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UPSC Exam  >  UPSC Notes  >  Indian Polity for UPSC CSE  >  Laxmikant Summary: World Constitutions- 1

Laxmikant Summary: World Constitutions- 1 | Indian Polity for UPSC CSE PDF Download

American Constitution

The American Constitution is the Constitution of the United States of America which was formed in 1787 following the American Revolution (1775-1783). The Constitution was adopted in 1787 at the Philadelphia Convention and came into force in 1789. The salient features of the American Constitution are explained as follows:

Written Constitution

  • The American Constitution is a written document that was formed in 1787, following the American Revolution (1775-1783). 
  • It was adopted at the Philadelphia Convention and came into force in 1789. 
  • The Constitution is often regarded as a classic example of a written constitution, and it is the oldest among the existing written constitutions worldwide. 
  • It comprises a Preamble, 7 Articles, and 27 Amendments.

Philadelphia conventionPhiladelphia convention

Rigid Constitution (Amendment Process)

Amendments cannot be made by Congress in the same manner as ordinary laws. There are two methods for proposing amendments:

(i) An amendment can be proposed by a two-thirds vote in both Houses of Congress.
(ii) Alternatively, an amendment can be proposed by a constitutional convention called by Congress upon the petition of two-thirds of the state legislatures. Regardless of the method of proposal, an amendment must be ratified by three-fourths (38 out of 50) of the state legislatures within seven years. The rigorous amendment process demonstrates the Constitution's rigid nature, and it has been amended only 27 times since its promulgation in 1789.

Federal Constitution

  • The United States is a federal state, and its Constitution, adopted in 1787, established the USA as the first and oldest federal state in the modern world. The country is a federal republic comprising 50 states (originally 13 states) and the District of Columbia. 
  • The Constitution delineates the division of powers between the Federal (Central) Government and the State Governments. 
  • It grants limited and specified powers to the central government while reserving the residuary powers (not enumerated in the Constitution) for the states. 
  • Each state has its constitution, an elected legislature, a governor, and a Supreme Court.

Presidential Government


  • Head of State and Government: In the American presidential system, the President holds a dual role as both the head of state and the head of government. This unique position involves ceremonial duties as the symbolic leader of the nation and executive responsibilities as the chief of the government's administrative branch.
  • Election Process: The President is elected through an electoral college for a fixed term of four years. This electoral method provides a distinct process compared to parliamentary systems and emphasizes the President's independent mandate. Removal through impeachment is the sole avenue, ensuring a constitutional and serious basis for dismissal.
  • Cabinet and Advisory Body: The President governs with the assistance of the Cabinet, a group of appointed advisors, or a smaller advisory body known as the 'Kitchen' Cabinet. Comprising non-elected department secretaries, these officials are selected and appointed by the President, providing expertise and guidance in the decision-making process.
  • Presidential and Cabinet Independence: The President and Cabinet members operate independently of Congress. Unlike parliamentary systems where ministers may also be members of the legislature, the President and their advisors are not required to hold seats in Congress, fostering a distinct executive branch.
  • No Power to Dissolve House of Representatives: The American President lacks the authority to dissolve the House of Representatives, the lower house of Congress. This contrasts with certain parliamentary systems where the head of government can trigger new elections.
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Separation of Powers

  • Constitutional Basis: The American constitutional system is built upon the doctrine of the separation of powers. This principle ensures the distinctiveness of the legislative, executive, and judicial branches of government, preventing the concentration of power in a single organ.

  • Legislative Powers: Article I of the Constitution explicitly vests all legislative powers in Congress, establishing the autonomy of the legislative branch. This delineation prevents the executive from intruding into legislative functions.

  • Executive Powers: Article II grants executive powers to the President, designating the President as the chief executive. This separation allows the President to lead the administrative apparatus without direct interference from the legislative branch.

  • Judicial Powers: Article III establishes that judicial powers are vested in one Supreme Court and inferior courts as determined by Congress. This allocation of powers to the judiciary maintains its independence and separates it from the executive and legislative branches.

Checks and Balances

  • Veto Power: The President possesses the authority to veto bills passed by Congress, employing both Pocket Veto and Qualified Veto mechanisms. This power serves as a check on the legislative branch, requiring Congress to reconsider proposed legislation.

