Laxmikant Summary: World Constitutions - 2 | Indian Polity for UPSC CSE PDF Download

1. Formation of the USSR and Background

   
   

   • The Soviet Union (USSR), also known as the state of the USSR, was formed in 1917 following the Russian Revolution (Bolshevik Revolution) led by V.I. Lenin.
   • The October 1917 Revolution marked the creation of the first socialist state with the goal of communism.

2. Four Constitutions of the USSR

   
   

   • The USSR adopted a total of four Constitutions over its existence, in 1918, 1924, 1936 (known as the Stalin Constitution), and 1977 (referred to as the Brezhnev Constitution).
     
     Joseph Vissarionovich Stalin 

3. Principles of Marxism-Leninism

   
   

   • The constitutional system of the USSR was fundamentally based on the principles and ideologies of Marxism-Leninism.
   • The Communist Party played a dominant role in both the political and administrative aspects of the Soviet Union.
     
     Karl Marx

The salient features of the Soviet Constitution of 1977 are explained as follows:

1. Written Constitution

   
   

   • Similar to the American and French Constitutions, the Soviet Constitution of 1977 was a written document. It was drafted by a committee led by Leonid Brezhnev and comprised 20 chapters with 174 Articles divided into 9 parts.

2. Rigid Constitution

   
   

   • The Soviet Constitution was rigid, requiring a special procedure for amendment. Amendments could only be made by the legislature of the USSR (Supreme Soviet) with a two-thirds majority in each house.
     
     Leonid Brezhnev

3. Socialist Nature

   • The constitution laid the foundation of a socialist state. It defined the USSR as a socialist state expressing the will and interests of workers, peasants, and intelligentsia. The economic system was based on socialist ownership of the means of production.

4. Federal Structure

   • The constitution established a federal state consisting of 15 Union Republics, including Russia, Ukraine, Belarus, Uzbekistan, Kazakhstan, Georgia, Azerbaijan, Lithuania, Moldavia, Latvia, Kyrgyzstan, Tajikistan, Armenia, Turkmenistan, and Estonia.

   • Division of Powers

     
     

   • Powers were divided between the Centre and the Union Republics, with enumerated powers for the Centre and residual powers given to the Republics, similar to the setup in the USA.

5. Right to Secede

   • Each Union Republic had its own separate Constitution, conforming to the USSR Constitution, and the right to secede from the USSR was acknowledged.
   • Autonomous Entities: Within Union Republics, there existed autonomous republics (20), autonomous regions (8), and autonomous areas (10), each with varying degrees of autonomy, contributing to the concept of the USSR as a 'Federation of Federations.'

6. Parliamentary Government in the USSR:

   • The USSR Constitution established a parliamentary form of government.
   • The Council of Ministers was elected by the Supreme Soviet (legislature of the USSR) and was accountable to it for policies and actions.
   • The Supreme Soviet had the authority to remove Ministers from their offices.
   • The Constitution explicitly stated that the Council of Ministers, headed by the Premier, is the highest executive and administrative authority of the USSR.

7. Bicameralism in the USSR

    

   • The USSR Constitution provided for a bicameral legislature known as the Supreme Soviet.
   • The Supreme Soviet consisted of two houses: the Soviet of the Union (lower House) and the Soviet of the Nationalities (upper House).
   • Both houses had an equal number of members (750 each) directly elected every five years.
   • The lower house represented the nation, while the upper house represented the units of the Soviet Federation.
   • Both houses held equal and coordinated powers in all policy matters.

8. Presidium of the Supreme Soviet:

    

   
   Governing Body
   • The Presidium was elected by the Supreme Soviet, constitutionally the highest body of state authority in the USSR.
   • It functioned as the Standing Committee of the Supreme Soviet and served as the collective presidency of the USSR.
   • The Presidium consisted of 39 members, including a Chairman, First Vice-Chairman, 15 Vice Chairmen representing the 15 Union Republics, a Secretary, and 21 members.
     Functions
   • The Chairman (President) of the Presidium was the formal head of the State of the USSR.
   • The Presidium performed collective functions, combining executive, legislative, diplomatic, military, and judicial roles.
   • Its multifarious functions and plural character led to the description of the Presidium as the '20th Century Innovation.'

