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TABLE OF CONTENTS

CHAPTER 1- INTRODUCTION.05-06
CHAPTER 2- INDIAN CONSTITUTION...07-09
CHAPTER 3- JAPANESE CONSTITUTION..10-11
CHAPTER 4- COMPARISON BETWEEN INDIAN AND JAPANESE
CONSTITUTION...12-13
CHAPTER 5- CONCLUSION..14
BIBLIOGRAPHY.14

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What is a constitution?

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Chapter 1: Introduction

This is straightforward question admits of more than one answer depending upon the context in
which the word constitution is used. In its broadest sense, a constitution can be defined as being
a body of rules which regulates the system of government within a state. It establishes the bodies
and institutions which form part of that system, it provides for the powers which they are to
exercise, it determines how they are to interact and coexist with one another and, perhaps most
importantly of all, it is concerned with the relationship between government and the individual.
Professor King in his Hamlyn Lecture offered the following definition:
A constitution is the set of the most important rules that regulate the relations among the
different parts of the government of a given country and also the relations between the different
parts of the government and the people of the country.
In a far narrower sense, a constitution amounts to the written statement of a state or countrys
constitutional rules in a documentary or codified form. Professor King refers to these as CapitalC constitutions as a means of distinguishing them from small-c constitutions as described
above, which, he observes, are never written down. Thus the United States has a written
constitution, as does Australia, Canada, and virtually every other state with the exception of the
UK and Israel. Constitutional documents are usually the result of some major upheaval in a
nations history. The impetus for the drafting of a constitution may come from a war, whether
inter-state or civil, from a revolution, from the grant of independence, or from the creation of a
new state following unification or reunification.
The Capital-C/small-c constitution distinction identified by Professor King is an interesting
one. It provides a clear explanation of the different contexts in which the word constitution may
be used. It also enables Professor King to emphasize an important point; that states nearly always
have both a small-c and a Capital-C constitution and that, although these constitutions overlap in
some respects, they never overlap completely. In other words, small-c constitutions may cover
matters not included in the written constitution and vice versa. To illustrate the point, Professor
King refers to several examples, including a states electoral system. As he points out, although
an electoral system clearly forms part of a constitution in the small-c sense of the word, written
constitutions rarely provide for the means by which a government is elected. Thus it is clear that
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in states with a written constitution, that constitution is likely to reflect only some of the
constitutional arrangements of that state. To get the full picture, therefore, it will be necessary to
also look at the states small-c constitution.

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The preamble of Indian Constitution says

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Chapter 2: Indian Constitution

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its
citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the
Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY
ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

There are Some Unique Features of Constitution of India. They are:The Indian Constitution is said to be framed by the People of India. The Constituent Assembly
formed for drafting the constitution of assembly was framed by the people belonging to all parts
of the society. This Constituent Assembly is considered to be a representative body of people
living in the country.
The draft of the Indian Constitution has been derived from constitutions of other countries. The
constitution has also taken many parts from the Government of India Act, 1935. The different
parts of Indian Constitution adopted from other countries constitution are mentioned below:
1. British Constitution: Parliamentary form of government, introduction of Speaker and his
role, the concept of single citizenship, the Rule of law, procedure of lawmaking,
procedure established by Law u/a 13.
2. Irish Constitution: Directive principles of state policy.
3. United States Constitution: Federal structure of government, due process of law u/a 13,
power of Judicial Review and independence of the judiciary, documentation of
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commander of armed forces u/a 52,

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Fundamental Rights (similar to the United States Bill of Rights), President as supreme