  • Senate Confirmation: Appointments made by the President, especially high-level appointments and international treaties, necessitate confirmation by the Senate. This ensures that significant executive decisions undergo scrutiny and approval by another branch.

  • Congressional Role in Judiciary: Congress determines the organization and appellate jurisdiction of the judiciary. This legislative role directly influences the structure and functioning of the judicial branch, emphasizing a system of checks and balances.

  • Presidential Appointments: While the President has the authority to appoint judges, this must be done with the Senate's consent. This shared responsibility prevents unilateral control over the judiciary, contributing to a balanced system.

  • Judicial Review: The Supreme Court has the power to declare congressional laws and presidential orders as ultra vires, ensuring that both legislative and executive actions adhere to constitutional principles. This judicial check safeguards against potential abuses of power.

Supremacy of Constitution and Judicial Review


  • Hierarchy of Laws: The American Constitution establishes a clear hierarchy of laws, with the written Constitution regarded as the highest or fundamental law of the land. This principle underscores the supremacy of constitutional provisions.

  • Constitutional Compliance: Statutes enacted by Congress and state legislatures must align with the Constitution. Any statutes conflicting with constitutional provisions can be declared ultra vires by the Supreme Court, rendering them null and void.

  • Judicial Review: The Supreme Court acts as the custodian of the Constitution through its power of judicial review. This authority allows the Court to assess the constitutionality of laws and executive actions, reinforcing the supremacy of the Constitution.

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Bill of Rights


  • Guarantee of Rights: The Bill of Rights, incorporated into the American Constitution, guarantees a comprehensive set of rights to individuals. These rights, including due process of law, serve as constraints on the authority of the government.

  • Due Process Clause: The Constitution ensures that no person can be deprived of life, liberty, or property without due process of law. The Supreme Court, through judicial review, acts as a protector of these fundamental rights, scrutinizing government actions for compliance with due process.

  • Amendments: The Bill of Rights, comprising the first ten amendments, was added in 1791. This addition marked a pivotal moment in constitutional history, solidifying the protection of individual rights within the constitutional framework.

Father of the Constitution Father of the Constitution 




Bicameralism


  • Congress Structure: The American Federal Legislature, known as Congress, is bicameral, consisting of two chambers—the Senate (upper house) and the House of Representatives (lower house).

  • Senate Composition: The Senate, with 100 members, has two representatives elected from each state to serve six-year terms. This structure reflects the federal nature of the United States, with each state having equal representation in the Senate.

  • House of Representatives: The House of Representatives, with 435 members, is elected from single-member constituencies for two-year terms. This larger chamber represents the population, emphasizing a different principle of representation.

  • Senate Power: The Senate is considered the more powerful chamber, reflecting its role as the upper house. Its distinctive characteristics, including equal state representation and a longer-term duration, contribute to its influence in the legislative process.

American President

Mode of Election

  • Constitutional Basis: The U.S. Constitution originally envisioned an indirect election of the President. This method aimed to strike a balance between the popular will and the need for a deliberative process.
  • Transformation to Direct Election: Over time, the rise of political parties and the introduction of political conventions have effectively transformed the election into a direct process, where voters have a more direct say in choosing the President.
  • Role of Electoral College: Despite the shift to direct elections, the Electoral College persists as the constitutional mechanism for formally electing the President. Each state appoints a group of Presidential Electors based on its representation in Congress.

Election Process

  • Composition of Electoral College: The Electoral College comprises members chosen by the people in each state, with the number of electors equivalent to the state's representation in both the House of Representatives and the Senate. An additional three votes are allocated to the District of Columbia.
  • Winning Threshold: To secure the presidency, a candidate must obtain a majority of electoral votes, which is 270 out of the total 538. This formula ensures that a candidate needs support from a broad geographic and demographic spectrum.
  • Distinct Entity: The members of the Electoral College are not themselves members of Congress; they form a specialized body convened solely to elect the President. After this task is complete, the Electoral College dissolves.