9. One-Party Dictatorship in the USSR

   • The USSR Constitution highlighted the monopoly of political power held by the Communist Party of the Soviet Union (CPSU).
   • The CPSU was declared the leading and guiding force of Soviet Society, the nucleus of the political system, and determined the general perspectives of societal development and foreign policy.
   • The Constitution emphasized the CPSU's role in serving the people and steering the course of home and foreign policy.

10. Democratic Centralism

    • The USSR Constitution outlined the principle of democratic centralism as the organizational principle of the Soviet state.
    • It emphasized the electiveness of all state bodies from the lowest to the highest and their accountability to the people.
    • The principle combined central leadership with local initiative and creative activity while ensuring the responsibility of each state body and official to adhere to decisions made by higher bodies.
    • Democratic centralism applied to both governmental organization (hierarchy of the Soviets) and the Communist Party organization.
      
      
      USSR map

11. Fundamental Rights

    
    The USSR Constitution ensured diverse economic, social, personal, cultural, and political rights for all citizens, irrespective of nationality, race, or gender. Rooted in socialist principles, these rights aimed at establishing a collective system. Their enjoyment was designed to align with societal interests, preventing detriment to the state or fellow citizens.
    The list of fundamental rights provided by the Soviet Constitution is as follows: 

    1. Right to Work: Citizens had the right to employment, emphasizing the socialist principle of contributing to the collective effort.

    2. Right to Rest and Leisure: Ensured citizens had the right to leisure and relaxation, reflecting the commitment to a balanced lifestyle.

    3. Right to Health Protection: Guaranteed access to healthcare services, emphasizing the socialist principle of providing for the well-being of all citizens.

    4. Right to Maintenance in Old Age, Sickness, and Disability: Provided economic security for individuals in times of vulnerability, aligning with socialist values of societal support.

    5. Right to Housing: Ensured access to housing, reflecting the commitment to addressing citizens' basic needs within the socialist framework.

    6. Right to Education: Guaranteed the right to education, emphasizing the socialist idea of equal access to knowledge for all citizens.

    7. Right to Enjoy Cultural Benefits: Acknowledged the importance of cultural development, reflecting the socialist emphasis on the enrichment of citizens' lives.

    8. Freedom of Scientific, Technical, and Artistic Work: Encouraged citizens to engage in intellectual and creative pursuits, fostering innovation and cultural development.

    9. Right to Participate in the Management and Administration of State and Public Affairs: Provided citizens the right to actively engage in decision-making processes, aligning with socialist ideals of collective governance.

    10. Right to Submit Proposals to State Bodies and Public and Social Organizations: Allowed citizens to contribute ideas and suggestions to governmental and social institutions, promoting a participatory system.

    11. Freedom of Speech, Press, Assembly, Meetings, Street Processions, and Demonstrations: Emphasized citizens' freedom of expression, essential for democratic engagement and socialist discourse.

    12. Right to Associate in Public and Social Organizations: Encouraged citizens to join various organizations, promoting collective activities and social cohesion.

    13. Freedom of Conscience: Protected citizens' rights to their individual beliefs, reflecting the importance of personal autonomy.

    14. Right to Seek Family Protection: Ensured the well-being and protection of families, aligning with socialist values of social stability.

    15. Right to Inviolability of Person and House: Protected individuals from unwarranted intrusion into their personal lives, emphasizing privacy and security.

    16. Right of Privacy of Citizens: Further safeguarded individuals' personal space and information from undue interference.

    17. Right to Protection by the Court: Guaranteed access to legal remedies, ensuring justice and fairness in the socialist legal system.

