From UPSC perspective, the following things are important :
Prelims level: Comparison of Indian Constitution
Why in the News?
- On July 14, K. P. Sharma Oli was sworn in as Nepal’s Prime Minister for the fourth time, leading a new coalition government.
- Since the abolition of the monarchy in 2008, Nepal has had 14 governments despite a new constitution in 2015 promising progress.
Evolution of Nepal’s Constitution
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Comparing the Indian Constitution and Nepal’s Constitution:
| India | Nepal | |
| Historical Background | Adopted on November 26, 1949, and came into effect on January 26, 1950.
Framed by the Constituent Assembly elected in 1946. |
Current constitution promulgated on September 20, 2015.
Many attempts since 1948, 1951, 1959, 1962, 1990, and 2007. |
| Form of Government | Quasi-federal nature of the Indian constitution is described as a “Union of States” in Article 1. Other factors also talk about the quasi-federal like Emergency power and independent judiciary. etc
Parliamentary system with the President as the ceremonial head and the Prime Minister as the head of government. |
Federal democratic republic.
Parliamentary system with the President as the ceremonial head and the Prime Minister as the executive head. |
| Structure of Government | Bicameral legislature: Lok Sabha (House of the People) and Rajya Sabha (Council of States).
Three levels of government: central, state, and local. |
Bicameral legislature: House of Representatives and National Assembly.
Three levels of government: federal, provincial, and local. |
| Federal Structure | More centralized federal structure. The central government has significant authority over states.
Flexible to allow greater central control when necessary. |
More decentralized federal structure. Greater autonomy to provinces.
Includes seven provinces, each with its own government and legislature. |
| Elections and Representation | First-past-the-post (FPTP) system for Lok Sabha elections. Representation through single-member constituencies and multi-party systems. | Mixed electoral system with both FPTP and proportional representation (PR). Ensures broader representation but leads to the proliferation of smaller parties. |
| Judiciary | The Supreme Court of India is the highest judicial authority.
Ensures protection of fundamental rights and upholds the rule of law. |
The Supreme Court of Nepal is the highest judicial body.
Interprets the Constitution and protects citizens’ rights. Aims to uphold the rule of law and safeguard fundamental rights. |
| Fundamental Rights and Duties | Comprehensive list of Fundamental Rights in Part III, including equality, freedom, religion, and constitutional remedies. Fundamental Duties in Part IV-A. | Extensive fundamental rights, covering civil, political, and socio-economic rights. Emphasizes affirmative action for marginalized groups. |
| Secularism and Religion | A secular state with no official religion which mentioned in the Preamble of the Constitution. | The secular state was declared in the 2015 Constitution.
Protects religious freedom and promotes harmony among religious communities. |
PYQ:[2023] Compare and contrast the British and Indian approaches to Parliamentary sovereignty. [2022] Critically examine the procedures through which the Presidents of India and France are elected. [2021] Analyze the distinguishing features of the notion of Right to Equality in the Constitutions of the USA and India. [2021] Analyse the distinguishing features of the notion of Right to Equality in the Constitutions of the USA and India. [2020] The judicial systems in India and the UK seem to be converging as well as diverging in recent times. Highlight the key points of convergence and divergence between the two nations in terms of their judicial practices. [2019] What can France learn from the Indian Constitution’s approach to secularism? [2018] India and the USA are two large democracies. Examine the basic tenets on which the two political systems are based. |
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