World Constitution

American Constitution

When we study “World Constitutions” in Indian Polity, the American Constitution becomes the most important reference point, because it has influenced almost all modern constitutional democracies—including India.

Let’s understand it:

1. Written Constitution

The USA has the oldest written Constitution in the world.
It was drafted in 1787, adopted the same year, and came into force in 1789.

To imagine its brevity:
➡️ Only 12 pages
➡️ Contains: Preamble + 7 Articles + 27 Amendments

Even today, Americans treat this document almost like a sacred text because it has survived for more than two centuries with minimal changes.

2. Rigid Constitution

Here, rigid does not mean “inflexible in real life.”
It simply means:

👉 The amendment process is very difficult
👉 An ordinary law and a constitutional amendment are treated separately

Unlike India, where Parliament amends the Constitution, in the USA:

Two methods of Amendment:

(i) Amendment through Congress

• 2/3rd members of both Houses must agree
• 3/4th of state legislatures must ratify (38 out of 50 states)
• All within 7 years

(ii) Amendment by a Constitutional Convention

• If 2/3rd states demand it (34 out of 50)
• Changes must again be ratified by 3/4th states

This difficulty explains why, from 1789 to now, only 27 amendments have been added.

3. Federal Constitution

USA is the first modern federal state.

Federalism means:

• Division of powers between Federal Government and State Governments
• Centre gets enumerated powers
• States get residuary powers

This is opposite of India, where residuary powers lie with the Centre.

Each US state has its own:
✔️ Constitution
✔️ Legislature
✔️ Governor
✔️ Supreme Court

So the “coming together federation” idea is clearly visible here (13 colonies joining voluntarily).

4. Presidential Government

Unlike the British–style parliamentary system, the USA follows a Presidential system, whose key features are:

(i) President = Head of State + Head of Government

No dual executive like India (President + PM).
The US President is the real executive authority.

(ii) Fixed tenure of 4 years

President is elected by an electoral college, and can be removed only through impeachment—not confidence motions.

(iii) Cabinet is purely advisory

• Called “Cabinet” or sometimes “Kitchen Cabinet”
• Members are called Secretaries (e.g., Secretary of State)
• They are not elected, not members of Congress, and responsible only to the President

(iv) President is not answerable to Congress

He does not attend Congressional sessions.

(v) No power to dissolve the House

This is crucial:
➡️ In Parliamentary systems, PM can dissolve parliament
➡️ In Presidential systems, legislature and executive have separate legitimacy

5. Separation of Powers

This is the philosophical backbone of the US system.

Each organ is separate and independent:

• Article I → Legislature (Congress)
• Article II → Executive (President)
• Article III → Judiciary (Supreme Court)

This is the most textbook implementation of Montesquieu’s theory.

6. Checks and Balances

Since complete separation can make each organ rigid and uncooperative, the US Constitution creates a network of “controls” so that no organ becomes supreme.

Some examples:

Executive vs Legislature

• President can veto bills (Pocket Veto & Qualified Veto)
• Senate must approve Presidential appointments and treaties

Legislature vs Judiciary

• Congress decides structure of lower courts and appellate jurisdiction

Executive vs Judiciary

• President appoints judges (with Senate approval)

Judiciary vs Executive/Legislature

• Supreme Court can strike down laws and executive orders as ultra vires (Judicial Review)

This interlocking mechanism keeps power balanced.

7. Supremacy of Constitution & Judicial Review

USA recognizes a hierarchy of laws:

1. Constitution = Supreme Law
2. Congress and state legislatures must comply
3. Supreme Court ensures this compliance through Judicial Review

If any law violates the Constitution → it becomes null and void.

This makes the Supreme Court a true guardian of the Constitution.

8. Bill of Rights

The first 10 amendments (added in 1791) form the Bill of Rights.

It protects citizens from government overreach:

• Life, liberty, property cannot be taken without due process
• Freedom-related rights (speech, religion, etc.)

Because of Judicial Review, these rights are strongly enforced.

9. Bicameralism

The US Congress is a powerful bicameral legislature:

Senate (Upper House)

• 100 members (2 per state)
• Term: 6 years
• More powerful than the lower house—in fact, considered the world’s strongest upper chamber

House of Representatives (Lower House)

• 435 members
• Single-member constituencies
• Term: 2 years

American President

Election Method

Constitutionally → Indirect election through Electoral College
Practically → works like direct election because people vote for a candidate’s electors.

Electoral College Composition (Total: 538)

• 435 (House of Representatives)
• 100 (Senate)
• 3 (District of Columbia)

Required majority: 270

If no one gets 270 → House of Representatives chooses the President (happened in 1800, 1824, 1876).