    18. Right to Appeal Against the Actions of Officials, State Bodies, and Public Bodies: Allowed citizens to challenge actions perceived as unjust, fostering accountability within the socialist system.

12. Fundamental Duties

    In addition to fundamental rights, the Constitution mandated fundamental duties, asserting that citizens' exercise of rights and freedoms was inseparable from fulfilling these obligations. This symbiotic relationship underscored the importance of civic responsibility and collective engagement in upholding the principles outlined in the Constitution. 

    The following is the list of the fundamental duties contained in the Constitution:

    1. To Observe the Constitution of the USSR and Soviet Laws: Emphasized citizens' responsibility to abide by the legal framework, ensuring a stable and orderly society.

    2. To Observe Labour Discipline: Encouraged a disciplined work ethic, vital for the success of socialist economic and industrial goals.

    3. To Preserve and Protect Socialist Property: Highlighted citizens' duty to safeguard collective property, contributing to the stability of the socialist system.

    4. To Safeguard the Interests of the Soviet State: Stressed the importance of individual actions aligning with the broader interests of the socialist state.

    5. To Defend the Socialist Motherland: Mandated citizens to actively participate in the defense of the socialist nation, reflecting a commitment to collective security.

    6. To Render Military Service: Made military service a duty, ensuring the nation's defence and the protection of socialist principles.

    7. To Respect the National Dignity of Other Citizens: Encouraged mutual respect among citizens, fostering a sense of unity and shared national identity.

    8. To Respect the Rights and Lawful Interests of Other Persons: Emphasized the importance of respecting the rights and interests of fellow citizens, promoting social harmony.

    9. To Protect Nature and Conserve its Richness: Highlighted citizens' duty to preserve the environment, aligning with socialist values of sustainable development.

    10. To Preserve Historical Monuments and Other Cultural Values: Encouraged the preservation of cultural heritage, reflecting the significance of history in socialist identity.

    11. To Promote and Strengthen World Peace: Placed an obligation on citizens to contribute to global peace efforts, aligning with socialist ideals of international cooperation.
        

Russian Constitution

1. Sovereign and Multi-Ethnic State

   
   

   • The declaration of Russia as a sovereign state emphasizes its independence and autonomy. The recognition as a multi-ethnic state reflects the diverse composition of its population, acknowledging various ethnicities, languages, and cultures within its borders.

2. Federal Structure

   
   

   • The federal structure of Russia signifies the distribution of powers between the central government and regional entities. The 21 Republics, 6 Territories, 49 Regions, 10 Autonomous Areas, and 2 Cities with federal status highlight the administrative diversity and autonomy granted to different regions within the country.
     
     Russia map

3. Liberal-Democratic Order

   
   

   • The establishment of a liberal-democratic order underscores the commitment to individual rights and freedoms. This shift from a totalitarian system signifies a move towards a political and social framework that respects the rule of law, protects civil liberties, and promotes democratic principles.

4. Multi-Party System

   
   

   • The introduction of a multi-party system allows for the existence of various political parties, promoting political pluralism and representation. Free and fair periodic elections ensure that citizens can choose from a range of political options, contributing to a democratic political landscape.

5. Separation of Powers

   
   

   • The separation of powers among the legislative, executive, and judicial branches ensures that no single branch dominates the government. This separation is crucial for preventing abuse of power, promoting accountability, and maintaining a system of checks and balances where each branch serves distinct functions.

6. Bicameral Legislature (Federal Assembly)

   
   

   • The Federal Assembly, consisting of the Federation Council and the State Duma, embodies the bicameral structure. The Federation Council, with its members representing territorial units, contributes to regional representation, while the State Duma, directly elected by the people, represents the national electorate. This system aims to balance regional and national interests.

7. Presidential Head of State

   
   

   • As the head of the state, the President is elected through universal suffrage for a four-year term. Holding executive authority and serving as the Commander-in-Chief of the armed forces, the President plays a pivotal role in shaping and implementing national policies.
     