 George Washington George Washington

Qualifications, Terms, and Removal

  • Qualifications: The Constitution outlines three qualifications for presidential candidates: natural-born citizenship, a minimum age of 35 years, and residency in the U.S. for at least 14 years (not necessarily consecutively). These criteria aim to ensure a certain level of experience, commitment, and familiarity with the country.
  • Term: The President serves a fixed term of four years, starting on January 20th. The 22nd Amendment, ratified in 1951, imposes a limit of two terms or a maximum total of ten years, preventing any individual from holding the presidency for an extended period.
  • Reelection: While a President is eligible for reelection, the 22nd Amendment restricts them to one additional term.
  • Impeachment Process: The Constitution provides a mechanism for the removal of a President through impeachment for "treason, bribery, or other high crimes and misdemeanours." Impeachment proceedings begin in the House of Representatives with a majority vote.
  • Senate Trial: If the House approves impeachment, a trial takes place in the Senate, presided over by the Chief Justice of the Supreme Court rather than the Vice President. Removal requires a two-thirds majority vote in the Senate.
  • Historical Attempts: Despite several instances of impeachment attempts, no U.S. President has been removed from office through this process. Notable attempts include those against Andrew Johnson (1868), Richard Nixon (1974), Bill Clinton (1998), and two against Donald Trump (2019 and 2021).

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Power and Functions

  1. Enforcement of the Constitution and law: The President, as the Chief Executive, is constitutionally mandated to uphold and enforce the laws of the United States. This involves overseeing the implementation of federal laws, ensuring that they are faithfully executed across the nation. The President's duty to enforce the Constitution is vital for maintaining the rule of law and preserving the constitutional order.
  2. Supreme Commander of the Armed Forces: As the Supreme Commander of the Armed Forces, the President holds the highest authority over the military. This authority encompasses strategic decision-making, deployment of forces, and overall national defence policies. The principle of civilian control over the military is embodied in this power, emphasizing the President's role in determining the country's defence priorities.
  3. Appointment Authority: The President's power to appoint key officials, including judges, ambassadors, and heads of executive departments, is derived from the Constitution. This authority allows the President to shape the composition of critical institutions, influencing the judiciary, foreign relations, and the executive branch. It plays a pivotal role in defining the administration's character and policy direction.
  4. Formulation of Foreign Policy: The President, as the chief architect of U.S. foreign policy, has the responsibility to formulate and conduct diplomatic affairs. This involves making decisions on international relations, treaties, and engagements with other nations. The President's actions in foreign policy significantly impact global geopolitics and the country's standing on the world stage.
  5. Pardon and Reprieve Powers: The President's constitutional authority to grant pardons and reprieves provides a mechanism for executive clemency. This power allows the President to intervene in individual cases where there may be perceived injustices or overly severe punishments. It acts as a safeguard against potential flaws or harshness in the legal system.
  6. Veto Power: The President's veto power serves as a crucial check on the legislative branch. The President can approve or reject bills passed by Congress. The Qualified Veto and Pocket Veto options provide nuanced approaches, allowing the President to either outright reject a bill or let it become law without direct approval.
  7. Communication with Congress: The President's ability to communicate with Congress is a fundamental aspect of the executive-legislative relationship. By sending messages proposing legislative measures, the President can influence the legislative agenda, articulate policy priorities, and engage in dialogue with lawmakers. This power fosters collaboration between the branches of government.
  8. Special Sessions of Congress: The President's authority to call special sessions underscores the need for flexibility in responding to urgent matters. This power allows the President to convene Congress outside its regular schedule to address pressing issues. It ensures that the legislative branch can swiftly address emergent situations or critical developments.
  9. Budget Preparation: The President's role in preparing the national budget is a key aspect of fiscal governance. Crafting the budget involves setting spending priorities, allocating resources, and proposing financial policies. The President's budget submission to Congress reflects the administration's economic vision and policy goals, influencing national fiscal decisions.
  10. Executive Orders:  The President's power to issue executive orders enables efficient administration and policy implementation within the executive branch. These orders, deriving authority from statutes or the Constitution, allow the President to direct the actions of federal agencies, clarify existing laws, and respond promptly to emerging issues. Executive orders have the force of law but are subject to legal and constitutional constraints.
  11. Congressional Adjournment:  The President's authority to adjourn Congress in case of disagreement over adjournment dates serves as a mechanism to resolve legislative disputes. This power facilitates the smooth functioning of the legislative branch by preventing conflicts over procedural matters. It highlights the President's role in maintaining order within the legislative process and promoting cooperation between the two houses.

