India’s Constitution doles out ‘rights’ to individuals. The American Constitution assumes pre-existing rights and freedoms, and places limitations on the government instead. For India, the State is supreme with practically no constitutional limits because of all the broad caveats. For America, the State is but a constitutionally restricted agent of the individual. In India, the onus is on the individual to show that he or she is within their rights to do something. In the US, the government has to prove that it is constitutionally valid to regulate an undeniable freedom.
