Constitutionalism in India: A Comparative Study

Samiksha Sharma

doi:10.36948/ijfmr.2025.v07i03.44967

Constitutionalism in India: A Comparative Study

Author(s)	Ms. Samiksha Sharma
Country	India
Abstract	For genuine democracies, constitutions consist of overarching arrangements that determine the political, legal and social structures by which society is to be governed. Constitutional provisions are therefore considered to be paramount or fundamental law. Under these circumstances, if constitutional law itself is inadequate, the nature of democracy and rule of law within a country is affected. The structure of modern nations has been shaped with government being divided into executive, legislative and judicial bodies, with the commonly accepted notion that these bodies and their powers must be separated. In the U.S., the concept of constitutionalism and the written Constitution go hand in hand. Alexander Hamilton, a legal scholar and politician, called for a Constitutional Convention in 1786. In 1787, the Convention took place in Philadelphia with George Washington serving as the President of the same. While the initial purpose was to make changes to the Articles of Confederation, the discussions of the Convention shifted towards the creation of a new constitution. A federation is a state having one central (federal) government acting for the whole country and several state governments existing side by side having control over their areas. Both the governments exercise power over their definite sphere as provided in the Constitutions and does not interfere with each other’s functions. Thus in a federation, there is a division of powers between the central (federal) government and state government. Countries like USA, Switzerland, Australia, Canada, etc. have a federal form of government. The salient features of federalism include the existence of dual government at the central and state level, separation of powers, rigid and written constitution, supremacy of the constitution, independence of judiciary, etc. Current article trying a comparative study between Indian Constitutionalism with US.
Keywords	Constitution, Federalism, India, US, principles
Field	Sociology > Administration / Law / Management
Published In	Volume 7, Issue 3, May-June 2025
Published On	2025-05-17
DOI	https://doi.org/10.36948/ijfmr.2025.v07i03.44967
Short DOI	https://doi.org/g9kfxw

View / Download PDF File

E-ISSN 2582-2160

doi

CrossRef DOI is assigned to each research paper published in our journal.

IJFMR DOI prefix is
10.36948/ijfmr

Downloads

Research Paper Format Copyright Permission Form and Undertaking Form Cover Page Vol 7 Isu 3 Cover Page Vol 7 Isu 2 Cover Page Vol 7 Isu 1

All research papers published on this website are licensed under Creative Commons Attribution-ShareAlike 4.0 International License, and all rights belong to their respective authors/researchers.

CC-BY-SA

About IJFMR Fees & Payment Current Issue Publication Archive	Submit Research Paper Track Submission Status Publication Guidelines Publication Ethics Peer Review & Plagiarism	Join as a Reviewer Editors & Reviewers Reviewer Referral Program Get Reviewer Membership Certi.	Website/Journal Policies Usage Policy Content Policies Privacy Policy

Contact Us		+91-9687-828-838	editor@ijfmr.com

International Journal For Multidisciplinary Research

A Widely Indexed Open Access Peer Reviewed Multidisciplinary Bi-monthly Scholarly International Journal

Constitutionalism in India: A Comparative Study

Share this