Question

Compare the legislative powers of Indian and American legislatures.

Answer 1

• Both India and the United States of America have federal legislatures with written constitutions that respect the principles of separation of powers and judicial review.
• The Indian Parliament (Lok Sabha and Rajya Sabha) can only pass laws on matters on the Union List and Concurrent List, as stated in the Constitution. In contrast, the United States Congress (House of Representatives and Senate) can only pass legislation on issues explicitly stated in the United States Constitution.
• In India, money bills can only be introduced in the Lok Sabha, and the Rajya Sabha has just 14 days to delay them. Money bills in the United States are introduced in the House of Representatives, but the Senate can amend and influence them, giving it greater power.
• Articles 249 and 312 provide the Rajya Sabha with unique legislative powers, allowing Parliament to legislate on state topics in the national interest as well as create or abolish All India Services. There is no similar provision in the US system.
• Both countries’ laws pass legislation that is subject to judicial review. The Indian Supreme Court and the United States Supreme Court can both rule a statute unconstitutional if it violates their respective constitutions.
• In India, the President can return a law for reconsideration but must sign it if it is passed again. In the United States, the President has the power to veto or pocket-veto legislation, giving him greater control over it.
• In terms of changing the Constitution, the Indian Parliament follows Article 368, but the United States Congress requires a two-thirds majority in both houses and ratification by three-fourths of all states.