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British Constitution

The British Constitution, governing the United Kingdom of Great Britain and Northern Ireland, traces its roots to the unification of England and Wales in 1535, later incorporating Scotland in 1707 to form Great Britain. The establishment of the modern United Kingdom occurred in 1921. Recognized as the world's oldest constitutional system and often hailed as the oldest democracy, the British Constitution holds a historic legacy. It is affectionately known as the "Mother of Constitutions" for its pivotal role in shaping the principles and institutions of representative government. Notably, the British constitutional system is distinctive, embodying a harmonious blend of monarchy, aristocracy, and democracy, where these elements coexist and interact to shape the nation's constitutional framework.

United KingdomUnited Kingdom

Unwritten Constitution

Unlike the American Constitution, the British Constitution is mostly unwritten. The principles governing the distribution and exercise of governmental powers are not explicitly documented. Instead, they have evolved and are a product of historical development. Only a small portion of the British Constitution is covered by written documents.

Evolved Constitution
The British Constitution is not an enacted constitution but an evolved one. It has developed over centuries through a combination of historical events, accidents, and deliberate design. It is dynamic, adapting to changing circumstances, and has been shaped by the wisdom gained from experience.

  1. Constitutional Elements and Sources:
    Conventions

    • Conventions play a significant role in the British Constitution. These are unwritten principles and customary practices that have developed over time. They are not legally enforced but are crucial for the functioning of British political institutions.
    • Examples include the convention that the monarch should act on the advice of the Prime Minister and that the leader of the majority party in the House of Commons becomes the Prime Minister.
  2. Great Charters
    • Historical documents known as great charters or constitutional landmarks define the powers of the Crown and the liberties of citizens.
    • Important charters include the Magna Carta (1215), the Petition of Rights (1628), and the Bill of Rights (1689).
  3. Statutes
    • Laws passed by the British Parliament regulate the principles, structures, and functions of political institutions.
    • Examples include the Habeas Corpus Act (1679), the Statute of Westminster (1931), and the People's Representation Act (1948).
  4. Common Law
    • A body of judge-made laws that have evolved. Common law defines rules and principles related to government powers and their relationship with citizens.
    • These laws are accepted and enforced by judicial courts and have an almost immutable character.

  5. Legal Commentaries

    • Textbooks and commentaries written by constitutional experts provide insight into the British Constitution. They clarify the meanings and scope of constitutional principles.
    • Notable commentaries include A.V. Dicey's 'Law of the Constitution,' Bagehot's 'English Constitution,' and Blackstone's 'Commentaries on the Laws of England.

A.V. DiceyA.V. Dicey


Flexible Constitution

Unlike the American Constitution, the British Constitution is flexible. Amendments require no special procedure and can be made by Parliament like ordinary laws. The flexibility allows for adaptability to changing circumstances without a rigid amendment process.

Unitary Constitution


Great Britain operates as a unitary state, concentrating all government powers in a single supreme Central Government. Local governments exist for administrative convenience, deriving their authority from the Central Government and subject to its control.

Parliamentary Government

  • The British Constitution follows a parliamentary form of government where the executive arises from the legislature and remains accountable to it.
  • The monarch (King or Queen) is the nominal executive, while the Cabinet constitutes the real executive. The Prime Minister, the head of the government, is appointed by the monarch.
  • The majority party in the House of Commons forms the government, and its leader becomes the Prime Minister.
  • Ministers are individually and collectively responsible to the House of Commons for their actions, remaining in office as long as they enjoy majority support.
  • The monarch can dissolve the House of Commons based on the Prime Minister's advice.
  • Ministers, as members of the executive, are also members of the British Parliament, ensuring coordination between the executive and legislature.

Rishi Sunak ( Current Prime Minister of the UK)Rishi Sunak ( Current Prime Minister of the UK)

Sovereignty of Parliament

  • Sovereignty, or supreme power, resides with the British Parliament, making it a cardinal principle of the constitutional and political system.
  • The Parliament can make, amend, substitute, or repeal any law, having broad legislative authority.
  • Constitutional laws can be made using the same procedure as ordinary laws, eliminating a legal distinction between constitutional and ordinary legislation.
  • Parliamentary laws cannot be declared invalid by the judiciary as unconstitutional, reflecting the absence of judicial review in Great Britain.
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Rule of Law

The doctrine of the rule of law is a fundamental characteristic of the British constitutional system, emphasizing the supremacy of law and the limitation of government actions.
Three implications of the rule of law, as outlined by A.V. Dicey:
  • Absence of arbitrary power: No individual can be punished except for a breach of law.
  • Equality before the law: All citizens are equally subject to the ordinary law administered by the regular courts.
  • The primacy of individual rights: Individual rights stem from judicial decisions, making the Constitution a result of rights defined and enforced by courts, not the source of those rights.