4. Canadian Constitution: A quasi-federal form of government, where the central

government plays prime role in governing the country, the idea of Residual Powers
5. Australian Constitution: Freedom of trade and commerce between different states of the
country, Power of the national legislature to make laws for implementing treaties
6. French Constitution: Ideals of Liberty, Equality and Fraternity
7. Japan Constitution: Fundamental Duties u/a 51-A
8. Weimar Constitution: Emergency Provision u/a 356
9. Malaysian Constitution: The concept of the Concurrent list
Sovereignty of the people is unique feature of the Indian Constitution. According to the
Constitution, people of the country are the supreme authority. Earlier, the supreme power was in
the hand of the British Parliament. The term Sovereignty connotes that the people of India are
not subordinate to any other external authority.
The Constitution of India renders the republican form of polity in the country. During British era,
the king was the Head of the State.
The Indian Constitution also provides for a secular polity in India. The term Secular implies
that in the country, there would be no discrimination on grounds of religion. There should be
equal respect for all religions.
Fundamentals Rights and Duties of the citizens of India is another unique feature of the Indian
Constitution, which was absent in the previous constitutions. Fundamental Rights were
mentioned in the constitution at the time of its adoption in 1949. The provision for Fundamental
Duties was included through the Constitution (Forty Second Amendment) Act, 1976.
The Indian Constitution has provision for the Directive Principles of State Policy. These
principles and policies are included in the Chapter IV of the constitution. These rights cannot be
enforced by the courts of law, but these are fundamental principles, awareness of which should
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be there among people and the government.

The Indian Constitution has provision for judicial review of the Acts of both the State
Legislatures and the Union Legislature and the activities of the Union and State executives, so
that authority of the legislative and executive branches are not misused.
Provision for the universal adult franchise is another unique feature of Indian Constitution. In
this provision, all adult citizens of the country has right to vote.
The Indian Constitution has given recognition of Hindi as the official language of the country.
Earlier, English was the only official language of India. Apart from Hindi, the Constitution has
also recognized 17 other Indian languages as regional languages.
Unique Blend of Rigidity and Flexibility is another feature of the Indian Constitution. The
Constitution can be amended for revising the laws mentioned in it. Amendments to Constitution
can be made through various procedures.
Other Features of the Indian Constitution
The other features of the Indian Constitution are mentioned below:
1. Indian Constitution is a comprehensive document including 395 Articles and twelve
Schedules.
2. The Indian Constitution has a provision of a full-fledged Parliamentary Democracy.
3. There is the provision for federal form of polity in India in the Constitution of India.
4. The Constitution of India encourages affirmative action to be taken by the State to
improve the conditions of the weaker sections of society.
5. There are emergency provisions made in the Indian Constitution. There are provisions for
national emergency, financial emergency and failure of constitutional machinery.
6. The constitution has also made provision for some Independent Agencies to perform
various functions assigned to them. The Election Commission, the Comptroller and
Auditor General and the Union and State Public Service Commissions are three such
agencies.
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Chapter 3 Japanese Constitution

Preamble
We, the Japanese people, acting through our elected representatives in the National Diet,
determined that we should secure for ourselves and our posterity the fruits of peaceful
cooperation with all nations and the blessings of liberty all over this land, and resolved that
never again shall we be visited with the horrors of war through the action of government, do
proclaim that sovereign power resides with the people and do firmly establish this Constitution.
Government is a sacred trust of the people, the authority for which is derived from the people,
the powers of which are exercised by the representatives of the people, and the benefits of which
are enjoyed by the people. This is a universal principle of mankind upon which this Constitution
is founded. We reject and revoke all constitutions, laws, ordinances, and rescripts in conflict
herewith. We, the Japanese people, desire peace for all time and are deeply conscious of the high
ideals controlling human relationship, and we have determined to preserve our security and
existence, trusting in the justice and faith of the peace loving peoples of the world. We desire to
occupy an honored place in an international society striving for the preservation of peace, and
the banishment of tyranny and slavery, oppression, and intolerance for all time from the earth.
We recognize that all peoples of the world have the right to live in peace, free from fear and
want.
We believe that no nation is responsible to itself alone, but that laws of political morality are
universal; and that obedience to such laws is incumbent upon all nations who would sustain
their own sovereignty and justify their sovereign relationship with other nations.
We, the Japanese people, pledge our national honor to accomplish these high ideals and
purposes with all our resources.
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Japan has a government that is guided by the rules and principles of a Constitutional Monarchy
and a Parliamentary Government. The government of Japan has the features and characteristic
that a parliamentary government should possess.
On the other had the constitutional monarchic system that Japan has as an integral part of its
government, has added a unique characteristic to its administrative system.
The constitutional monarchy that Japan has as a part of its government, has some features to it.
According to it the constitution has curtailed much of the previous power of the Japan emperor
so that he has no direct power in the Japan Government system. But this emperor of Japan
participate in the government related issues when it needs a diplomatic move. Otherwise, in the
government of Japan, the emperor acts as a person of observance or as an ceremonial figure. He
is defined by the state as a representative of the state and also of the unity of the people.
Japan government is democratic and is ruled by the parliament. Japan parliament is known as
Diet. Diet again has two houses. These two houses are House of Representatives and House of
Councilors. In the cabinet, there is the prime minister with others elected members from different
states. Together they administer the executive branch of the government. There are five main
political parties in the Diet. These are, Liberal Democratic party, Democratic Party of Japan,
New Clean Government Party, Japan Communist Party and Social Democratic Party.
In Japan government the Judicial system is independent. At the apex of the Judicial system there
is the Supreme Court and there are some other courts also. In the constitution of Japan, there is
Bill of Right that has certain affinity to the Bill of Right of the U.S constitution. There is no jury
system in the Japanese judicial system. In Japan there are forty seven administrative districts.
In Japan government the main administrative official body comprises of the Emperor who is the
head of the state, the Prime Minister, the Minister of Foreign Affairs, Ambassador to the U.S, and
the Permanent Representative to the UN. Japan has witnessed tremendous national growth
during the rule of the Liberal Democratic Party.

