India vs US Constitution: Key Differences | UPSC

India vs US constitutional comparison is a recurring theme in Indian polity, because the framers of the Indian Constitution borrowed selectively from the American model while adapting it to Indian conditions. The two constitutions converge on ideas such as judicial review and equality guarantees, yet diverge sharply on textual standards, amendment rigidity and citizenship design. These points of borrowing and departure are frequently tested in the UPSC syllabus on the Indian Constitution and comparative government.

Judicial Review: American Origins, Indian Adaptation

The power of courts to strike down laws that conflict with the Constitution is not stated explicitly anywhere in the text of the American Constitution. It emerged through interpretation in Marbury vs Madison (1803), where Chief Justice John Marshall held that the US Supreme Court could examine and invalidate laws inconsistent with the Constitution. This case is regarded as the origin of the doctrine of judicial review.

India adopted the same underlying idea but built it on a narrower textual foundation. In India, an executive order can be challenged before the Supreme Court or the High Courts on three specific grounds: that it infringes the Fundamental Rights in Part III, that it is outside the competence of the authority that framed it, or that it is repugnant to other constitutional provisions. Because judicial review in India operates through these defined grounds, its scope in practice is narrower than in the United States — even though the American Constitution itself does not name the doctrine anywhere in its own text.

Due Process of Law vs Procedure Established by Law

A key textual difference explains this gap. The American Constitution protects rights through "due process of law", while the Indian Constitution uses "procedure established by law". Due process lets the US Supreme Court void a law on substantive grounds of being unlawful, and also on procedural grounds of being unreasonable — testing both the content of a law and the fairness of the procedure behind it. "Procedure established by law" requires only that a validly enacted procedure be followed, giving Indian courts a narrower textual basis for review, unless read together with the Fundamental Rights.

Equality Before Law vs Equal Protection of Laws

Article 14 fuses two ideas from two different legal traditions. "Equality before law" is of British origin: no special privilege for any person, equal subjection of all persons to the ordinary law administered by ordinary courts, and no person — rich or poor, official or non-official — above the law. "Equal protection of the laws" is taken from the American Constitution: equal treatment under equal circumstances in the privileges conferred and liabilities imposed, similar application of the same laws to persons similarly situated, and like treatment for like persons. The British-origin idea is essentially negative, since it denies special privilege; the American-origin idea is positive, since it demands equal treatment among equals.

Article 15 builds on this foundation by barring the State from discriminating against any citizen on grounds of religion, race, caste, sex or place of birth, including in access to shops, restaurants, hotels, wells and bathing ghats.

Amending the Constitution: A Comparison in Rigidity

Aspect	Indian Constitution	American Constitution
State ratification threshold	Not less than half of the States, for matters listed in Article 368(2)	Three-fourths of the States
Matters needing State ratification	Manner of electing the President; distribution of Union-State executive/legislative powers; powers of the Supreme Court and High Courts; Seventh Schedule lists; representation of States in Parliament; Article 368 itself	Constitutional amendments generally
Amendment record	93 amendments over 56 years	—

Article 368(2) lists the categories above that require ratification by not less than half of the State Legislatures before the President can give assent. Though still a rigid safeguard, this threshold is more liberal than the American requirement of three-fourths of the States for a constitutional amendment.

This relative flexibility helps explain the pace of change: 93 amendments over 56 years, including two active stretches — ten amendments between 1974 and 1976, under strong single-party dominance by the Congress, and another ten between 2001 and 2003, despite a coalition government being in office.

Citizenship: A Single Status Fixed at Commencement

Articles 5 to 11 deal with citizenship as it stood at the commencement of the Constitution, on 26 January 1950. They identify four categories of persons who became citizens on that date: persons domiciled in India, migrants from Pakistan, persons who had migrated to Pakistan but subsequently returned to India, and persons of Indian origin residing outside India who sought citizenship.

