| Government of India Act 1935 | Constitution of India |
|---|---|
| Defines India as a Federation of States | Defines India as a Union of States |
| Princely states could choose to join or stay out of the federation via the Instrument of Accession | States have no right to secede. The Instrument of Accession only applies for the state of J&K via Article 370 (till 5 August 2019 as it was nullified by Union Government). |
| Princely states could have their own constitution | Only J&K has its own constitution (till 5 August 2019 as separate constitution of J&K was scrapped). |
| Many states had the right to mint supplementary coins, use state flags, independent civil and criminal codes, and maintain state paramilitary forces | With the exception of J&K (till 5 August 2019), no state can follow a separate criminal code. Only Goa has a different civil code. Paramilitary forces are controlled by the Union government only. No state can mint currency. |
| The Emperor of India and Governor-General of India are apolitical heads of state | The President of India is an indirectly elected head of state. |
| Provincial governors are appointed by the Governor-General and apolitical | Governors are appointed by President on the advice of the Union government. |
| Governors of provinces need not be residents of the state | Governors of states need not be residents of the state. |
| Right to create, modify or dissolve provinces is solely vested in the hands of the Governor-General of India | Right to create, modify or dissolve states is solely vested in the hands of the Parliament of India. |
| Powers are divided into Federal, Concurrent and Provincial lists | Powers are divided into Union, Concurrent and State lists |
| Residuary powers are vested with the Governor-General of India | Residuary powers are vested with the Parliament of India. |
| A provincial emergency is declared by the Governor-General and the Governor alone can make laws for the province during this period. The provincial assembly remains dissolved. | State emergency is declared by the President on the advice of the Union government and the Parliament alone has the power to make laws for the state during the period. State assembly remains dissolved. |
| A central emergency is declared by the Governor-General and he alone can make laws for the federation during this period. The central legislative assembly remains dissolved. | There is no concept of central or Union emergency. Parliament should always be functional. |
| Judicial matters such as clemency petitions shall be decided by the Governor-General on the advice of judicial councils | Judicial matters shall be decided by the President on the advice of the Union government. |
| Railways and Industries are subject matters in concurrent list | Railways and Industries are subject matters in Union List. |
| Freedom of movement throughout the British Empire and right to own property and settle only in respective provinces | Freedom of movement throughout India and right to own property and settle anywhere in India except J&K. But after 5 August 2019, freedom is throughout India (incl. J&K). |
| Amendment in the Act is not possible unless made by the Parliament of the United Kingdom | Amendment of many articles in the constitution can be made by two-thirds of majority in the Parliament. Some articles would need the assent of half of the state legislatures as well. |
Comparison with the USA and the EU
| USA | EU | India |
|---|---|---|
| States cannot unilaterally secede from the Union. | Any member state may choose to leave the single market at any time. For this, usually, a withdrawal agreement has to be negotiated, and there may be a transition period. | Territorial integrity is not part of the basic structure of the Constitution. The territory is ceded to Bangladesh under the 9th and 100th constitutional amendment act. According to articles one to four of the Constitution of India, no State can secede from the Union. |
| Merging or splitting of States is not allowed except with the consent of the U.S. Congress and the affected States. | Merging or splitting of member states is only possible with the consent of the citizens of the respective member state. | Article Three of the Indian Constitution provides for the merging or splitting of States. Such power is exclusively vested in the Government of India. |
| The President of the United States is elected by the citizens of the United States via the Electoral College. The US is a presidential republic. | The power of the EU is exercised collectively by the European Council, a collegiate body that defines the overall priorities and political directions of the European Union. It comprises the heads of state or government of the EU member states, the President of the European Council, and the President of the European Commission (the latter two have no voting power). | The President of India is indirectly elected. The Prime Minister is usually a leader of either the majority party or the largest party in the Lok Sabha (House of the People) and can either be directly elected by the citizens of a particular Lok Sabha constituency or be indirectly elected as a member of the Rajya Sabha. |
| The citizens of the individual States directly elect their Governor. | The election of the head of state varies from member state to member state. | The President appoints the Governors of the States with the advice of the Union government. The Chief Ministers (heads of the State governments) are usually leaders of the majority party or the largest party in the State Legislative Assemblies (Vidhan Sabha) who are either directly elected by the citizens from a particular Legislative Assembly constituency or indirectly elected as the member of the State legislative councils (Vidhan Parishad). |
| Free movement of labor and goods is permitted between the States. | The main purpose of the EU is the free movement of labor and goods between member states. | Free movement of labour and goods is permitted between the States per Articles 301 and 303 of the Constitution of India.[28] The interests of migrant workers are protected by the Interstate Migrant Workmen Act 1979. |
| There is a single currency, foreign policy, and armed forces under the control of a federal government. | There is a single currency for all EU member states who are part of the eurozone; foreign policy and the armed forces are the responsibility of the individual member states. | There is a single currency, foreign policy, and armed forces under the control of the Government of India. |
| Every State has the constitutional right to impose taxes and raise debt. | The EU by itself has no power to raise taxes and raise debt, but the European Central Bank can indirectly influence fiscal policy. | Every State has the constitutional right to impose certain taxes and raise debt. Part of Union government revenue is devolved to the States for public purposes. |
| In general, people speak one language and follow one religion under a secular constitution. | Generally, multilingual people follow one religion under secular constitutions. | Multilingual people follow multiple religions under a secular constitution. |
| A highly developed democratic country. | A union of mostly highly developed democratic countries. | One of the largest developing democratic countries. |
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