Qualifications

1. Natural-born citizen
2. Minimum age 35
3. 14 years’ residency (even non-continuous)

Term & Re-election

• Tenure: 4 years
• Eligible for only 2 terms (22nd Amendment, 1951)
• Maximum possible tenure: 10 years (if VP completes part of a term)

Impeachment

For:

• Treason
• Bribery
• High crimes & misdemeanors

Process:

1. House of Representatives initiates impeachment (simple majority)
2. Senate conducts the trial; Chief Justice presides
3. Conviction requires 2/3rd majority

No President has been removed so far.
Attempts: Johnson, Nixon, Clinton, Trump (twice).

Powers of the President

A very powerful office—often described as:

• “Greatest office in the world” (Lord Bryce)
• “Largest authority in any democracy” (Munro)

Key powers:

1. Executive Powers

Implement the Constitution, laws, treaties, court decisions.

2. Military Powers

Commander-in-Chief of armed forces.

3. Appointment Powers

Judges, ambassadors, executive department heads.

4. Foreign Affairs

Leads foreign policy.

5. Clemency Powers

Pardon and reprieve (except in impeachment).

6. Legislative Powers

• Sign a bill
• Veto (Qualified / Pocket)
• Send messages/recommendations
• Call special sessions
• Prepare the national budget
• Issue executive orders (delegated legislation)

7. Miscellaneous

Can adjourn Congress when its two Houses disagree on adjournment date.

British Constitution

Think of the British Constitution as a living tapestry woven over centuries. It didn’t arrive on a single day as a single document; it grew — piece by piece — from history, practice and law. That makes it unique and a model often called the “mother of constitutions.” Let’s unpack its core features.

1) Nature and origin — an evolved, not enacted, constitution

• The United Kingdom’s political unity developed gradually: England + Wales (1535), Scotland joined (1707), and the modern United Kingdom (including Northern Ireland) took shape by 1921.
• The Constitution is unwritten in the sense that there is no single, consolidated constitutional document. Instead, the constitutional order is an evolutionary product of customs, judgments, statutes and historical charters — a mix of accident and design.
• Because it evolved, the British system is dynamic and adaptable; it changes through practice and political development rather than by a special written amendment process.

2) Sources of the British Constitution — five pillars

Rather than one text, the British Constitution rests on several interlocking sources:

1. Conventions
   • Unwritten rules of political practice (e.g., the monarch acts on the Cabinet’s advice; PM is the leader of the majority in the House of Commons).
   • Not legally enforceable by courts, but politically powerful because tradition and public opinion sustain them.
2. Great Charters (constitutional landmarks)
   • Historical documents that shaped liberties and limited royal power: e.g., Magna Carta (1215), Petition of Right (1628), Bill of Rights (1689).
   • These are constitutional milestones that influence later law and practice.
3. Statutes (Acts of Parliament)
   • Ordinary laws passed by Parliament that often have constitutional importance (e.g., laws on representation, ministerial office, etc.).
   • Because there is no separate “constitution-making” procedure, statutes can create constitutional change.
4. Common Law (judge-made law)
   • Judicial decisions that set legal principles and protect rights; courts enforce many constitutional rules through ordinary litigation.
5. Legal Commentaries
   • Classic treatises (Dicey, Bagehot, Blackstone) shape understanding and interpretation; they guide judges, officials and students in reading the Constitution.

3) Flexible constitution

• Unlike the U.S. model, Britain has no special amendment formula. Parliament can change constitutional arrangements simply by passing ordinary Acts.
• Therefore, legally there is no sharp distinction between ordinary law and constitutional law.

4) Unitary character

• Britain is essentially a unitary state: ultimate sovereignty and legal authority rest with the central Parliament in Westminster.
• Local or regional institutions (e.g., local councils, devolved assemblies) exist by statute and can, in theory, be altered or abolished by Parliament.

5) Parliamentary government — executive rises from legislature

Key features of the British parliamentary system:

• The monarch is the nominal head of state; real executive power is exercised by the Cabinet, led by the Prime Minister.
• The party holding the majority in the House of Commons forms government; its leader becomes PM.
• Ministerial responsibility: ministers are both individually and collectively accountable to the House of Commons. Their tenure depends on maintaining majority support.
• The monarch may dissolve the Commons, but conventionally does so on the Prime Minister’s advice.
• Ministers are members of Parliament — this overlap avoids deadlock and ensures coordination between executive and legislature.

6) Parliamentary sovereignty (supremacy of Parliament)

This is the bedrock principle of British constitutional law:

• Parliament can make, amend or repeal any law. There are virtually no legal limits (famous quips aside).
• There is no domestic legal check that can declare an Act of Parliament void on constitutional grounds — British courts do not invalidate parliamentary statutes as “unconstitutional.”
• Because Parliament is sovereign, constitutional change can come simply by passing new Acts.

