1Page TABLE OF CONTENTS CHAPTER 1- INTRODUCTION……………………………………………………….05-06 CHAPTER 2- INDIAN CONSTITUTION……………………………………………...07-09 CHAPTER 3- JAPANESE CONSTITUTION…………………………………………..10-11 CHAPTER 4- COMPARISON BETWEEN INDIAN AND JAPANESE CONSTITUTION………………………………………………………………………...12-13 CHAPTER 5- CONCLUSION…………………………………………………………..14 BIBLIOGRAPHY……………………………………………………………………….14 1 | Page are never written down. and virtually every other state with the exception of the UK and Israel. although an electoral system clearly forms part of a constitution in the small-c sense of the word. whether inter-state or civil.” In a far narrower sense. Professor King in his Hamlyn Lecture offered the following definition: “A constitution is the set of the most important rules that regulate the relations among the different parts of the government of a given country and also the relations between the different parts of the government and the people of the country. In other words. from a revolution. including a state’s electoral system. It also enables Professor King to emphasize an important point. or from the creation of a new state following unification or reunification. as does Australia. As he points out. although these constitutions overlap in some respects. it provides for the powers which they are to exercise. Professor King refers to these as ‘CapitalC constitutions’ as a means of distinguishing them from ‘small-c constitutions’ as described above. In its broadest sense. Thus it is clear that 2 | Page . It provides a clear explanation of the different contexts in which the word ‘constitution’ may be used. which. Canada.2 What is a constitution? Page Chapter 1: Introduction This is straightforward question admits of more than one answer depending upon the context in which the word ‘constitution’ is used. The ‘Capital-C/small-c constitution’ distinction identified by Professor King is an interesting one. he observes. a constitution amounts to the written statement of a state or country’s constitutional rules in a documentary or codified form. Thus the United States has a written constitution. from the grant of independence. To illustrate the point. that states nearly always have both a small-c and a Capital-C constitution and that. perhaps most importantly of all. Constitutional documents are usually the result of some major upheaval in a nation’s history. a constitution can be defined as being a body of rules which regulates the system of government within a state. It establishes the bodies and institutions which form part of that system. The impetus for the drafting of a constitution may come from a war. they never overlap completely. it determines how they are to interact and coexist with one another and. Professor King refers to several examples. written constitutions rarely provide for the means by which a government is elected. small-c constitutions may cover matters not included in the written constitution and vice versa. it is concerned with the relationship between government and the individual. Page 3 in states with a written constitution. therefore. it will be necessary to also look at the state’s small-c constitution. that constitution is likely to reflect only some of the constitutional arrangements of that state. To get the full picture. 3 | Page . There are Some Unique Features of Constitution of India. procedure of lawmaking. expression. They are:The Indian Constitution is said to be “framed by the People of India”. faith and worship. having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE. 2. EQUALITY of status and of opportunity. economic and political. 3. This Constituent Assembly is considered to be a representative body of people living in the country. 1935. IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November. The different parts of Indian Constitution adopted from other countries’ constitution are mentioned below: 1. ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. the Rule of law.4 The preamble of Indian Constitution says Page Chapter 2: Indian Constitution WE. The constitution has also taken many parts from the Government of India Act. procedure established by Law u/a 13. 1949. do HEREBY ADOPT. Irish Constitution: Directive principles of state policy. introduction of Speaker and his role. The Constituent Assembly formed for drafting the constitution of assembly was framed by the people belonging to all parts of the society. social. the concept of single citizenship. THE PEOPLE OF INDIA. United States Constitution: Federal structure of government. belief. power of Judicial Review and independence of the judiciary. British Constitution: Parliamentary form of government. The draft of the Indian Constitution has been derived from constitutions of other countries. and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation. LIBERTY of thought. documentation of 4 | Page . due process of law u/a 13. Malaysian Constitution: The concept of the Concurrent list Sovereignty of the people is unique feature of the Indian Constitution. there would be no discrimination on grounds of religion. The term “Sovereignty” connotes that the people of India are not subordinate to any other external authority. awareness of which should 5 | Page . Fundamentals Rights and Duties of the citizens of India is another unique feature of the Indian Constitution. Fundamental Rights were mentioned in the constitution at the time of its adoption in 1949. Weimar Constitution: Emergency Provision u/a 356 9. French Constitution: Ideals of Liberty. According to the Constitution. The term “Secular” implies that in the country. which was absent in the previous constitutions. During British era.commander of armed forces u/a 52. Power of the national