Q.12 India and the USA are two large democracies. Examine the basic tenets on which the two political systems are based. GS-II: POLITY (UPSC CSE 2018)

Answer.

INTRODUCTION:

The United States operates under the U.S. Constitution, adopted in 1787, the oldest written national constitution still in use. It emphasizes the protection of individual liberties through the Bill of Rights, the first ten amendments guaranteeing fundamental rights such as freedom of speech, religion, and assembly.

BODY:

The Constitution of India enshrines a comprehensive list of Fundamental Rights, including equality before the law, freedom of speech, and protection against discrimination, like the U.S. Bill of Rights.

UNITED STATES: PRESIDENTIAL FEDERAL REPUBLIC

Separation of Powers: The U.S. political system is characterized by a strict separation of powers among the Executive (President), Legislative (Congress), and Judicial (Supreme Court) branches.

Bicameral Legislature: The U.S. Congress consists of two houses—the Senate and the House of Representatives. The Senate represents the states equally, with each state having two senators, while the House represents the population proportionally.

Presidential System: The President serves as both the head of state and the head of government, elected independently of the legislature through the Electoral College. This separation ensures a distinct executive leadership separate from the legislative branch.

Dual Federalism: The U.S. practices dual federalism, where the powers of the federal and state governments are delineated and largely independent. The Constitution enumerates specific powers to the federal government, with all remaining powers reserved to the states.

Independent Judiciary: The U.S. Supreme Court has significant power to interpret the Constitution and can invalidate laws and executive actions that violate constitutional provisions through judicial review.

Due process of law: The U.S. Constitution explicitly mentions due process, serving as a fundamental safeguard against governmental abuse.

Two-Party Dominance: The U.S. political landscape is predominantly shaped by two major parties—the Democrats and Republicans—limiting the scope for smaller parties to gain significant power.

INDIA: PARLIAMENTARY FEDERAL REPUBLIC

Fusion of Powers: Unlike the U.S. separation of powers, India’s system features a fusion between the executive and legislative branches. The Prime Minister and the Council of Ministers are legislature members and must maintain the confidence of the majority in the Lok Sabha.

Bicameral Legislature: India’s Parliament comprises the Rajya Sabha (Council of States) and the Lok Sabha. The Rajya Sabha represents the states and union territories, while the people directly elect the Lok Sabha based on population.

Parliamentary System: India follows a parliamentary system in which the executive branch derives its legitimacy from the legislature. As the head of government, the Prime Minister is typically the leader of the majority party in the Lok Sabha (House of the People) and is accountable to the Parliament.

Cooperative Federalism: India employs cooperative federalism, characterized by a collaborative relationship between the central and state governments. The Constitution delineates subjects into the Union, State, and Concurrent lists, with overlapping jurisdictions requiring coordination and cooperation.

Independent but Integrated Judiciary: The Supreme Court of India is the apex judicial body with the authority to review laws and executive actions for constitutionality. Additionally, High Courts exist at the state level, and a hierarchical system ensures access to justice.

Procedure established by law: Article 21 states, “No person shall be deprived of his life or personal liberty except according to procedure established by law.” Although the term “due process” is not explicitly mentioned, the Supreme Court of India has interpreted Article 21 to encompass various elements of due process, integrating principles such as fairness, reasonableness, and  justice into the legal framework.

Multi-Party Diversity: India’s political system accommodates various parties representing various regional, linguistic, caste-based, and ideological groups, fostering a more pluralistic and inclusive political environment.

CONCLUSION:

The United States emphasizes a clear separation of powers, a presidential system, and a two-party framework, fostering a stable yet sometimes rigid governance structure. In contrast, India’s parliamentary system, cooperative federalism, and multi-party diversity allow for a more flexible and inclusive approach to governance, albeit with challenges in maintaining unity amidst diversity.