7) Rule of Law — Dicey’s three propositions

A complementary principle to parliamentary supremacy is the Rule of Law (A.V. Dicey’s famous formulation):

1. No arbitrary power — no one may be punished except for breach of law.
2. Equality before the law — all are subject to ordinary law and courts, regardless of status.
3. Rights through law — individual rights are primarily protected and developed through judicial decisions and common law, rather than by a written constitutional bill.

So, rights in Britain traditionally flow through the courts’ development of law, not through a single entrenched charter (although modern statutes and human-rights instruments have changed the landscape).

8) Constitutional monarchy

• The UK is a limited hereditary monarchy: the Crown is the formal source of executive authority, but the monarch “reigns, not rules.”
• Real authority is exercised by the Cabinet; the monarch’s role is largely ceremonial and guided by convention.
• The Crown (institution) persists beyond any single monarch (hence the phrase, “The King is dead; long live the King”).

9) Bicameral Parliament — House of Lords and House of Commons

• House of Lords (Upper House): historically aristocratic — peers, bishops, appointed members. It represents the aristocratic element but is increasingly reformed and less hereditary today.
• House of Commons (Lower House): the democratic heart of Parliament — elected representatives, and the dominant house in practice.
• In the UK, the Commons is the more powerful chamber; governments are formed from its majority.

10) The British Cabinet — structure and dynamics

• The Cabinet is the real executive: PM plus roughly twenty senior ministers. Typical positions include Chancellor of the Exchequer, Foreign Secretary, Home Secretary, Defence, etc.
• Some legal officers (Attorney-General, Solicitor-General) may not be full Cabinet members.
• The Privy Council is a historic advisory body to the monarch. Over time, much of its business moved to Cabinet; today it is mainly a formal body including current and former ministers.

11) Prime Ministerial government — shift from “first among equals”

• Traditionally the Cabinet was led by a PM who was primus inter pares — first among equals. Over the 20th century, however, the PM’s leadership has become more dominant.
• Modern analysis often describes the system as a Prime Ministerial government, where the PM plays a central, driving role in policy and appointments.

12) Shadow Cabinet — organised opposition

• The official opposition organises a Shadow Cabinet: each government minister is “shadowed” by a corresponding opposition member.
• This creates an effective alternative team ready to take office and ensures continuous scrutiny — the Leader of the Opposition is treated as an “alternative Prime Minister.”

Quick contrast with other models

• Written vs Unwritten: U.S. — written, entrenched; U.K. — unwritten, evolutionary.
• Rigid vs Flexible: U.S. — rigid amendment process; U.K. — Parliament can change constitutional arrangements through ordinary Acts.
• Federal vs Unitary: U.S. — federal with residuary to states; U.K. — unitary with central sovereignty.
• Presidential vs Parliamentary: U.S. — President separate from legislature; U.K. — executive drawn from legislature.

French Constitution

The French constitutional story is one of frequent change. Since the French Revolution (1789), France went through multiple Constitutions — monarchic, dictatorial, imperial and republican. The Fifth Republic, brought into force in 1958 under General de Gaulle, was designed to give France political stability and a strong executive.

Let’s understand the essentials.

1. Written Constitution

• The Fifth Republic has a written Constitution.
• Originally: Preamble + 92 Articles (in 15 chapters); it proclaims the motto “Liberté, Égalité, Fraternité” and declares “France is an indivisible, secular, democratic and social Republic.”
• The Constitution is organized into chapters (e.g., Sovereignty; The President; Parliament; Constitutional Council; European Union; Amendments). (You don’t need to memorize chapter numbers now — focus on the themes.)

2. Rigid Constitution

• Unlike Britain’s flexible model, France has rigid, entrenched procedures for amendment.
• Parliamentary route: 60% majority in both Houses to amend.
• Referendum route: President may submit amendments to national referendum.
• Exception: The republican form of government (i.e., France as a republic) cannot be amended into a monarchy — no return to kingship.

3. Unitary State

• France is unitary: centralised power in Paris.
• Local authorities exist but derive powers from the centre; they can be altered or abolished by the central government.
• In practice, France is more unitary than even Britain.

4. Quasi-Presidential / Quasi-Parliamentary system

• The Fifth Republic is neither purely presidential nor purely parliamentary; it blends both:
  • Powerful President directly elected by the people (five-year term).
  • Government (Council of Ministers) headed by a Prime Minister — responsible to Parliament.
  • Ministers are not members of Parliament (contrast this with Westminster).
• The design purpose: combine stability and strong executive leadership with parliamentary accountability.

5. Bicameral Legislature

• National Assembly (Lower House): 577 members, directly elected, 5-year term. It is dominant.
• Senate (Upper House): 348 members, indirectly elected, 6-year term. Less powerful than the Assembly.

6. Rationalised Parliament

• Parliament’s powers are restricted compared to a pure parliamentary state.
• It can legislate only on items specified by the Constitution; on other matters the executive can legislate by decree.
• Parliament may delegate law-making power to the executive.
• All this was meant to prevent legislative paralysis and strengthen the executive.