Constitutional Monarchy

  • Great Britain functions as a constitutional monarchy, described as a limited hereditary monarchy. The hereditary monarch (King or Queen) holds the position of the head of state, with the Crown serving as the visible symbol of supreme executive power.
  • The monarch, while being the head of state, does not actively rule. The actual exercise of powers is carried out by the Cabinet, led by the Prime Minister. The Cabinet is collectively responsible to the Parliament and, ultimately, to the electorate.
  • The term 'constitutional monarchy' signifies a system where the monarchy operates within the bounds of a constitution, with real governing authority resting in elected representatives.
  • The distinction lies between the Crown as an institution (representing kingship) and the monarch as an individual. The monarch is mortal, while the Crown is considered immortal, symbolizing continuity. The phrase "the King is dead; long live the King" reflects this, signifying the survival of the institution of kingship despite changes in the person occupying the throne.
King Charles ( Current monarch of the UK)King Charles ( Current monarch of the UK)

Bicameralism


The British Parliament follows a bicameral structure, consisting of two houses: the House of Lords and the House of Commons:

  • House of Lords

    • Functioning as the upper house, the House of Lords is the world's oldest second chamber. It includes lords, peers, and nobles, representing the aristocratic element in the British political system.
    • At present, it comprises 677 appointed members, falling into various groups, with a predominantly hereditary composition.

  • House of Commons

    • Serving as the lower house but holding greater importance and power, the House of Commons is the world's oldest popular legislative body.
    • The House of Commons consists of representatives elected by the people through a universal adult franchise. Currently, there are 659 seats in the House of Commons, distributed among England, Wales, Scotland, and Northern Ireland based on their respective populations.
    • The House of Commons plays a central role in the legislative process, reflecting the democratic nature of the British political system.

British Cabinet


Composition

  • The British Cabinet, as per the parliamentary system, serves as the real executive authority and is headed by the Prime Minister. It typically includes around twenty senior ministerial colleagues.
  • Key members include the Prime Minister, Chancellor of the Exchequer, Lord Privy Seal, Chancellor of the Duchy of Lancaster, Lord President of the Council, President of the Board of Trade, Lord Chancellor, First Lord of Admiralty, Post Master General, Secretaries of State for various departments, and Ministers of Agriculture, Fisheries, Health, Pensions, Transport, and Labour.
  • Notably, the Attorney-General, Solicitor-General, Lord Advocate, and Paymaster-General are not Cabinet members.

Privy Council

The Privy Council has a close relationship with the Cabinet. Originally an advisory body to the monarch, most of its powers have shifted to the Cabinet. It comprises 330 members, including all Cabinet ministers (past and present) and is presided over by the Lord President of the Council.

Prime Ministerial Government

  • Historically, the relationship between the Prime Minister and the Cabinet was characterized as 'Primus inter pares' (first among equals). However, in recent times, the Prime Minister's power and influence have increased significantly, leading to the term 'Prime Ministerial Government.' The Prime Minister now plays a dominant role in the British politico-administrative system.

Shadow Cabinet

  • A unique institution in the British Cabinet system, the Shadow Cabinet is formed by the opposition party to balance the ruling Cabinet and prepare its members for potential ministerial roles.
  • The opposition is officially recognized and organized similarly to the government. The Shadow Cabinet mirrors the ruling Cabinet, with each opposition member "shadowing" a corresponding government member.
  • Members of the Shadow Cabinet closely observe and critique the work of their government counterparts. This system ensures readiness for potential government roles in case of a change in leadership.
  • The leader of the opposition is sometimes referred to as the 'alternative' Prime Minister, enjoying ministerial status and government remuneration.

These aspects highlight the structure and dynamics of the British Cabinet system, reflecting the evolution of its roles and the interplay between the Prime Minister and the Cabinet.

