is more rigid than the Indian Constitution.
• While US has the Presidential form of Government, India has the Parliamentary
form of Government
• Differences between the legislatures of US and India: In India, the lower house or
the Lok Sabha is more powerful and its members are directly elected by the
people and the members of the Upper house or Rajya Sabha are indirectly
elected every two years. The Lok Sabha members represent their constituencies
based on their population strength; In the US, the House of Representatives are
elected based on the population strength of a state, but irrespective of the size of
the state or its population, each state in the US has only two senate members,
totaling 100 members in all in the US. While the Lok Sabha or the lower house is
more powerful in India, the House of Senate or the upper house is more powerful
in the US. While a Senate member in the US is directly elected, a Rajya Sabha
member in India is indirectly elected by a system of proportional and transferable
voting system.
• Differences in the judicial system between US and India: While the US has an
advanced judicial system, India has a rapidly developing judicial system. India has
integrated judiciary with

8. Supreme Court been given very wide powers,
including appellate (Civil and criminal)
jurisdiction. The Supreme Court of
American has not been given such type of
appellate jurisdiction.
• India has single citizenship for Union and
state while in USA there is dual citizenship-
one Federal Citizenship- another State
Citizenship.
• In India Center has been residuary powers
while in USA States have residuary powers.

9. Revolution vs Last Resort:
From historical perspective, US constitution was made in
period of revolution, when rights given to people were
more important than maintaining “unity and security”
of the nation. While Indian constitution was made
during period of turmoil, religious dis-harmony and
communal violence, so rights given to people of India
were not at par US Bill of Rights.

10. US constitution, First Amendment prohibits the
making of any law respecting an establishment of
religion, making US secular nation. It also provides
Freedom of Speech without restrictions and freedom
to Press, right to assemble peacefully. Similarly, Indian
Constitution Provides Fundamental Rights – for
freedom to religion, Article 19 which provides
Freedom of expression and speech including freedom
of press.

11. In Contrast, Article 19 has certain enabling restriction which
are absent in US constitution.
The Fourth Amendment guards against unreasonable
seizures; it requires warrants having judicial sanction. It was
adopted as a response to the abuse of the writ of
assistance, which is a type of general search warrant, in the
American Revolution.
Indian Constitution, Article 22 (protection against arrest and
detention), it applies to all arrests made under any law
except in the cases of ―preventive detention. There is no
scope of preventive detention in US constitution.
India is only country to have “preventive detention” which
can be induced in connection with security and public
order. The provision of preventive detention is a necessary
evil.
Thus, Indian constitution provides Fundamental rights are
in prohibitive nature, while US constitution provides rights
in enabling nature.