7. Constitutional Council (Conseil constitutionnel)

• A constitutional body of 9 members, each appointed for 9 years (staggered terms).
• Its role: ensure parliamentary laws and executive ordinances conform to the Constitution (judicial-type review).
• Important nuance: its opinions can be advisory in some contexts — historically its powers and the binding nature of its decisions have evolved, but its constitutional watchdog role is central.

8. Recognition of Political Parties

• The Constitution explicitly recognizes political parties, stating that parties must respect national sovereignty and democracy.
• This formal recognition was a notable innovation — political parties are treated as legitimate, regulated actors in public life.

Key Constitutional Changes about the President

• Mode of election: Originally indirect (electoral college) → direct election by universal suffrage (1962).
• Tenure: Originally 7 years → 5 years (2000) to synchronise legislative and presidential cycles.
• Term-limits: Earlier no limit → now max two consecutive terms (2008).

The French President

— role, election, tenure, powers

Mode of Election

• Direct election by universal suffrage (absolute majority required).
• If no candidate wins an absolute majority in the first round, a second round is held between the top two candidates.

Tenure & Removal

• Term: 5 years.
• Re-election: Allowed for one additional consecutive term only.
• Vacancy: Functions performed temporarily by President of the Senate, or if not available, by the Government — but certain powers (referendum, dissolution) are restricted in such interim arrangements.
• Impeachment: The President can be impeached for high treason; impeachment requires an absolute majority in both Houses, followed by trial before the High Court of Justice.

Powers & Functions — why the President is central

The President is the pivot of the system — symbolic head of state and a strong political actor. Major powers include:

1. Appointing the Prime Minister and accepting his/her resignation.
2. Appointing and dismissing other ministers on the PM’s advice.
3. Presiding over Council of Ministers, giving the President direct influence over government policy.
4. Appointments to civil and military posts — wide patronage power.
5. Commander-in-Chief of the armed forces.
6. Conduct of foreign policy: negotiates and ratifies treaties; accredits ambassadors.
7. Information rights: kept informed of international negotiations (even if not yet ratified).
8. Presides over national defence councils and represents the nation.
9. Appointments to Constitutional Council: President appoints the President plus three members.
10. Promulgation of laws: must promulgate laws within 15 days of adoption; can ask Parliament to reconsider a law (a reconsideration Parliament cannot refuse).
11. Referendum powers: can submit government bills to referendum.
12. Signs ordinances & decrees considered by Council of Ministers.
13. Pardons — clemency power.
14. Presides over Higher Council of Judiciary and appoints members — influence over judiciary.
15. Emergency powers: special measures after consulting PM, Assembly Presidents and Constitutional Council.
16. Dissolution of National Assembly: can dissolve (but subject to two limits: not more than once in 12 months; cannot dissolve during an emergency). The President is not obliged to follow PM’s advice and can refuse a PM’s request for dissolution.

Net effect: The President is both a constitutional guardian and an active political player — capable of decisive action in ordinary and emergency situations.

Japanese Constitution

(MacArthur / Showa Constitution)

To understand the Japanese Constitution, remember this one idea:
Japan moved from an autocratic monarchy (Meiji era) to a fully democratic state after World War II — under Allied supervision, chiefly guided by General MacArthur.

The Constitution that emerged in 1946, enforced in 1947, is modern, democratic, pacifist and rights-heavy.

1. Written Constitution

Like the American Constitution, Japan has a written Constitution with:

• Preamble + 103 Articles
• Arranged across 11 Chapters
• It blends elements of American (rights, judicial review) and British (parliamentary system) models.

Its Preamble makes clear: sovereignty belongs to the people, not to the Emperor.
This is a major departure from the pre-1947 system where the Emperor was sovereign.

2. Rigid Constitution

Japan follows a strict amendment process—like the US, unlike the UK.

Amendment procedure:

1. Diet initiates amendment → must be passed by two-thirds majority in each House.
2. Then it must be approved by the people through:
   • A referendum, or
   • A special election
3. Once ratified, the Emperor formally promulgates it “in the name of the people.”

🔍 Most striking fact:
Japan has not amended its Constitution even once since 1947.
This shows how rigid the amendment process actually is.

3. Unitary Constitution

Japan, like Britain and France, is a unitary state:

• All powers lie with the Central Government in Tokyo.
• Provinces derive authority from the centre.
• Diet may expand, restrict or reorganize provincial powers.

So Japan is politically centralized, not federal.

4. Parliamentary Government (British-style with Japanese modifications)

Japan follows parliamentary government—but not exactly like Britain.

