Unwritten Constitution:

One of the most important features of the British constitution is its unwritten character. There is no such thing as a written, precise and compact document, which may be called as the British constitution.

The main reason for this is that it is based on conventions and political traditions, which have not been laid down in any document, unlike a written constitution, which is usually a product of a constituent assembly.

Written

Indian Constitution, in comparison, is the lengthiest written constitution in the world.

Evolutionary

The British constitution is a specimen of evolutionary development. It was never framed by any constituent assembly. It has an unbroken continuity of development over a period of more than a thousand years.

Framed by a constituent assembly

Indian Constitution is framed by a constituent assembly and it has well defined provisions

Flexible

The British constitution is a classic example of a flexible constitution. It can be passed, amended and repealed by a Simple Majority (50% of the members present and voting) of the Parliament, since no distinction is made between a constitutional law and an ordinary law. Both are treated alike. The element of flexibility has provided the virtue of adaptability and adjustability to the British constitution.

Both flexible as well as rigid

Indian Constitution, in contrast, is both flexible as well as rigid. This compliments the basic ideology of the Indian Constitution quite well, wherein certain features like Sovereignty, Secularism, and Republic et al have been held sacrosanct, but otherwise the Constitution is amendable.

Constitutional monarchy

The Head of the State in Britain (that is, King or Queen) enjoys a hereditary position.

Republic

India has a republican system in place of British monarchical system. the Head of the State in India (that is, President) is elected.

Unitary:

The British constitution has a unitary character as opposed to a federal one. All powers of the government are vested in the British Parliament, which is a sovereign body. There is only one legislature. England, Scotland, Wales etc. are administrative units and not politically autonomous units.

Federal in nature:

The Constitution of India establishes a federal system of government. It contains all the usual features of a federation, viz., two government, division of powers, written Constitution, supermacy of Constitution, rigidity of Constitution, independent judiciary and bicameralism

Sovereignty of Parliament

The term Sovereignty means Supreme Power. A very important feature of the British Constitution is sovereignty of the British Parliament (a written constitution being absent).

The British Parliament is the only legislative body in the country with unfettered power of legislation. It can make, amend or repeal any law. The courts have no power to question the validity of the laws passed by the British Parliament. The British Parliament may amend the constitution on its own authority, like an ordinary law of the land.

Parliamentary powers are restricted:

The Parliament is not supreme in India and enjoys limited and restricted powers due to a written Constitution, federal system, judicial review and fundamental rights.

Vital role of conventions:

A necessary corollary to the unwritten character of the British Constitution is that conventions play a very vital role in the British political system.

For example, while the Queen has the prerogative to refuse assent to a measure passed by the British Parliament, but by convention, she doesn’t do so and the same has become a principle of the constitution itself.

Minimal role for conventions:

In Indian political system, conventions have minimal role. Rules and Procedure are detailed in Constitution, and it is further backed by numerous statutes.

Official religion:

The official religion of the United Kingdom is Christianity, with the Church of England being the state church of its largest constituent region, England.

The Constitution of India stands for a secular state. Hence, it does not uphold any particular religion as the official religion of the Indian State

Prime Minister will always be from Lower House:

It is a convention in Britain that the P.M. will always be a member of the Lower House (House of Commons) only.

Prime Minister can be from both the houses:

In India, the PM can be a member of either House of Parliament, i.e. Lok Sabha or Rajya Sabha.

Minister should be a member of Parliament:

The members of Parliament alone are appointed as ministers in Britain

In India, a person who is not a member of Parliament can also be appointed as minister, but for a maximum period of six months

Legal responsibility of Ministers

Britain has the system of legal responsibility of the minister. They are required to countersign the official acts of the Head of the State

India has no such system. Unlike in Britain, the ministers in India are not required to countersign the official acts of the Head of the State

Privy Council

It has been one of the advisory bodies to the Crown. It has lost relevance because of the emergence of the Cabinet. It has some supervisory role w.r.t. University of Oxford, Cambridge etc. It also has some role in resolution of disputes related to the Church as well as a Court of Appeal in some admiralty cases.

India does not have such a mechanism.

Shadow cabinet

It is a unique institution of the British cabinet system. It is formed by the opposition party to balance the ruling cabinet and to prepare its members for future ministerial office.

There is no such institution in India

Hereditary members in Parliament

Upper house of British Parliament (House of Lords) has hereditary members.

Indian Parliament doesn’t have hereditary members.  

Weaker upper house

The House of Lords can propose and make changes, known as amendments. However its powers are limited; if it doesn’t approve of a piece of legislation, it can only delay its passage into law for up to a year.

In fact, the House of Lords could be labeled as one of the weakest upper house in the world. Since the passage of the Act of 1919 and 1949, the House of Lords has lost all real legislative powers. It is simply a delaying chamber now.

It can delay an ordinary bill for a maximum period of one year and money bill for a maximum period of one month.

Rajya Sabha has equal powers with Lok Sabha, as far as an ordinary bill and Constitution amendment bill is concerned.

All bills (except money bills) need to be passed in both the houses to become an Act

Leader of lower house:

The Prime Minister, although head of the Government and an MP, is now not usually the Leader of the House of Commons. The Leader of the House of Commons, a member of the Government, is the chief spokesman for the majority party on matters of the internal operation of the House of Commons.

Under the Rules of Lok Sabha, the ‘Leader of the House’ means the prime minister, if he is a member of the Lok Sabha, or a minister who is a member of the Lok Sabha and is nominated by the prime minister to function as the Leader of the Hous

Features of British Speaker

In UK, there is a convention that once a Speaker, always a Speaker. It means that a Speaker’s constituency is unchallenged. Once a person is appointed as a Speaker he gives formal resignation from his political parties. He has a casting vote and ultimate disciplinary powers with respect to the conduct of the House and MPs.

Speaker of Lok Sabha

Though our position is midway between the British and the US model, it is theoretically closer to the British model. But similar conventions do not exist. For instance:

• It is not necessary for the Speaker to resign from his party
• If he decides to resign, he will not be disqualified under the Anti-defection law.
• No convention in India that he will be elected uncontested.

Limited scope for judicial review

Under the doctrine of Parliamentary sovereignty, the judiciary lacks the intrinsic power to strike down an Act of Parliament. However, the subordination of common law to statute law does not mean the subordination of the Judiciary to the executive. Courts in Britain retain certain powers:

• Of interpreting the precise meaning of a statute.
• Of reviewing the actions of ministers and other public officials by applying the doctrine of ultra vires (beyond powers).
• Of applying the concept of natural justice to the actions of ministers and others.

However the lack of concept of ‘Basic Structure’ makes amending power of the Parliament supersede any judicial pronouncement.

The Supreme Court and High Court can declare the parliamentary laws as unconstitutional through its power of judicial review.

British Constitution does not mentions Directive Principles and Fundamental Duties

The Directive Principles of State Policy, embodied in Part IV of the Indian Constitution, are directions given to the state to guide the establishment of an economic and social democracy.

The fundamental duties (embodied in Part IVA) serve as a reminder to citizens that while enjoying their rights, they have also to be quite conscious of duties they owe to their country, their society and to their fellow-citizens