     
     Vladimir Vladimirovich Putin

8. Prime Minister and Federal Ministers

   
   

   • The President's authority to appoint the Prime Minister and other Federal Ministers, based on the Prime Minister's advice, ensures a cohesive executive branch. The President's power to dismiss the Prime Minister or other Ministers allows for flexibility in responding to changing political circumstances.

9. Constitutional Court

   
   

   • The Constitutional Court, with its 19 members, serves as a judicial body to review the constitutionality of governmental actions. It plays a crucial role in upholding the rule of law by ensuring that legislative and executive decisions align with the provisions of the Constitution.

10. Impeachment Process

    
    

    • The impeachment process provides a mechanism for holding the President accountable. The Federal Assembly's authority to initiate impeachment on charges of high treason or grave crime, requiring a two-thirds majority vote in both houses, establishes a rigorous but essential process for the removal of the President in case of serious misconduct. This ensures a balance between the executive and legislative branches.

Chinese Constitution

• After the Communist Revolution (New Democratic Revolution) spearheaded by the Communist Party of China (CPC), under the leadership of Chairman Mao Zedong, the People's Republic of China was officially established in 1949. In the subsequent years, China underwent significant political and constitutional developments, marked by the adoption of four distinct constitutions in 1954, 1975, 1978, and 1982.
• The fourth and current constitution, promulgated in 1982, was a result of meticulous drafting by the National Constitution Revision Committee established by the National People's Congress (NPC). This constitutional process involved a series of steps aimed at ensuring broad representation and approval. After approval by the Standing Committee of the NPC, the draft constitution was opened for nationwide discussions, involving the active participation of the Chinese populace.
• Following this extensive deliberative process, the draft constitution received final adoption by the National People's Congress (NPC). The official announcement of its implementation came on December 4, 1982. This constitution stands as the foundational legal document that governs the structure of the state, defines the rights and responsibilities of its citizens, and outlines the principles that guide the nation's governance. Through this constitutional journey, China has not only experienced political transformation but has also institutionalized a legal framework that reflects its evolving socio-political landscape.
  
  Great hall of the people

Its salient features are as follows:

1. Written Constitution

   
   

   • The Chinese Constitution is a written document, providing a formal and organized framework for the governance of the People's Republic of China. Originally, it consisted of a Preamble and 138 Articles divided into four chapters. The written nature of the constitution serves as a legal foundation, outlining the structure of the government, the rights of citizens, and the principles guiding the state.

2. Rigid Constitution

   
   

   • The rigidity of the Chinese Constitution refers to the presence of a special procedure for its amendment. Unlike flexible or unwritten constitutions, a rigid constitution is not easily changed. In the case of China, amendments require the approval of the National People's Congress (NPC) by a two-thirds majority of its membership. Proposals for amendments can be initiated by either the Standing Committee of the NPC or by at least one-fifth of the total deputies (members) of the NPC. This rigidity is designed to ensure that changes to the fundamental law are approached with careful consideration.

3. Socialist Constitution

   
   

   • The Chinese Constitution is characterized as socialistic, reflecting the ideological foundations of the state. It establishes the People's Republic of China as a socialist state governed by a people's democratic dictatorship led by the working class. The constitution emphasizes the alliance of workers and peasants as a key component of this socialist system. It declares socialism as the fundamental system of China, with leadership by the Communist Party being a defining feature. The constitution explicitly prohibits any organization or individual from damaging the socialist system, underscoring the commitment to socialist principles.

   • Additionally, the term "socialism with Chinese characteristics" signifies that China adapts socialist principles to its specific historical, cultural, and developmental context. This concept recognizes the unique path that China takes within the broader framework of socialist ideology.

   • The constitution's emphasis on a people's democratic dictatorship reflects the Marxist-Leninist ideology, where power is concentrated in the hands of the working class and exercised on behalf of the people.