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Chapter 4 Comparison Between Indian And Japanese Constitution

If we compare both the constitution we will get some similarities and some dissimilarity between
the constitutions.
Preamble of India says that Indian people will get liberty, justice and equality at every level.
People will live in a democratic republic country and fraternity will ensures the unity of the
country. But the preamble of Japan says that their people believe in liberty and sovereign power
lies with the countrymen. They believe in peace and expect from other countries to be in peaceful
relation with them always.
Both having parliamentary form of government.
The Prime minister represents the country at international level in India and the Prime Minister
of Japan will act as a representative at same level.
From Japan India took the Fundamental Rights concept and developed it according to its need in
India. Both believe in equality, justice and good consciences. Most of the rights given to citizens
are similar in both constitutions.
If we talk about judiciary in both the constitution supreme court is the supreme judicial body and
both having chief justice. In both judicial bodies are independent. But the difference is the judges
of Supreme Court of India are appointed by the president only after consulting Chief Justice and
nothing as such happens in Japan. In Japan the appointment of the judges of the Supreme Court
shall be reviewed by the people at the first general election of members of the House of
Representatives following their appointment, and shall be reviewed again at the first general
election of members of the House of Representatives after a lapse of ten years, and in the same
manner thereafter. Here article 79 of Japanese constitution and article 124 of Indian constitution
conflicts.

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In both the constitution Supreme Court is the last resort of jurisdiction. But with a slight
of constitution.

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difference in India president has the power to consult judges of Supreme Court under article 143
Both the constitution has two houses. In India the two houses are Council of States and House of
People and in Japan the House of Representatives and House of Councilors. In both the
constitution members are elected and qualification is fixed by law.
According to article 83 of Indian Constitution The Council of States shall not be subject to
dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may
be on the expiration of every second year in accordance with the provisions made in that behalf
by Parliament by law.
The House of the People, unless sooner dissolved, shall continue for five years from the date
appointed for its first meeting and no longer and the expiration of the said period of five years
shall operate as dissolution of the House:
Provided that the said period may, while a Proclamation of Emergency is in operation, be
extended by Parliament by law for a period not exceeding one year at a time and not extending in
any case beyond a period of six months after the Proclamation has ceased to operate.
But according to article 45, 46 and 102 of Japanese Constitution The term of office of members
of the House of Representatives shall be four years. However, the term shall be terminated before
the full term is up in case the House of Representatives is dissolved.
The term of office of members of the House of Councilors shall be six years, and election for
half the members shall take place every three years.
The term of office for half the members of the House of Councilors serving in the first term
under this Constitution shall be three years. Members falling under this category shall be
determined in accordance with law.
The constitution of India and Japan is the Grund Norm or supreme law of their country according
to article 1 and 98 of constitution respectively.

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Chapter 5 Conclusion
Author has concluded that there are many similarities and dissimilarities in both the constitution.
Some of the features are unique in both the constitution. India has adopted the fundamental
duties from Japanese constitution and features which are similar in both the constitution are
common not adopted because Indian constitution is made by assembling various other
constitution.

Bibliography
www.mapsofindia.com/government-of-india/constitution/features.html
Constitution of India, V.N. Shukla
www.mxemb-japan.go.jp/sp/japon/constitution.html
Constitution of India, M.P. Singh

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