Difference Between Indian Constitution and French Constitution

The constitution of a country enshrines the rule of law and serves as its guide. It outlines the structure and primary duties of the three branches of government—the Executive, Legislative, and Judicial—in detail. Additionally, it strengthens citizenship—the relationship between the people and their government. The authors of the Indian Constitution studied every notable constitution in existence at the time before drafting their own. The Indian Constitution is commonly referred to as "a bag of borrowings" since it freely incorporates ideas from many other nations.

What is the meaning of the Indian Constitution?

The spirit and content of the Indian Constitution are distinctive. The Constituent Assembly adopted it on November 26, 1949, and enacted it on January 26, 1950. It establishes a legislative system of government with certain unitary characteristics that is federal in nature. The Prime Minister heads the Council of Ministers, which has the duty of assisting and advising the President as the constitutional head of the Union's Executive. The Council of Ministers, of which the Prime Minister is the head, has actual executive authority.

What is the meaning of the French Constitution?

France has a unitary government and is referred to as a "Laboratory of Political Experiments." It has both the presidential and parliamentary systems of administration which are effective in France. In France, semi-presidential regimes are followed.

The French Constitution is the only democratic Constitution based on the principle of the Supremacy of the Executive. It has a strong President, who is fixed for five years and has several powers. The legislature can only make laws based on a list, while the President takes care of all other matters. France is politically unstable, so the 5th Republic Constitution has a strong President with several powers.

Difference between the Indian Constitution and French Constitution

The following are the differences between Indian Constitution and the French Constitution −

Feature	French Constitution	Indian Constitution
Rule of Law	French Constitution adopted a Semi Presidential system with the President having more power than the Prime Minister.	Indian Constitution has adopted a Parliamentary form of Government with more power vested with the Prime Minister.
Head of State	In France, the head of state is President. He has a tenure for seven years.	In India, the head of state is Prime Minister. He has a tenure of five years
Judiciary	In France the judiciary plays an important role. The French court is divided in two parts − Judicial Courts Administrative Courts	In India there is no role of the judiciary in conducting elections. Under Indian Constitution there is no such structure like France
Parliament It consists of the national Assembly (Assemblee Nationale) and the Senate. It consists of the Rajya Sabha and the Lok Sabha.	It consists of the national Assembly (Assemblee Nationale) and the Senate.	It consists of the Rajya Sabha and the Lok Sabha.
Religious Perspective	Under French Constitution , France adopted the complete separation of State from religion.	Under Indian Constitution, India does not follow any such principle and it has secularism principle.
Nature of State	France follow unitary principle.	India follow federal principle.

Conclusion

The fifth Constitution of France, which is now in effect, is a written document that frequently changes because of instability. In India, leaders of state are chosen to serve for the duration of their mandates, and revisions require a 60% vote to pass. The French Constitution's egalitarian, libertarian, and fraternal principles were adopted by the Indian Constitution, which has originally divided into 22 parts, 8 schedules and 395 articles. The Constitution's original draught was 145,000 words lengthy and was acknowledged as the largest National Constitution ever ratified. In the Indian Constitution, the Preamble has a significant function.

Frequently Asked Questions

What does the Indian Constitution borrow from France?

The French Constitution served as a model for the Indian Constitution in promoting equality, liberty, and fraternity. Initially, the Indian Constitution included 395 articles divided into 22 sections and 8 schedules.

Which part of Indian Constitution is taken from French Revolution?

The French Revolution's ideas serve as inspiration for the Indian Constitution's Preamble.

When was the French Constitution written?

The national constituent assembly, which was chosen after the February 1848 revolution that led to the establishment of the Second French Republic, drafted the French constitution of 1848.

When was the current French Constitution adopted?

The current French Constitution, known as the Constitution of the Fifth Republic, was adopted on September 28, 1958.

What are the key principles of the French Constitution?

The French Constitution is built upon principles such as the separation of powers among the executive, legislative, and judicial branches, the protection of individual rights and freedoms, and the sovereignty of the people.

Who is the head of state according to the French Constitution?

The President of the French Republic is the head of state and represents the unity of the nation. The President is elected through a direct popular vote.

How is the French Parliament structured?

The French Parliament consists of two chambers: the National Assembly (lower house) and the Senate (upper house). The National Assembly members are elected by the people, while Senators are chosen indirectly by an electoral college.

Can the French Constitution be amended?

Yes, the French Constitution can be amended, but the process is complex. Amendments require approval by both houses of Parliament or through a referendum.

Does the French Constitution protect individual rights?

Yes, the French Constitution includes a Declaration of the Rights of Man and of the Citizen, which guarantees fundamental rights and freedoms to all citizens.

What role does the Constitutional Council play in France?

The Constitutional Council is responsible for ensuring the constitutionality of laws and regulations. It reviews laws before they are promulgated and can be consulted by the President, the Prime Minister, or members of Parliament.

Can the French President dissolve the National Assembly?

Yes, the President has the authority to dissolve the National Assembly, leading to new legislative elections. This power is used under certain circumstances, usually during political crises or stalemates.

How has the French Constitution evolved since its adoption?

The French Constitution has been amended several times since its adoption in 1958. Revisions have been made to adapt to changing political and social contexts, but the core principles have remained largely intact.