Core features:

• Emperor is nominal executive, Cabinet is real executive.
• Prime Minister is the head of government.
• PM is chosen by the Diet (Parliament) and then formally appointed by the Emperor.
• PM appoints Ministers of State; a majority of them must be Diet members.
• Cabinet is collectively responsible to the House of Representatives.
• Emperor dissolves the House of Representatives on PM’s advice.

Key differences from British system:

1. PM appointment
   • Britain: Monarch chooses & appoints PM
   • Japan: Diet chooses; Emperor only appoints formally
2. Ministers
   • Britain: Monarch appoints
   • Japan: PM appoints
3. Removal of Ministers
   • Britain: PM cannot remove ministers at will
   • Japan: PM can remove ministers freely
4. Membership
   • Britain: All ministers must be MPs
   • Japan: Only a majority must be Diet members

So the Japanese PM is stronger in internal control of the Cabinet than the British PM.

5. Constitutional Monarchy

Japan retains the Emperor, but only in ceremonial form.

Important constitutional provisions:

• Emperor is symbol of the state and unity of the people.
• Sovereignty lies with people, not Emperor.
• All Imperial acts require Cabinet approval.
• Emperor performs only those functions listed in the Constitution.
• Emperor cannot deal with state property without Diet’s authorization.

So, like British monarchy:
The Emperor reigns, but does not rule.

6. Supremacy of Constitution & Judicial Review

Japan explicitly establishes constitutional supremacy.

• All laws, ordinances, regulations must conform to the Constitution.
• The Supreme Court can strike down laws as ultra vires.
• Unlike the U.S. (where judicial review evolved through practice),
  Japan’s Constitution explicitly grants judicial review in its text.

Thus, it follows the American model, but in a more formalized way.

7. Fundamental Rights

Japan provides one of the most extensive sets of rights among global constitutions.

• 31 Articles (Articles 10–40) dedicated to rights and duties.
• Rights are declared “eternal and inviolate.”

Rights include:

1. Right to equality
2. Right to freedom
3. Freedom of religion
4. Right to private property
5. Economic rights
6. Right to education
7. Cultural rights
8. Right to constitutional remedies

Judiciary protects these through judicial review.

8. Renunciation of War (Most unique feature)

This is Article 9 — the famous “No War Clause”.

Japan:

• Renounces war forever as a sovereign right.
• Prohibits maintaining land, sea or air forces.
• Rejects the right of belligerency.

However, Japan does maintain Self-Defence Forces (SDF) —
justified as necessary for protection against foreign aggression.

👉 This clause was included under General MacArthur’s direction to prevent Japan from becoming militaristic again.

9. Bicameral Parliament (Diet)

Japan’s Parliament is called the National Diet.

Two Houses:

1. House of Councillors (Upper House)

• 252 members
• Term: 6 years
• 152 elected locally + 100 elected nationally

2. House of Representatives (Lower House)

• 512 members
• Term: 4 years
• More powerful, especially in financial matters

Constitutional Status:

The Diet is:

• Highest organ of state power
• Sole law-making organ

Soviet Constitution (1977)

Remember the big picture first: the Soviet constitutional order was built on Marxism–Leninism, where the Communist Party was central. The USSR began after the 1917 Bolshevik Revolution and adopted several constitutions (1918, 1924, 1936, 1977). The 1977 text (Brezhnev Constitution) was the last major Soviet constitution before the collapse in 1989–91.

1. Written Constitution

• The 1977 Constitution was written: 20 Chapters, 174 Articles, in 9 parts — drafted under Brezhnev’s leadership.

2. Rigid Constitution

• The Constitution required a special amendment procedure: amendment by two-thirds majority in each House of the Supreme Soviet.

3. Socialist Constitution — ideological foundation

• It declared the USSR a socialist state of the whole people, expressing workers’, peasants’ and intelligentsia’s will.
• Economic base: socialist ownership — state property (public), collective farm and cooperative property.
• The Constitution was programmatic: it set the goals of building socialism and, ultimately, communism.

4. Federal Constitution

• Formally federal: Union of 15 Union Republics (Russia, Ukraine, Belarus, Uzbekistan, Kazakhstan, Georgia, Azerbaijan, Lithuania, Moldova, Latvia, Kyrgyzstan, Tajikistan, Armenia, Turkmenistan, Estonia).
• Residuary powers were vested in the Union Republics (as in the U.S. model), and republics had their own constitutions. Uniquely, they retained the right to secede on paper.
• Within republics there were autonomous republics, regions and areas — making the USSR a “federation of federations.”

5. Parliamentary Government

• The Soviet system was formally parliamentary: the Council of Ministers (executive) was elected by the Supreme Soviet (legislature) and accountable to it.
• The Council, headed by the Premier, was declared the highest executive and administrative authority.

6. Bicameralism

• Supreme Soviet = Soviet of the Union (lower) + Soviet of Nationalities (upper).
• Both Houses had equal membership (750 each) and equal powers — elected every five years. The lower represented population, the upper represented constituent units.