legislature to make laws for implementing treaties 6. These principles and policies are included in the Chapter IV of the constitution. These rights cannot be enforced by the courts of law. Japan Constitution: Fundamental Duties u/a 51-A 8. but these are fundamental principles. The Constitution of India renders the republican form of polity in the country. Equality and Fraternity 7. The provision for Fundamental Duties was included through the Constitution (Forty Second Amendment) Act. the king was the Head of the State. where the central government plays prime role in governing the country. people of the country are the supreme authority. the idea of Residual Powers 5. the supreme power was in the hand of the British Parliament. The Indian Constitution also provides for a secular polity in India. Page 5 Fundamental Rights (similar to the United States Bill of Rights). There should be equal respect for all religions. The Indian Constitution has provision for the Directive Principles of State Policy. Canadian Constitution: A quasi-federal form of government. 1976. Earlier. President as supreme 4. Australian Constitution: Freedom of trade and commerce between different states of the country. The Indian Constitution has given recognition of Hindi as the official language of the country. 4. Unique Blend of Rigidity and Flexibility is another feature of the Indian Constitution. financial emergency and failure of constitutional machinery. 6 | Page . Earlier. English was the only official language of India. Apart from Hindi. There is the provision for federal form of polity in India in the Constitution of India. the Constitution has also recognized 17 other Indian languages as regional languages. so that authority of the legislative and executive branches are not misused. The Constitution can be amended for revising the laws mentioned in it. Indian Constitution is a comprehensive document including 395 Articles and twelve Schedules. all adult citizens of the country has right to vote. The Indian Constitution has provision for judicial review of the Acts of both the State Legislatures and the Union Legislature and the activities of the Union and State executives. There are provisions for national emergency. Other Features of the Indian Constitution The other features of the Indian Constitution are mentioned below: 1. The constitution has also made provision for some Independent Agencies to perform various functions assigned to them. The Constitution of India encourages affirmative action to be taken by the State to improve the conditions of the weaker sections of society.6 Page be there among people and the government. 3. Amendments to Constitution can be made through various procedures. In this provision. Provision for the universal adult franchise is another unique feature of Indian Constitution. The Indian Constitution has a provision of a full-fledged Parliamentary Democracy. 6. The Election Commission. There are emergency provisions made in the Indian Constitution. 5. 2. the Comptroller and Auditor General and the Union and State Public Service Commissions are three such agencies. and resolved that never again shall we be visited with the horrors of war through the action of government. the Japanese people. and rescripts in conflict herewith. We desire to occupy an honored place in an international society striving for the preservation of peace. the Japanese people. but that laws of political morality are universal. the authority for which is derived from the people. acting through our elected representatives in the National Diet. the powers of which are exercised by the representatives of the people. We recognize that all peoples of the world have the right to live in peace.7 Page Chapter 3 Japanese Constitution Preamble “We. Government is a sacred trust of the people. determined that we should secure for ourselves and our posterity the fruits of peaceful cooperation with all nations and the blessings of liberty all over this land. pledge our national honor to accomplish these high ideals and purposes with all our resources. This is a universal principle of mankind upon which this Constitution is founded. We. We. desire peace for all time and are deeply conscious of the high ideals controlling human relationship. and intolerance for all time from the earth. the Japanese people. and we have determined to preserve our security and existence.” 7 | Page . trusting in the justice and faith of the peace loving peoples of the world. and that obedience to such laws is incumbent upon all nations who would sustain their own sovereignty and justify their sovereign relationship with other nations. and the banishment of tyranny and slavery. and the benefits of which are enjoyed by the people. free from fear and want. We reject and revoke all constitutions. do proclaim that sovereign power resides with the people and do firmly establish this Constitution. ordinances. laws. oppression. We believe that no nation is responsible to itself alone. 