British CabinetBritish Cabinet



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French Constitution

Historical Context

  • French Revolution Impact: The French Revolution, spanning from 1789 to 1799, had a profound impact on shaping the trajectory of the French constitutional system. It marked a period of radical political and social change, with a focus on principles like liberty, equality, and fraternity.

  • Constitutional Changes: Post the French Revolution, France experienced significant turbulence and underwent multiple constitutional transitions. These included the adoption of various constitutional forms, such as monarchic constitutions during the Bourbon restoration, dictatorial regimes like those under Napoleon, imperial constitutions during the Napoleonic era, and several republican constitutions.

  • Fifth Republic: The current French Constitution, establishing the Fifth Republic, came into force in 1958. This constitution, drafted under the guidance of General Charles de Gaulle, aimed to provide France with a stable and strong government, especially in the context of the Algerian crisis.

French RevolutionFrench Revolution

Structure of the Fifth Republic Constitution

  • Written Constitution: The French Constitution, like its American counterpart, is a written document. Originally, it consisted of a Preamble and 92 Articles divided into 15 chapters. This written nature provides a clear and explicit framework for the functioning of the state.

  • Democratic Values: The Preamble of the Constitution is significant as it declares the motto of the Fifth Republic to be "Liberty, Equality, and Fraternity." These principles underscore the core democratic values that form the foundation of the French state.

  • Republic Declaration: The Constitution explicitly states that France is an indivisible, secular, democratic, and social republic. This declaration reflects the commitment to the principles of unity, secularism, democracy, and social justice in the governance of the nation.

Rigidity of the Constitution

  • Rigid Nature: In contrast to the flexible nature of the British Constitution, the French Constitution is considered rigid. This rigidity implies that the process of amending the constitution involves special procedures, ensuring that changes are deliberate and significant.

  • Amendment Process: Amendments to the French Constitution can be made by the Parliament through a 60% majority vote in both houses. Alternatively, the President has the authority to call for a national referendum on proposed constitutional amendments. However, the republican form of government in France is safeguarded and cannot be amended, indicating a commitment to the republican principles.

  • Republican Permanence: The Constitution's rigid nature also ensures the permanence of the republican form of government. This means that the fundamental structure and principles of the French Republic, as established in the constitution, remain unalterable, preventing any shift back to a monarchical system.House of FranceHouse of France

Unitary Nature

  • Unitary State: France is characterized as a unitary state, indicating that there is no constitutional division of powers between the central and local governments. Unlike federal systems, all powers are concentrated at the central level.

  • Centralized Power: The unitary nature of the French Constitution centralizes power in the single supreme Central Government, which is located in Paris. This centralization contrasts with federal systems where power is shared between central and regional authorities.

  • Administrative Control: Local governments in France exist at the discretion of the Central Government and can be created or abolished for administrative convenience. This administrative control enhances the unitary character of the French state, making it more unitary than even the British system, which has a degree of devolution to regional entities.

Quasi-Presidential and Quasi-Parliamentary System

  • Unique Blend: The French Constitution incorporates elements of both presidential and parliamentary systems, creating a distinctive hybrid model. This design aims to balance executive strength and legislative oversight.

  • Powerful President: The President, elected directly by the people for a five-year term, holds considerable executive powers. This includes the ability to shape foreign policy, appoint the Prime Minister, and dissolve the National Assembly.

  • Council of Ministers: Concurrently, there is a council of ministers led by the Prime Minister, who is accountable to the Parliament. This dual executive structure ensures a check on presidential authority.

  • Separation of Powers: To maintain a clear separation of powers, ministers in the council are not allowed to be members of Parliament. This prevents a potential conflict of interest and reinforces the independence of the executive and legislative branches.

Bicameralism


  • Two Chambers: The French Parliament consists of two chambers, the National Assembly (lower house) and the Senate (upper house), providing a system of checks and balances.

  • National Assembly: Comprising 577 directly elected members with five-year terms, the National Assembly is more dominant. It plays a crucial role in legislative processes and budget approval.

  • Senate: With 348 indirectly elected members serving six-year terms, the Senate acts as a revising chamber, offering a more deliberative and reflective role in the legislative process.

  • Asymmetrical Power: The National Assembly's supremacy over the Senate reflects an intentional imbalance, emphasizing the importance of the directly elected lower house.

Rationalized Parliament


  • Limited Powers: The French Parliament has restricted legislative powers, focusing on areas explicitly outlined in the Constitution. This limitation aims to avoid parliamentary overreach.