   • It is important to note that the socialist nature of the Chinese Constitution has evolved over time, especially with economic reforms and opening-up policies initiated in the late 20th century.

4. Unitary Constitution

   
   

   • The Chinese Constitution establishes a unitary state, diverging from a federal structure. The Preamble explicitly declares that China is a unitary multinational state collectively built by all its nationalities. Unlike federal states, there is no division of powers between central and provincial governments. All powers are concentrated in a single supreme central government located in Beijing. Provincial governments derive their authority from the central government through delegation, and they can be created or abolished by the central government for administrative convenience.

5. Parliamentary Government

   
   

   • The Chinese constitution adopts a parliamentary form of government. The State Council of China, serving as the executive organ of the highest state power (i.e., the NPC - National People's Congress), is the highest state administrative organ. The State Council, led by a Premier, is accountable to the NPC and reports on its work to the NPC. The Premier is chosen by the NPC based on the nomination of the President of China, and other members of the State Council are selected by the NPC upon the Premier's nomination.

   • The President of China, elected by the NPC for a term of 5 years, holds a ceremonial executive position. The President appoints or removes the Premier and other State Council members based on NPC decisions. However, the authority of the President is more ceremonial in nature, distinct from the executive powers wielded by counterparts like the Indian Prime Minister or the British Prime Minister.

6. Unicameralism

   
   

   • The Chinese constitution establishes a unicameral legislature, namely the NPC (National People's Congress). Constitutionally, the NPC is the highest state organ of power, exercising legislative authority for the State. Deputies to the NPC are elected from provinces, autonomous regions, cities directly under the jurisdiction of the central government, special administrative regions, and the armed forces.

   • The number of deputies and the election procedures are stipulated by law, leading to variations in the deputy count, which is approximately 3,000. The NPC operates on a 5-year term, and its permanent organ is the Standing Committee, consisting of around 200 members. The Standing Committee plays a crucial role in legislative functions and decision-making processes.

7. Communist Party Leadership

   
   

   • The Chinese constitution officially recognizes a multi-party system in the country. However, it explicitly establishes the leadership role of the Communist Party of China (CPC). The Preamble underscores that the system of multi-party cooperation and political consultation, under the leadership of the CPC, will persist and evolve into the future.

   • It highlights the commitment of the Chinese people, across all ethnic groups, to continue under the guidance of key ideological principles such as Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the Theory of Three Represents, the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era. The objective is to uphold the people's democratic leadership, adhere to the socialist path, and develop the socialist market economy.
     Xi Jinping

   • Furthermore, Article 1 of the constitution explicitly declares that leadership by the CPC is the defining feature of socialism with Chinese characteristics. This emphasizes the pivotal role of the Communist Party in shaping the political and economic trajectory of the country.

8. Democratic Centralism

   
   

   • The Chinese constitution articulates the practice of the principle of democratic centralism within state institutions. The National People's Congress (NPC) and local people's congresses at all levels are established through democratic elections, accountable to the people, and subject to their oversight.

   • Additionally, administrative, supervisory, adjudicatory, and procuratorial organs of the state are created by the people's congresses, responsible to them, and subject to their oversight. The constitution emphasizes the division of functions and powers between central and local state institutions while honoring the principle of giving full play to the initiative and motivation of local authorities under the unified leadership of the central authorities.

9. Fundamental Rights

   
   

   • The Chinese constitution guarantees a comprehensive set of rights to the citizens of China, covering civil, political, personal, economic, social, and cultural dimensions. However, the enjoyment of these rights is conditioned upon not undermining the interests of the state, society, collectives, or the rights of other citizens.

