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United States of America (USA) – Detailed Notes for UPSC Aspirants

UPSC Syllabus Alignment

  • GS Paper II Topics Covered:
    • Comparison of the Indian constitutional scheme with that of other countries.
    • Structure, organization, and functioning of the Executive, Legislature, and Judiciary.
    • Separation of powers and federalism.
  • Focus Areas: Federal structure, presidential system, judicial review, bicameral legislature, and checks and balances.
  • Exam Requirement: Analyze the USA’s presidential federal system vs. India’s parliamentary quasi-federal system, with emphasis on constitutional rigidity, executive powers, and legislative dynamics.

1. Form of Government

Federal Form

  • Strong states with dual federalism (clear division of powers between federal and state governments).
  • Residuary powers rest with states (unlike India, where they lie with the Union under Article 248).
  • Indestructible union of indestructible states (unlike the UK’s unitary system or EU’s confederation).
  • State Representation: Equal state representation in the Senate (symmetrical federalism).
  • UPSC Comparison: India’s federalism is cooperative (Article 1), with a strong Centre (Union List dominance in the 7th Schedule), unlike the USA’s balanced dual federalism.
  • Exam Focus: Contrast USA’s “states’ rights” with India’s “Union supremacy” (e.g., Emergency provisions under Article 356).

Constitution

  • Rigid: Only 27 amendments since 1789 due to a high amendment threshold (2/3 Congress + 3/4 states).
  • UPSC Comparison: India’s Constitution (Article 368) is more flexible, with over 100 amendments, balancing rigidity and adaptability.

Presidential Form

  • Strict Separation of Powers (SoP): Executive, Legislature, and Judiciary operate independently.
  • UPSC Comparison: India follows parliamentary fusion of powers (Articles 74 & 75), unlike USA’s SOP (e.g., President not accountable to Congress).

PYQ (2019): “The concept of federalism in India is different from that in the USA.” Discuss the statement with suitable examples.

Answer Tip:

  • USA’s dual federalism (10th Amendment) vs. India’s cooperative federalism (Sarkaria Commission recommendations).
  • Example: USA’s state autonomy vs. India’s centralized tendencies (e.g., GST implementation).

2. Executive

President

  • Elected via Electoral College: 538 votes (House of Representatives [435] + Senate [100] + 3 from Washington D.C.).
  • Maximum two terms: 22nd Amendment (e.g., Barack Obama: 2009-2017).
  • Not derived from Congress, unlike UK/India PMs.

Veto Powers

  • No absolute veto; Congress can override with 2/3 majority.
  • Pocket Veto: If Congress adjourns within 10 days and the President doesn’t sign, the bill dies.
  • UPSC Comparison: India’s President (Article 52) is ceremonial, lacks veto power (except suspensive veto under Article 111).
  • Exam Focus: USA’s powerful executive vs. India’s titular head.

PYQ (2016): “Discuss the powers and functions of the President of India and compare them with the President of the USA.”

3. Legislature

Bicameral Structure

Senate (100 Members)

  • Most powerful upper house globally.
  • Direct elections (since 17th Amendment, 1913), 6-year term.
  • Equal powers with House in amendments and bills.
  • Ratifies Presidential appointments (e.g., Supreme Court Justices) and treaties.
  • UPSC Comparison: India’s Rajya Sabha (max 250) represents states but has weaker legislative powers (e.g., money bills under Article 110).

House of Representatives (435 Members)

  • Weaker than Senate.
  • 2-year term, less independent than Senate.
  • No party whip rigidity (unlike UK/India).
  • UPSC Comparison: Lok Sabha (max 552) is stronger, with a 5-year term and dominance in financial matters (Article 109).

PYQ (2020): “The Indian Parliament is not a sovereign body in the sense in which the British Parliament is.’ Discuss.”

4. Judiciary

  • Judges serve for life. Appointed by the President, ratified by the Senate.
  • UPSC Comparison: India’s Supreme Court judges (Article 124) retire at 65 years.

Judicial Review

  • Established by Marbury v. Madison (1803), allowing broad review of laws.
  • UPSC Comparison: India’s judicial review (Articles 13, 32) is constitutionally mandated, protecting Basic Structure Doctrine (Kesavananda Bharati, 1973).

PYQ (2021): “Judicial review is a powerful tool in the hands of the judiciary to maintain the rule of law. Compare the scope of judicial review in India and the USA.”

5. Checks and Balances

  • Congress ↔ President: Budget oversight, veto power.
  • Judiciary ↔ Others: Judicial review vs. appointment process.
  • UPSC Relevance: Unlike India’s fusion of powers, USA’s SoP ensures no single branch dominates.

PYQ (2017): “The principle of checks and balances is a salient feature of the American Constitution.” Discuss its relevance and compare it with the Indian system.

AspectUSAIndiaPYQ Focus
Government TypeFederal, PresidentialQuasi-Federal, ParliamentaryFederalism (2019)
ExecutivePresident (Electoral College, veto)President (ceremonial) + PMPresident’s Powers (2016)
LegislatureSenate (strong) + House (weak)Rajya Sabha (federal) + Lok Sabha (dominant)Sovereignty (2020)
JudiciaryLifetime judges, broad J.R.Retirement at 65, constitutional J.R.Judicial Review (2021)
Checks & BalancesStrict SOPFusion with judicial oversightChecks and Balances (2017)

UPSC Exam Strategy

Answer Structure:

  1. Introduction: Define federalism or presidential system.
  2. Comparison: USA vs. India (e.g., Senate vs. Rajya Sabha).
  3. Analysis: Strengths (e.g., USA’s stability) vs. weaknesses (e.g., gridlock).
  4. Conclusion: Relevance to democratic governance.

FAQs

1. What are the key differences between USA and India’s federalism?

USA follows dual federalism, whereas India follows cooperative federalism with Union supremacy.

2. How is the US President elected?

Through the Electoral College, requiring 270+ votes to win.

3. How does the US Supreme Court function?

With lifetime-appointed judges and broad judicial review powers.

4. What is the significance of the Senate?

The strongest upper house, with equal state representation.

5. How does the USA’s checks and balances work?

Ensures no branch dominates, unlike India’s parliamentary supremacy.

6. What makes the US Constitution rigid?

The high amendment threshold (2/3 Congress + 3/4 states).

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