8 | Page . These two houses are House of Representatives and House of Councilors. has added a unique characteristic to its administrative system. Liberal Democratic party. In Japan government the Judicial system is independent. The constitutional monarchy that Japan has as a part of its government. But this emperor of Japan participate in the government related issues when it needs a diplomatic move.8 Page Japan has a government that is guided by the rules and principles of a Constitutional Monarchy and a Parliamentary Government. In the cabinet.S constitution. In Japan there are forty seven administrative districts. the emperor acts as a person of observance or as an ceremonial figure. On the other had the constitutional monarchic system that Japan has as an integral part of its government. Otherwise. There is no jury system in the Japanese judicial system. there is Bill of Right that has certain affinity to the Bill of Right of the U. the Minister of Foreign Affairs. He is defined by the state as a representative of the state and also of the unity of the people. Japan has witnessed tremendous national growth during the rule of the Liberal Democratic Party. In Japan government the main administrative official body comprises of the Emperor who is the head of the state. Japan government is democratic and is ruled by the parliament. and the Permanent Representative to the UN. Japan parliament is known as Diet. has some features to it. Ambassador to the U. These are. Democratic Party of Japan. Diet again has two houses. in the government of Japan. there is the prime minister with others elected members from different states. According to it the constitution has curtailed much of the previous power of the Japan emperor so that he has no direct power in the Japan Government system.S. Japan Communist Party and Social Democratic Party. Together they administer the executive branch of the government. At the apex of the Judicial system there is the Supreme Court and there are some other courts also. In the constitution of Japan. the Prime Minister. There are five main political parties in the Diet. The government of Japan has the features and characteristic that a parliamentary government should possess. New Clean Government Party. They believe in peace and expect from other countries to be in peaceful relation with them always. Most of the rights given to citizens are similar in both constitutions. and shall be reviewed again at the first general election of members of the House of Representatives after a lapse of ten years. Both having parliamentary form of government. and in the same manner thereafter. In Japan the appointment of the judges of the Supreme Court shall be reviewed by the people at the first general election of members of the House of Representatives following their appointment. In both judicial bodies are independent. Here article 79 of Japanese constitution and article 124 of Indian constitution conflicts. The Prime minister represents the country at international level in India and the Prime Minister of Japan will act as a representative at same level. But the preamble of Japan says that their people believe in liberty and sovereign power lies with the countrymen. Both believe in equality. justice and equality at every level. 9 | Page . Preamble of India says that Indian people will get liberty.9 Page Chapter 4 Comparison Between Indian And Japanese Constitution If we compare both the constitution we will get some similarities and some dissimilarity between the constitutions. If we talk about judiciary in both the constitution supreme court is the supreme judicial body and both having chief justice. From Japan India took the Fundamental Rights concept and developed it according to its need in India. But the difference is the judges of Supreme Court of India are appointed by the president only after consulting Chief Justice and nothing as such happens in Japan. People will live in a democratic republic country and fraternity will ensures the unity of the country. justice and good consciences. be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate. However. In both the constitution members are elected and qualification is fixed by law. while a Proclamation of Emergency is in operation. the term shall be terminated before the full term is up in case the House of Representatives is dissolved. But with a slight of constitution. But according to article 45. The constitution of India and Japan is the Grund Norm or supreme law of their country according to article 1 and 98 of constitution respectively. In India the two houses are Council of States and House of People and in Japan the House of Representatives and House of Councilors. The term of office for half the members of the House of Councilors serving in the first term under this Constitution shall be three years. According to article 83 of Indian Constitution The Council of States shall not be subject to dissolution. 46 and 102 of Japanese Constitution The term of office of members of the House of Representatives shall be four years. but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law. shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as dissolution of the House: Provided that the said period may. Page difference in India president has the power to consult judges of Supreme Court under article 143 Both the constitution has two houses. 10 | P a g e . The term of office of members of the House of Councilors shall be six years.10 In both the constitution Supreme Court is the last resort of jurisdiction. unless sooner dissolved. and election for half the members shall take place every three years. The House of the People. Members falling under this category shall be determined in accordance with law. Bibliography www. India has adopted the fundamental duties from Japanese constitution and features which are similar in both the constitution are common not adopted because Indian constitution is made by assembling various other constitution.html Constitution of India.N.mxemb-japan.jp/sp/japon/constitution. V.com/government-of-india/constitution/features.11 Page Chapter 5 Conclusion Author has concluded that there are many similarities and dissimilarities in both the constitution.mapsofindia.P.go. Shukla www. Some of the features are unique in both the constitution.html Constitution of India. Singh 11 | P a g e . M.
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