Articles 5 and 6 also secure every citizen's right to reside and settle in any part of Indian territory. This guarantee is significant in contexts such as the Assamese agitation, where attempts to force out non-Assamese residents through violence ran contrary to this constitutional guarantee of free movement and settlement.

For persons of Indian origin who hold foreign citizenship, this framework is supplemented by the Overseas Citizen of India (OCI) Cardholder status, granted through registration by the Central Government. An OCI Cardholder is entitled to a multiple-entry lifelong visa and exemption from FRRO registration, but not to equality in public employment or eligibility for constitutional positions — rights reserved for citizens.

Reserved Representation in Legislatures

Alongside these individual guarantees, the Indian Constitution also builds in group-based political representation. Seats in the Lok Sabha are reserved for Scheduled Castes and Scheduled Tribes in proportion to population — currently 84 SC and 47 ST seats of 543. A similar framework extends to State Legislative Assemblies and local bodies, where one-third of seats in both rural and urban local bodies are additionally reserved for women.

UPSC Relevance

Prelims

Marbury vs Madison (1803) is associated with the origin of judicial review in the United States.
The distinction between "procedure established by law" (India) and "due process of law" (USA).
Lok Sabha reservation: 84 seats for Scheduled Castes and 47 for Scheduled Tribes out of 543.
Article 368(2) requires ratification by not less than half the States for the amendments it lists.

Mains

Compare the scope of judicial review in India and the USA, and explain why the Indian standard is considered narrower. (GS2)
Discuss how the Indian Constitution drew on British and American traditions to shape Article 14, distinguishing "equality before law" from "equal protection of laws". (GS2)
Examine the amendment procedure under Article 368 and account for the frequency of amendments to the Indian Constitution. (GS2)

FAQ

What is the origin of judicial review in the American constitutional system? It originates from Marbury vs Madison (1803), where the US Supreme Court held that it could examine and strike down laws inconsistent with the Constitution.

How is judicial review in India different from judicial review in the USA? Indian courts can act only on defined grounds — violation of Fundamental Rights, lack of competence, or repugnancy to constitutional provisions — and apply "procedure established by law" rather than the American "due process of law", narrowing the scope of review compared with the USA.

What is the difference between "equality before law" and "equal protection of laws"? "Equality before law" is British in origin and denies special privilege before the ordinary law; "equal protection of laws" is drawn from the American Constitution and requires equal treatment of persons who are similarly situated.

How many States must ratify an amendment under Article 368(2) in India, compared to the USA? India requires ratification by not less than half the States for the provisions listed in Article 368(2); the American Constitution requires three-fourths — making India's procedure comparatively more liberal.

Who is an Overseas Citizen of India (OCI) Cardholder? A Person of Indian Origin registered by the Central Government as an OCI Cardholder is entitled to a multiple-entry lifelong visa and exemption from FRRO registration, but not to equality in public employment or eligibility for constitutional positions.

Quick Revision

Judicial review origin (USA): Marbury vs Madison, 1803.
USA follows "due process of law"; India follows "procedure established by law".
"Equality before law" — British origin; "equal protection of laws" — American origin; both sit within Article 14.
Article 368(2): ratification by half the States (India) vs three-fourths (USA).
Indian Constitution amended 93 times in 56 years; ten amendments each in 1974-76 and 2001-03.
Citizenship: Articles 5-11; four categories fixed at commencement, 26 January 1950.
OCI Cardholder: lifelong multi-entry visa and FRRO exemption, but no public-employment equality or constitutional-office eligibility.
Lok Sabha reservation: 84 SC + 47 ST seats of 543; one-third seats reserved for women in local bodies.

Sources

Further Reference

For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:

M. Laxmikanth, Indian Polity (McGraw Hill) — the standard UPSC handbook.
D.D. Basu, Introduction to the Constitution of India (LexisNexis) — authoritative constitutional-law treatment.
The Constitution of India — Bare Act — the official text.

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Indian Constitution versus American Constitution

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