French Constitution and the Indian Constitution

France, also known as a Laboratory of Political Experiments, has a unitary government. In France, both the Presidential System and the Parliamentary System of government exist. Usually, semi-presidential governments rule in France.

Features of the French Constitution

• The Parliament of France does not have the supreme power with regard to formulating laws
• The legislature can only make laws based on a list, while the President takes care of every other matter
• The French Constitution is the only democratic Constitution based on the principle of the Supremacy of the Executive
• France is always politically unstable
• Therefore, the 5th Republic Constitution has a strong President
• The term of this President is fixed for five years
• Also, the French President has several powers

French Constitution and Indian Constitution: Comparison

1. Both France and India have a written constitution. The Constitution of France is often changed because of instability. The current French Constitution is the 5th Constitution of France.
2. In both French and Indian constitutions, it has been mentioned that governments elected heads during their respective terms.
3. The amendments can be made with a 60% majority under the provisions of both the French and Indian Constitutions.
4. France and India are republic nations with elected Heads of State.
5. Both French and Indian constitutions have provisions for imposing emergency power.

Borrowed Features

The Indian Constitution has borrowed ideas of equality, liberty, and fraternity from the French Constitution.

French Constitution of 1791

The National Assembly created the French Constitution of 1791 during the French Revolution. The monarchy was retained in the French Constitution, whereas sovereignty effectively formed part of the Legislative Assembly. Through a system of indirect voting, this Legislative Assembly was elected. Only ‘active’ citizens, who paid the minimum sum of taxes, were considered eligible to be part of the voting franchise. Also, around two or three percent of adult men got the opportunity to vote in the elections and received the right to select a few local officials directly. The French Constitution of 1791 lasted less than a year.

Constitutional Rights Mentioned in French Constitution

• The Declaration of Rights of Man and Citizen was mentioned at the beginning of the French Constitution of 1791
• A few natural rights, such as the right to freedom of speech, right to life, right to equality before the law, and freedom of opinion, were outlined in the French Constitution
• No man and citizen can be arrested, imprisoned, or accused, except in a few cases
• The citizens living in France are equal in the eyes of the law, and every citizen is entitled to public opinions, dignities, and occupations
• All the rights mentioned in the French Constitution are natural, and they belong to every human being from birth

The Indian Constitution

On the 26th of January 1950, the Indian Constitution came into force. At the time of adoption, there were 395 articles in 22 parts and 8 schedules in the Indian Constitution. Additional parts and articles have been added later through different amendments. The Constitution was originally 145,000 words long, and it was declared the longest National Constitution to be ever adopted. The Indian Constitution has 12 schedules. Repealed articles and the Preamble are specially mentioned in the Indian Constitution.

Key Points in the Preamble

• Sovereign

As mentioned in the Preamble, the word ‘sovereign’ means that India has the independent authority to govern its own matters. No external power can dominate India. In India, only the legislature can make laws, and it has certain limitations.

• Democratic 

Democratic means the Indian Constitution is an established form of Constitution, and people express their rights by voting in the elections.

• Socialist 

The 42nd Amendment of the Preamble added the term ‘Socialist’ to the Constitution. In democratic socialism, the public and private sectors co-exist.

• Republic

A Republic means the people select the Head of the State directly or indirectly. In India, the President is considered the Head of the State, and people, through indirect voting, elect the President.

• Secular

Secular means all religions in India get equal protection, respect, and support from the State.

Conclusion

The current French Constitution is the 5th Constitution of France. France has a written constitution. The Constitution of France is often changed due to instability. Both in France and India, governments elected heads during their respective terms. The amendments process is done with a 60% majority in the French Constitution. The Indian Constitution has borrowed ideas of equality, liberty, and fraternity from the French Constitution.

In the Indian Constitution, there were initially 395 articles in 22 parts and 8 schedules. Additional parts and articles have been added later through different amendments. The original draft of the Constitution was 145,000 words long, and it was declared the longest National Constitution to be ever adopted. The Indian Constitution has 12 schedules. In the Indian Constitution, the Preamble plays an important role.