  • Executive Decrees: On matters not covered by the Constitution, the government can legislate through executive decrees. This grants the executive branch flexibility but is also a deliberate check on the parliamentary authority.

  • Delegation of Powers: Parliament can delegate law-making powers to the executive, providing a mechanism for efficient decision-making. However, this delegation is subject to defined boundaries to prevent an unchecked concentration of power.

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Constitutional Council


  • Watchdog Function: The Constitutional Council acts as a judicial watchdog, ensuring that laws and executive decrees align with the provisions of the Constitution.

  • Nine Members: The Council comprises nine members appointed for nine-year terms, selected for their legal expertise. This ensures a diverse and knowledgeable composition.

  • Advisory Role: While the Constitutional Council's opinions hold significant weight, they are advisory rather than binding. This maintains a balance, allowing the legislative and executive branches some leeway in decision-making.

Emmanuel Macron (president of France )Emmanuel Macron (president of France )

Recognition of Political Parties


  • Acknowledgement: The French Constitution explicitly recognizes the role of political parties, signifying their legitimacy and importance in the political process.

  • Normalization: Unlike earlier Republican Constitutions, which often ignored or downplayed political parties, this recognition normalizes their existence, considering them a natural part of political life.

  • Principles of Respect: Political parties are required to adhere to the principles of national sovereignty and democracy. This acknowledges their role as responsible actors in the democratic system, contributing to the stability of the political landscape.

French President


Mode of Election

  • Original System (Pre-1962): The President was initially chosen through an indirect election process involving an electoral college. This college comprised representatives from three categories: members of Parliament, representatives of local authorities, and representatives from overseas territories.

  • 1962 Amendment: A constitutional amendment in 1962 brought about a significant change, allowing for the direct election of the President by universal suffrage. This alteration aimed to enhance the democratic nature of the presidential election.

  • Election Process: In the direct election system, a candidate must secure an absolute majority of the votes to win. If no candidate achieves this in the initial ballot, a second round is held, featuring the top two candidates from the first round.

Tenure and Removal

  • Five-Year Term: The President serves a term of five years. While re-election is permissible, it is limited to one consecutive term. The five-year tenure provides stability while the restriction on consecutive terms prevents the consolidation of excessive power.

  • No Prescribed Qualifications: Interestingly, the French Constitution does not set specific qualifications, including a minimum age limit, for individuals seeking the presidential office. This lack of explicit requirements reflects a focus on democratic representation.

  • Temporary Replacement: In the event of a vacant presidency, temporary functions are performed by the President of the Senate. If the Senate President is unavailable, the government takes on temporary responsibilities, ensuring continuity in governance.

Impeachment and Removal

  • Impeachment for High Treason: The President can face removal from office before completing the five-year term through an impeachment process. This impeachment is specifically for high treason, highlighting the gravity of the charges required for such action.

  • Parliamentary Process: The impeachment resolution necessitates approval by an absolute majority in both Houses of Parliament. Following this parliamentary indictment, the President undergoes a trial in the High Court of Justice, ensuring a thorough examination of charges before removal.

Powers and Functions

  • Central Role: The President assumes a pivotal role in the political system, acting as the head of state, leader of the nation, and symbol of national unity. This central position reflects the President's significance in the French political landscape.

  • Appointment of Prime Minister: The President holds the authority to appoint the Prime Minister, a crucial executive position. Additionally, the acceptance of the Prime Minister's resignation underscores the President's influence over the executive branch.

Gabriel Attal (Prime Minister of France)Gabriel Attal (Prime Minister of France)

  • Council of Ministers: The President appoints and dismisses other members of the government, forming the Council of Ministers. This authority, exercised based on the Prime Minister's advice, enables the President to shape the composition of the executive team.

  • Presiding Over Cabinet Meetings: By presiding over Council of Ministers meetings, the President gains a direct opportunity to influence, guide, direct, and control the policies of the government. This hands-on approach underscores the President's active role in governance.

  • Appointments: The President has the power to make appointments to both civil and military posts of the state. This authority extends to key positions within the government, reinforcing the President's role in shaping the administrative apparatus.

  • Commander-in-Chief: Holding the position of commander-in-chief of the armed forces, the President plays a critical role in national defence and military matters. This underscores the President's authority in ensuring the security of the nation.