7. Presidium — collective head of state

• The Presidium (39 members) acted as a standing committee of the Supreme Soviet — a collegial presidency.
• The Chairman of the Presidium was the formal head of state. The Presidium combined executive, legislative, diplomatic, military and judicial functions — a distinct Soviet innovation: a plural/collegial executive.

8. One-Party Dictatorship (CPSU dominance)

• The Constitution explicitly positioned the Communist Party of the Soviet Union (CPSU) as the leading and guiding force of society and the state.
• In practice, the CPSU monopolised political power; state institutions were subordinated to party structures.

9. Democratic Centralism

• Organisational principle: democratic centralism — elected bodies from bottom to top; lower bodies expected to implement decisions of higher bodies.
• Combined central leadership with limited local initiative; centralised policy direction merged with the formal rhetoric of popular participation.

10. Fundamental Rights (socialist framing)

• The Constitution guaranteed many social, economic, cultural and political rights: right to work, rest, health, housing, education, cultural benefits, freedom of speech and assembly, right to participate in state administration, judicial protection, and more.
• These rights were framed in the socialist context — enjoyment of rights was to be consistent with collective interests and socialist objectives.

11. Fundamental Duties

• Rights were accompanied by detailed duties: observe the Constitution and laws, labour discipline, protect socialist property, defend the motherland, military service, protect nature, preserve cultural monuments, and respect others’ rights.

Russian Constitution (1993)

— post-Soviet constitutional order

After USSR’s dissolution (1991), the Russian Federation adopted a new Constitution on 20 December 1993, marking a dramatic shift from the Soviet model to a liberal democratic, federal, multi-party system.

Core features

1. Sovereign, multi-ethnic republican state.
2. Federal structure: multiple federal subjects — republics, krais (territories), oblasts (regions), autonomous okrugs, federal cities (Moscow, St. Petersburg), and an autonomous region (Jewish Autonomous Region).
3. Liberal-democratic order guaranteeing fundamental rights.
4. Multi-party system and regular free elections.
5. Separation of powers: legislature, executive and judiciary are distinct and independent.
6. Bicameral Federal Assembly: Federation Council (upper) + State Duma (lower).
7. Strong Presidency: President is head of state, commander-in-chief, elected by direct universal suffrage
8. Prime Minister and Government: appointed by President (Chairman of the Government), ministers appointed on PM’s advice; President may dismiss PM and ministers.
9. Constitutional Court: 19 members — reviews constitutionality of laws, presidential decrees and government acts.
10. Impeachment power: Federal Assembly may remove President for high treason or grave crimes (two-thirds in both Houses needed).

Detailed points to note

Federal character

• Russian Federation consists of various categories of federal subjects — republics (with their own constitutions), krais, oblasts, autonomous okrugs, federal cities and an autonomous region. This recognises territorial, ethnic and administrative diversity.

Legislature — Federal Assembly

• State Duma (Lower House): 450 members, directly elected for 4 years.
• Federation Council (Upper House): two representatives from each federal subject (178 members) — represents territorial units.

Executive — President and Government

• President: elected by universal suffrage; six years term. President is head of state and commander-in-chief.
• Prime Minister: appointed by President as Chairman of the Government; President appoints federal ministers on PM’s recommendation and can dismiss them — signalling a powerful presidency in the system.

Judiciary

• Constitutional Court (19 members) ensures laws and decrees conform to the Constitution — important check on executive and legislative actions.

Rights and political system

• Constitution guarantees fundamental rights and creates a multi-party electoral framework, a clear departure from Soviet one-party rule.

Impeachment

• The legislature may impeach and remove the President for high treason or grave crimes, requiring a two-thirds majority in both Houses — a high threshold, reflecting stability concerns.

Chinese Constitution (1982)

To understand China’s Constitution, remember this foundation:

China is a socialist one-party state. The Communist Party of China (CPC) is the centre around which the political system is built.
After the Communist Revolution of 1949 (led by Mao Zedong), the PRC adopted four Constitutions: 1954, 1975, 1978, 1982.

The 1982 Constitution, still in force (with amendments), is the most stable and comprehensive one.

1. Written Constitution

The Chinese Constitution is written, containing:

• Preamble
• 138 Articles
• 4 Chapters (expanded through amendments)

It sets out the basic principles of the socialist state.

2. Rigid Constitution

The Constitution is rigid — amendments require:

• Two-thirds majority in the NPC (National People’s Congress).
• Amendment can be proposed only by:
  • NPC Standing Committee, or
  • At least one-fifth of all NPC deputies.

This makes constitutional change possible but tightly controlled by central institutions.

3. Socialist Constitution (core ideological character)

This is the heart of the Chinese system.

