Soviet Constitution and The Indian Constitution

The supreme law of a country is its constitution, a collection of fundamental legal principles on which all residents can agree to govern the country and establish the duties and responsibilities of its citizens. The ‘Preamble’ to the Indian Constitution is a brief declaration that specifies the document’s guiding objective, values, and source of the document’s authority, the people. The Indian constitution borrows the concept of Fundamental Duties from the Soviet Union constitution. The USSR is also referred to as the Soviet Union’s Constitution.

Constitutional System in Russia

Vladimir Putin approved a law amending the Russian Federation’s Constitution in April 2021. It has ramifications for Russia, the wider Eurasian region, and its relations with other countries.

The Soviet Union constitution is the Russian Federation’s supreme legal document. It specifies the Russian Federation’s constitutional structure, the state system, the establishment of representative, executive, and judicial agencies, the local self-government system, and civil and human rights in the federation.

1924 Constitution of the Soviet Union

The 1924 constitution of the Soviet Union was adopted on January 31, 1924. The 1924 Constitution legislated the December 1922 Treaty on the Establishment of the USSR, which formed the Soviet Union between both the Russian Soviet Federal republics Socialist State, the Ukrainian Republic, the Byelorussian Republic, and the Transcaucasian Soviet Republic.

The 1924 constitution of the Soviet Union expanded and generalised the 1922 Treaty while also allowing for the Soviet Union’s potential growth. The 1924 Constitution included 72 articles separated into eleven chapters, compared to only 26 articles in the original Treaty.

Russia’s Political System

The government of Russia, headed by the Prime Minister, is a constitutional democracy with executive power.

However, the President is the state’s head and holds the most crucial position.

The people directly elect the President. However, the President appoints the Prime Minister rather than having a public poll.

A parliament makes legislation. It is divided into the lower house (called the State Duma) and the upper house (the Federation Council).

Adoption of the USSR’s First Constitution

The 1st Congress of People’s Deputies of the USSR adopted the Declaration and Treaty on the Formation of the USSR in December 1922. On January 31, 1924, the 2nd Congress of People’s Deputies of the USSR adopted the USSR’s first Soviet Union constitution, which became the single Soviet state’s general law. The 1924 constitution of the Soviet Union formally guaranteed the equality and sovereignty of all USSR nations. The Soviet Union’s coat of arms, national flag, and capital city were approved.

The key aspect that distinguished the USSR’s 1924 primary legislation from subsequent Soviet constitutions was the absence of state systems, articles on citizens’ rights and duties, voting, and local authorities. Instead, all of these issues were resolved by republic constitutions. Finally, in 1924, Russia’s SSR Soviet and union republics were officially recognized as sovereign countries, and a new structure of supreme government bodies was established to govern them.

Constitution of India

On November 26, 1949, the Indian Constitution was approved. India’s Constituent Assembly drafted it, taking inspiration from other countries’ constitutions and the Govt. Of India Act 1935.

The Indian Constitution is made up of a lot of different ideas that were taken from other countries. As an example, consider Article 121 of the Soviet constitution. Education is a fundamental right for citizens of the USSR.

The content and spirit of the Indian Constitution are distinct. However, it incorporated a few of the best features of other foreign constitutions. The Indian constitution differs from other constitutions in several significant ways.

Some ideas were borrowed from others, but the main concept inspired India’s rich cultural heritage, diversified geography, and long history. International constitutions inspired our constitution, but not in its current form.

Comparing the Constitutions of Russia and India

1. Constitution: The Soviet Union constitution was drafted in 1993, whilst the Indian Constitution was framed in November 1949 and approved in January 1950.
2. The form of government: The government system in Russia is semi-presidential, whereas the type of government in India is a parliamentary system.
3. Executive: In both nations, the prime minister is appointed by the President; but, in Russia, the prime minister assumes the duties of the President in the event of the President’s death or resignation, whereas in India, the same obligation is assigned to the Vice President.
4. In Russia, the President has higher authority, whereas the Prime Minister has more power in India.
5. The Russian President serves a six-year term, while the Indian President serves five years.
6. The President cannot do more than two successive terms in Russia, but India has no such limitation.
7. Legislative: The lower house is the Duma, while the house of representatives is the Federation Council.
8. Like Loksabha and Rajya Sabha, Duma is more powerful.
9. Members of the Duma are elected using the Proportional Representation System, whereas members of the Lok Sabha are elected using the First Past the Post System.
10. The Duma has the authority to pass a vote of no confidence, although this can be withdrawn by the President, whereas the Indian President cannot do so in the case of the Lok Sabha.
11. Judiciary: Unlike India, Russia does not have a single integrated judiciary. In addition to the Supreme Court, there is a constitutional court.
12. The Constitutional Court has the authority to resolve conflicts between the executive and legislative government bodies and between Moscow and regional and municipal administrations.
13. Russia’s Supreme Court is the country’s highest court, and it supervises all subordinate courts with general jurisdiction, including local courts.

Conclusion

The Preamble serves as the introduction to the Indian Constitution. It serves as a sort of introduction to the Indian public. The Preamble of the Indian Constitution borrows the concept of social, economic, and political justice from the Soviet Union’s constitution. The USSR Constitution served as the inspiration for the Preamble’s values of justice and the idea of fundamental Duties.