   • The enumerated list of rights includes:

     1. Right to equality before the law
     2. Right to vote and stand for election
     3. Freedom of speech, press, assembly, association, procession, and demonstration
     4. Freedom of religious belief
     5. Rights to inviolability of person and house
     6. Right to personal dignity
     7. Freedom and confidentiality of correspondence
     8. Right to criticize
     9. Right to file complaints
     10. Right to receive compensation
     11. Right to work
     12. Right to rest
     13. Right to livelihood of retirees
     14. Right to material assistance in old age, sickness, and disability
     15. Right to education
     16. Freedom of scientific research, literary and artistic creation, and other cultural pursuits.
     17. Right of women to enjoy equal rights with men in all spheres of life
     18. Right to protection of marriage and family
     19. Protection of the rights of Chinese nationals living abroad.

10. Fundamental Duties

    
    In addition to enumerating fundamental rights, the Chinese constitution also outlines fundamental duties incumbent upon its citizens. The constitution mandates that every citizen must fulfill these duties, emphasizing the reciprocal responsibilities citizens bear toward the state and society.
    The specified fundamental duties include:

    1. To safeguard national unity and solidarity: Citizens are required to actively contribute to the preservation of national unity and solidarity, fostering a sense of collective identity and purpose.

    2.  To abide by the constitution and the law, keep state secrets, protect public property, observe discipline in the workplace, observe public order, and respect social morality: Citizens are obligated to adhere to the legal framework provided by the constitution and laws. This includes maintaining confidentiality, safeguarding public property, promoting discipline in the workplace, respecting public order, and upholding social morality.

    3.  To safeguard the security, honor, and interests of the motherland: Citizens are entrusted with the duty to protect and uphold the security, honor, and interests of their homeland.

    4.  To defend the motherland and resist aggression: A fundamental duty involves citizens actively participating in the defense of the motherland and resisting any form of external aggression.

    5. To perform military service or join the militia: Citizens may be called upon to fulfill military service or join the militia, contributing to the overall defense and security of the nation.

    6.  To pay taxes in accordance with the law: Citizens are obligated to fulfill their financial responsibilities by paying taxes in accordance with the laws of the country.

    7.  To work, receive education, and practice family planning: Fundamental duties include engaging in productive work, pursuing education, and participating in family planning initiatives as outlined by the state.

Swiss Constitution

• Switzerland has witnessed the adoption of three constitutions: in 1848, 1874, and 1999. The 1848 constitution established the federal state, later replaced by the constitution of 1874, which, in turn, was succeeded by the current constitution of 1999.

• The third constitution, in force today, was adopted by the Federal Assembly on 18th December 1998. It received approval from both the people and the cantons on 18th April 1999 and officially came into effect on 1st January 2000.
  
  
  Political map of Switzerland
  
  
  

Characteristics of the Swiss Constitution:

• Written Constitution

  
  

  • The Swiss constitution is a comprehensive written document, originally consisting of a preamble and 196 Articles divided into six titles (parts).

• Rigid Constitution

  
  

  • The Swiss Constitution is rigid, featuring a specialized procedure for amendment.
    It allows for two types of revisions: total and partial.

  • Total Revision: Can be proposed by the people, either of the two chambers of the Federal Assembly, or decreed by the Federal Assembly. If initiated by the people or if the chambers fail to agree, a popular vote determines whether a total revision should occur. If approved, new elections are held for both chambers.

  • Partial Revision: May be requested by the people or decreed by the Federal Assembly. The partial revision must respect the cohesion of subject matter, and popular initiatives must adhere to the consistency of form. The revised constitution comes into force upon approval by the people and the cantons.

• Federal Constitution

  • The Swiss constitution establishes a federal republic comprising 26 cantons. Powers are divided between the federal government and the cantons, with specified federal powers and residual powers granted to the cantons, similar to the U.S. Each canton has its own constitution, legislature, executive, and judiciary.

  • There are two types of cantons: full cantons (20) and half cantons (6). Half cantons emerged from internal conflicts related to religion, language, or other factors.

    • Each half-canton has one representative in the upper house of the Federal Assembly, while each full canton has two representatives.
    • Each half-canton has a half vote on proposals for total or partial revision of the constitution, whereas each full canton has one vote.