The Constitution declares:

• China is a socialist state under a people’s democratic dictatorship.
• The state is led by the working class, based on a worker–peasant alliance.
• Leadership by CPC is the defining feature of socialism with “Chinese Characteristics.”
• No individual or organisation may “damage the socialist system.”

In summary: CPC leadership is constitutionally entrenched.

4. Unitary Constitution

Like Japan, France and the UK (in form), China is unitary, not federal.

• Preamble: China is a unitary multinational state.
• All powers are centralized in Beijing.
• Provinces exist as subordinate administrative units, created by delegation of central authority.
• No division of powers as in federal systems.

The system maintains administrative decentralisation, not political federalism.

5. Parliamentary Government (Chinese variant)

China’s system is sometimes compared to parliamentary government in structure, but it is fundamentally different due to CPC dominance.

Key institutions:

NPC (National People’s Congress)

• Constitutionally: highest organ of state power.
• Executive and judicial organs are accountable to it.

State Council (Central People’s Government)

• Executive branch.
• Headed by the Premier.
• Premier is chosen by the NPC on nomination of the President.
• Other ministers chosen by NPC on the Premier’s nomination.
• Premier presides over Council activities.

However:

The Premier’s real political authority is much lower than that of PMs in India or the UK because actual power lies with the CPC Politburo and its Standing Committee.

President of China

• Elected by NPC for 5 years; minimum age 45 years.
• Ceremonial head of state, not an independent executive.
• Appoints/dismisses Premier and other State Council members based on NPC decisions.

So, although the form resembles parliamentary government, true power flows through CPC structures, not state institutions alone.

6. Unicameral Legislature

NPC is unicameral:

• ~3,000 deputies (membership varies).
• Elected for 5 years.
• Represents provinces, autonomous regions, municipalities, armed forces.
• NPC’s Standing Committee (~200 members) acts as its permanent organ.

NPC is the supreme legislative body — but in practice remains subordinate to CPC leadership.

7. Communist Party Leadership

This is the MOST IMPORTANT feature of the Chinese system.

Constitution + Preamble affirm:

• China has a multi-party cooperation system,
  but
• CPC leads the state, society, and all political organisations.

Amendments now include guidance by:

• Marxism–Leninism
• Mao Zedong Thought
• Deng Xiaoping Theory
• “Three Represents”
• Scientific Outlook on Development
• Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era

Thus, CPC’s leadership is a constitutional and political reality.

8. Democratic Centralism

This principle governs political and administrative organisation:

• All state organs are elected but must obey decisions of higher bodies.
• Local organs are subject to oversight of higher organs.
• Central authorities unify leadership; local bodies exercise initiative within this framework.
• Administrative, supervisory, judicial and procuratorial organs are all responsible to people’s congresses.

This combines bottom-up election with top-down control, forming a vertically integrated governance structure.

9. Fundamental Rights

The Constitution provides rights across civil, political, economic and social domains.

Rights include:

• Equality before law
• Right to vote and contest
• Freedoms of speech, press, assembly, association, demonstration
• Freedom of religious belief
• Inviolability of person & home
• Personal dignity
• Confidentiality of correspondence
• Right to work, rest, retiree livelihood
• Social security in sickness, disability, old age
• Right to education
• Freedom of cultural and scientific pursuits
• Equality for women in all spheres
• Protection of marriage and family
• Protection of rights of citizens living abroad

🔎 But note the key limitation (very UPSC-relevant):

Rights cannot be exercised in ways that harm the interests of the state, society, collective, or rights of others.

This limitation makes Chinese rights conditional, not absolute.

10. Fundamental Duties

Citizens must:

1. Safeguard national unity.
2. Obey Constitution and laws; keep state secrets; protect public property.
3. Protect honour and interests of the motherland.
4. Defend the country; resist aggression.
5. Perform military service or join militia.
6. Pay taxes.
7. Work, receive education, and practice family planning.

These duties reinforce the role of citizens in supporting state unity and socialist order.

Swiss Constitution

Think of Switzerland as a federation that privileges direct popular control and power-sharing among diverse linguistic and regional communities. Its constitutional model is sui generis: a federal republic with strong instruments of direct democracy and a collegial executive.

1. Written Constitution

• Switzerland has a written Constitution.
• The current (third) Constitution was adopted by the Federal Assembly on 18 Dec 1998, approved by people and cantons on 18 Apr 1999, and came into force on 1 Jan 2000.
• It originally contained a Preamble and 196 Articles organized into six Titles (Parts).

2. Rigid Constitution (but with popular control)

• The Constitution is rigid — amendments require special procedures and popular approval.
• Two routes:
  • Total revision: proposed by people or either chamber of Federal Assembly or decreed by Federal Assembly. If people demand it, they decide whether to carry it out; if approved, fresh elections follow.
  • Partial revision: may be requested by people or decreed by Federal Assembly; must respect cohesion and form-consistency rules.
• Any revision (total/partial) comes into force only after approval by both the people and the cantons — underlining federalism + direct democracy.