  • Treaties and Diplomacy: The President negotiates and ratifies treaties, demonstrating a direct involvement in international relations. Additionally, the President sends and receives diplomats, contributing to France's diplomatic standing on the global stage.

  • National Defense: Presiding over higher councils and committees of national defence, the President exercises leadership in strategic matters. This involvement reinforces the President's role as a key figure in safeguarding national security.

  • Representation of French Community: The President represents the French community, emphasizing a unifying and inclusive role. This representation extends beyond political boundaries to encompass the broader identity of the French people.

  • Constitutional Council Appointments: The President appoints the President and three members of the Constitutional Council, a body responsible for constitutional review. This authority underscores the President's influence in shaping the judiciary and upholding constitutional principles.

  • Promulgation of Laws: The President plays a crucial role in the legislative process by promulgating laws within fifteen days following their final adoption by Parliament. While the President can request reconsideration of a law before the end of this period, Parliament cannot refuse this reconsideration, highlighting a balance between the executive and legislative branches.

  • Messaging Parliament: The President can send messages to Parliament, providing a means of communication between the executive and legislative branches. Additionally, the ability to summon special sessions reflects the President's influence in setting the parliamentary agenda.

  • Referendum Authority: The President holds the authority to submit government bills to a referendum, either during parliamentary sessions or on the joint proposal of both Houses of Parliament. If approved in the referendum, the President is obliged to promulgate the bill within fifteen days.

  • Ordinances and Decrees: The President signs ordinances and decrees that have been considered by the Council of Ministers, finalizing the legislative process. This signing authority demonstrates the President's role in enacting executive decisions into law.

  • Right to Pardon: The President holds the authority to grant pardons, demonstrating executive clemency. This power allows the President to forgive or reduce the punishment of individuals convicted of crimes, emphasizing a role in the justice system.
  • Higher Council of the Judiciary: The President holds a central role in the Higher Council of the Judiciary, presiding over the body, directly appointing nine of its members, and serving as the guardian of judicial independence, emphasizing a direct and pivotal involvement in shaping and safeguarding the judiciary. 
  • Special Powers for Emergencies: The President possesses special emergency powers, offering a mechanism for effective crisis management, and employs a consultative approach, engaging with key figures such as the Prime Minister, Presidents of the two Houses of Parliament, and the Constitutional Council, ensuring a balanced and collaborative response to emergencies.
  • Dissolution of the National Assembly: The President wields the authority to dissolve the National Assembly, a pivotal political action, and engages in a consultative process by conferring with the Prime Minister and the Presidents of the two Houses of Parliament, thereby fostering a collaborative decision-making approach that involves key stakeholders. 
  • Limitations Imposed: The Constitution imposes a limitation on the President, prohibiting the dissolution of the National Assembly more than once in twelve months to prevent frequent disruptions. Additionally, an emergency exception is in place, barring the dissolution of the National Assembly during critical situations, thereby ensuring political stability. 
  • Presidential Discretion: Notably, the President is not obligated to follow the advice of the Prime Minister and the Presidents of the two Houses. The President can also refuse a dissolution when requested by the Prime Minister, showcasing a degree of presidential discretion in this matter. This discretionary power adds a layer of complexity to the dissolution process, allowing the President to consider broader political implications.

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FAQs on Laxmikant Summary: World Constitutions- 1 - Indian Polity for UPSC CSE

1. What is the difference between the American Constitution and the British Constitution?
Ans. The American Constitution is a written document that outlines the structure of government and the rights of its citizens, while the British Constitution is unwritten and is based on statutes, common law, and conventions.
2. How is the American President elected?
Ans. The American President is elected through the Electoral College system, where each state is allocated a certain number of electors based on its representation in Congress.
3. What powers does the British Cabinet hold in the government?
Ans. The British Cabinet is responsible for making government policy decisions and implementing them, as well as advising the Prime Minister on various issues.
4. How does the French President differ from the American President in terms of powers?
Ans. The French President holds more executive powers compared to the American President, as the French President is both the head of state and head of government, while the American President shares powers with Congress.
5. How does the French Constitution differ from the American Constitution in terms of rights and freedoms?
Ans. The French Constitution emphasizes equality and fraternity, while the American Constitution focuses on individual rights and freedoms.
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