• Council Model of Government

  1. The Council Model of Government in Switzerland is characterized by its unique features, distinguishing it from the British parliamentary and American presidential systems. The key aspects of this model include:

     1. Leadership Structure:

        • The Federal Council has a rotating leadership structure with a one-year term for the President and Vice-President, elected by the Federal Assembly.
        • Re-election for the following year is prohibited, and the President cannot become Vice-President for the subsequent year.
          
          
          Swiss council

     2. Collective and Individual Functioning:

        • Members function both collectively and individually, making executive decisions collectively and serving as heads of government departments individually.
        • Each of the seven members holds equal authority, and the President acts as "primus inter pares" (first among equals), with a ceremonial role lacking special powers.

     3. Non-Partisan Nature:

        • The Federal Council is non-partisan, despite members belonging to different political parties.
        • The non-partisan approach contributes to the collaborative nature of the Swiss executive.

     4. Interaction with Federal Assembly:

        • Council members are not concurrent members of the Federal Assembly, lacking voting rights.
        • Unlike other systems, members cannot be removed through a vote of no-confidence or impeachment by the Federal Assembly.

     5. Non-Comparison with British and American Executives:

        • The Swiss executive differs fundamentally from the British and American executives.
        • The President of the Federal Council is a ceremonial figurehead without substantial powers.
        • The non-partisan, collaborative, and non-hierarchical nature sets the Federal Council apart.

     6. Evaluation by C.R. Strong:

        • According to C.R. Strong, the Swiss executive system combines strengths and mitigates weaknesses of both parliamentary and presidential systems, presenting a unique and effective governance model.

     7.  Council Composition:

        • The Federal Council consists of seven members elected by the Federal Assembly after each general election to the National Council.
        • Members serve a fixed term of four years, and any Swiss citizen eligible for the National Council can be elected.
        • Geographic and linguistic representation is crucial for equitable regional and linguistic distribution.

•  Bicameralism in the Swiss Federal Legislature:

  
  

• Structure: 
  1. The Swiss Federal Legislature, known as the Federal Assembly, is bicameral, consisting of two houses: the Council of States (upper house) and the National Council (lower house).
• Council of States:
  1. The Council of States is composed of 46 representatives from the cantons.
  2. Full cantons elect two representatives each, while half cantons elect one representative each.
  3. This ensures equal representation for cantons, irrespective of size or population, similar to the American Senate.
  4. The mode of election and tenure of representatives vary among cantons, with some elected by cantonal legislatures and others directly by the people. The tenure ranges from one to four years.
• National Council:
  1. The National Council is composed of 200 representatives directly elected by the people.
  2. The election is based on a system of proportional representation.
  3. Representatives serve a four-year term.
• Equal Powers:
  1. Both chambers in Switzerland, the Council of States and the National Council, have equal standing and powers.
  2. C.F. Strong observed that the Swiss legislature is unique globally, with the powers of the upper house being no different from those of the lower house.

• Direct Democracy in the Swiss Constitution

  
  Overview: The Swiss constitution incorporates direct democracy, allowing citizens to directly participate in state affairs through two devices: referendum and initiative.
  1. Mandatory Referendum:
     • Subjects requiring a vote of the people and cantons include:
       • Amendments to the constitution.
       • Accession to collective security organizations or supranational communities.
       • Emergency federal acts not based on constitutional provisions.
       • Other matters submitted to a vote include popular initiatives for total or partial constitution revision and disagreement between the two chambers on total constitution revision.
  2.  Optional Referendum:
     • Conditions for submitting issues to a vote if requested by 50,000 voters or eight cantons:
       • Federal acts.
       • Emergency federal acts with a validity exceeding one year.
       • Federal decrees if constitutionally required.
       • International treaties of specified categories.
  3. Initiative:
     • Allowed at the federal level only for constitutional amendments, not federal laws or international treaties.
     • Conditions for proposing a total revision of the constitution:
       • Any 100,000 voters may propose a total revision.
       • Popular initiative for partial revision, either as a general proposal or specific draft provisions, can also be proposed by 100,000 voters.
         