3. Federal Constitution

• Switzerland is a federal republic of 26 cantons.
• Powers: federal government powers are enumerated; residuary powers rest with cantons (similar to the U.S. principle).
• Cantons have their own constitutions, legislatures, executives and judiciaries.
• Cantons are of two types: 20 full cantons and 6 half-cantons — differing in representation and voting weight (e.g., half-cantons have one Council of States member and half a cantonal vote in constitutional referenda).

4. Council (Collegial) Model of Government — Federal Council

• Switzerland does not follow pure parliamentary or presidential models. It uses a collegial executive — the Federal Council (Bundesrat).
• Key features:
  • Seven members elected by the Federal Assembly after general elections to the National Council.
  • Term: 4 years. Any Swiss citizen eligible for the National Council may be elected.
  • Representation: selection seeks geographical and linguistic balance.
  • Presidency: President and Vice-President are elected from among the seven for one-year terms; presidency rotates and is primus inter pares (first among equals), with no special powers.
  • Collective & individual roles: Council acts collectively on executive decisions; individually, members head departments.
  • Non-partisan functioning: though Council members belong to parties, they govern collectively, not strictly on party lines.
  • No parliamentary removal: Federal Assembly cannot remove Council by no-confidence; Councilors are relatively secure in office.
• Result: executive stability, consensus orientation, and avoidance of winner-takes-all politics.

5. Bicameral Legislature — Federal Assembly

• Federal Assembly = Council of States (upper) + National Council (lower).
• Council of States:
  • 46 members: full cantons → 2 each; half-cantons → 1 each.
  • Equal representation of cantons, similar in spirit to the U.S. Senate.
  • Election method & tenure vary by canton (some elected directly, some by cantonal legislatures).
• National Council:
  • 200 members, elected by proportional representation.
  • Term: 4 years.
• Both chambers have equal powers — Swiss bicameralism is fully symmetric; neither chamber dominates.

6. Direct Democracy — Initiative & Referendum (core Swiss DNA)

• Switzerland institutionalizes direct democracy at federal level via initiative and referendum.
• Referendums:
  • Mandatory referendum (requires popular + cantonal approval) for:
    • Constitutional amendments, accession to collective security bodies/supranational communities, certain emergency federal acts.
  • Optional referendum: if 50,000 voters or 8 cantons request it, federal acts, long emergency acts, and specified decrees/treaties are submitted to popular vote.
• Initiative:
  • Only for constitutional amendments at federal level (not for ordinary laws).
  • 100,000 voters can propose a total or partial revision.
  • Partial initiatives can be formulative (draft text) or unformulative (general proposal).
• Because of these tools, Swiss citizens play a continual, constitutional role in law-making and constitutional change.

7. Triple Citizenship

• Swiss citizenship is communal (municipal) + cantonal + federal.
• A person is a Swiss citizen only if they are a citizen of a commune and the canton to which the commune belongs.
• Communal citizenship is particularly significant in Swiss civic life and identity.

8. Fundamental Rights (broad & protective)

• Constitution lists extensive civil, political, economic and social rights, including:
  • Human dignity; equality before law; protection against arbitrary conduct; life & personal freedom; protection of children; right to assistance; privacy; family rights; freedom of religion, expression, press, media; language rights; education; academic freedom; artistic freedom; assembly; association; domicile; protection against deportation; right to property; economic freedom; right to form professional associations; access to courts; petition rights; political rights, etc.
• These rights are robust and detailed — important for UPSC students to note Switzerland’s high priority on liberties and pluralism.

9. Social Goals of Government (programmatic but non-justiciable)

• Constitution lists social goals that governments (federal & cantonal) must pursue within their powers and resources. These do not create immediately enforceable rights but serve as policy targets:
  • Access to social security & healthcare; family protection; fair working conditions; housing; education and training for youth; social integration of young people; protection against economic risks (old age, invalidity, illness, accident, unemployment, maternity, orphanhood, widowhood).
• These goals guide public policy and reflect Swiss commitment to social welfare without converting every objective into a constitutional claim.

Summary

• USA: Rigid written federal Constitution with strong separation of powers and a powerful President.
• UK: Unwritten flexible Constitution based on conventions, parliamentary sovereignty, and Westminster model.
• France: Semi-Presidential system with a strong President and rationalised Parliament (5th Republic).
• Japan: Parliamentary democracy with ceremonial Emperor, rigid written Constitution, pacifist Article 9.
• USSR: Socialist federal Constitution dominated by CPSU; collective head of state (Presidium); strong central planning.
• China: Socialist unitary state; CPC leadership entrenched; unicameral NPC; rights subordinated to state interests.
• Switzerland: Federal state with direct democracy tools and a unique 7-member collegial Federal Council.