• Triple Citizenship in Switzerland

  1. Three-Fold Citizenship:

     • Swiss citizenship is three-fold, encompassing citizenship at the levels of the commune (municipality), the canton, and the federation.
     • The constitution specifies that a person must be a citizen of a commune and the canton to which that commune belongs to be considered a Swiss citizen.
     • No person can be a citizen of Switzerland without being a citizen of a canton, and similarly, no person can be a citizen of a canton without being a citizen of a commune.
  2. Valuation of Communal Citizenship:
     • In Switzerland, communal citizenship is considered more valuable than cantonal and federal citizenship.

• Fundamental Rights in the Swiss Constitution

  1. Elaborate List of Rights:
     • The Swiss constitution provides an elaborate list of fundamental rights that cover various aspects of civil, social, economic, political, and personal rights.
  2. Some Key Fundamental Rights

     • Right to Equality Before the Law: Guarantees equal treatment under the law.

     • Protection Against Arbitrary Conduct: Establishes protection against arbitrary actions and the principle of good faith.

     • Right to Life and Personal Freedom: Safeguards the right to life and personal freedom.

     • Protection of Children and Young People: Ensures the protection and well-being of children and young people.

     • Right to Assistance When in Need: Guarantees the right to receive assistance when in need.

     • Right to Privacy: Safeguards the right to privacy.

     • Right to Marry and Have a Family: Ensures the right to marry and establish a family.

     • Freedom of Religion and Conscience: Guarantees freedom of religion and conscience.

     • Freedom of Expression and Information: Safeguards freedom of expression and access to information.

     • Freedom of the Media: Ensures freedom of the press and media.

     • Freedom to Use Any Language: Guarantees the freedom to use any language.

     • Right to Basic Education: Ensures access to basic education.

     • Freedom of Research and Teaching: Guarantees freedom in research and teaching.

     • Freedom of Artistic Expression: Safeguards freedom of artistic expression.

     • Freedom of Assembly: Ensures the right to assemble.

     • Freedom of Association: Guarantees the right to associate.

     • Freedom of Domicile: Safeguards the freedom of residence.

     • Protection Against Expulsion, Extradition, and Deportation: Ensures protection against involuntary removal.

     • Right to Property: Guarantees the right to property.

     • Economic Freedom: Ensures economic freedom.

     • Right to Form Professional Associations: Guarantees the right to form professional associations.

     • Right to Access to the Courts: Ensures access to judicial recourse.

     • Right to Petition: Guarantees the right to petition.

     • Political Rights: Ensures the exercise of political rights.

     • Protection of Human Dignity: Ensures the preservation of human dignity as a fundamental right.

• Social Goals of the Government in Switzerland

  
  

•  Inclusion in the Constitution:

  • In addition to fundamental rights, the Swiss constitution outlines social goals that the federal and cantonal governments should strive to achieve within their constitutional powers and available resources.

• Listed Social Goals:

  1. Protection and Encouragement of Families: Protect and encourage families as communities of adults and children.

  2. Fair Working Conditions: Ensure every person can earn their living by working under fair conditions.

  3. Availability of Suitable Accommodation: Ensure every person can find suitable accommodation.

  4. Education and Training for Children and Young People: Ensure children and young people can obtain education and undergo training.

  5. Support for Social, Cultural, and Political Integration: Support children and young people in their social, cultural, and political integration.

  6. Protection Against Economic Consequences: Ensure protection against economic consequences of old age, invalidity, illness, accident, unemployment, maternity, being orphaned, and being widowed.

  7. Access to Social Security and Health Care: Ensure every person has access to social security and healthcare.
  8. No Direct Right to state Benefits: While these social goals are outlined, it's emphasized that no direct right to state benefits may be established based on these goals.