The Indian Constitution, with its roots deeply embedded in federal principles, undeniably stands as a testament to the country’s diverse and complex socio-political landscape. Yet, despite the ostensible federal structure, a discernible tilt towards a formidable Central authority pervades its design. While federalism is acknowledged as a fundamental tenet, the operational dynamics often seem to prioritize centralization over decentralization, thus challenging the notion of a robust federal system. This inclination towards a dominant Centre is palpable across various facets of governance, from legislative powers to fiscal arrangements. The distribution of authority, though ostensibly decentralized, often encounters instances where the Centre holds significant sway, diluting the autonomy of states. Moreover, the constitutional framework empowers the Union government with mechanisms to intervene in state affairs, further consolidating its supremacy. Consequently, while federalism remains a foundational principle, the prevailing structure tends to undermine its essence, fostering a semblance of unitarism. This imbalance raises pertinent questions about the efficacy of federal governance in India and underscores the perpetual tug-of-war between centralization and decentralization within the constitutional framework.
Tag: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
Decoding the Question:
- In the Introduction, try to give a brief introduction about the Federal Character of India.
- In Body,
- Mention various federal principles is dominant in our Constitution.
- Write various features that lean in favor of a strong Centre.
- In Conclusion, try to conclude with the verdict of the Supreme Court in S.R Bommai Case.
Answer:
Federalism is a system of government in which power is divided between the central government and various constituent units of the country. The Constitution of India gives for a federal system of government in the country due to the socio-cultural diversity and large size. However, the term “federation” has nowhere been used in the Constitution. Article 1 of the Constitution describes India as a “Union of States”, because Indian federation is not the result of an agreement among the states and the states have no right to secede from the federation.
Federal Principles in the Constitution:
- Written Constitution: Features of the Indian Constitution is not only a written document but also the longest constitution in the world. Originally, it included a Preamble, 395 articles (22 parts), and 8 schedules.
- Dual Polity:The constitution establishes a dual polity that includes the union at the periphery. Each is endowed with sovereign powers to be exercised in the field assigned to them respectively by the Constitution.
- Bicameralism:The constitution provides for a bicameral legislature in which an upper house (Rajya Sabha) and a lower house (Lok Sabha). Rajya Sabha represents the states of the Indian Union, whereas The Lok Sabha represents the people of India as a whole.
- Division of Powers:The Constitution divided the powers between the Center and the states in terms of the Union List, State List, and Concurrent List in the Seventh Schedule.
- Supremacy of the Constitution: The Constitution is the supreme law of the country. The laws made by the Center and the states should be in conformity with Provision. Otherwise, they may be declared invalid by the Supreme or High Court through its power of judicial review.
- Rigid Constitution:The division of powers established by the Constitution as well as supremacy of the constitution can be maintained only if the method of its amendment is rigid. It is necessary for both houses to agree to amend the constitution.
- Independent judiciary:The constitution establishes an independent judiciary headed by the Supreme Court for two purposes: one, to protect the supremacy of the constitution, and two, to settle the disputes between the Centre and states or between the states.
Unitary features in the Indian Constitution
- Strong Centre:The division of powers is in favor of the center and unequal from a federal point of view. Firstly, the Union list contains more subjects than the state list, secondly, the more important subjects have been included in the union list and the Centre has overriding authority over the concurrent list.
- Single constitution:The constitution of India embodies not only the constitution of the Centre but also those of the states. Both the Centre and the States must operate within this single frame.
- States not indestructible:Unlike in other federations, the states in India have no right to territorial integrity. The parliament can change the area, boundaries, or name of any state.
- Emergency provisions:The emergency provisions are contained in Part XVIII of the Constitution of India, from Articles 352 to 360. In the emergency provisions, the central government becomes all-powerful and the states go into total control of the Centre.
- Single citizenship:Single citizenship means one person is the citizenship of the whole country. The constitution deals with citizenship from Articles 5 and 11 under Part 2.
- Appointment of governor:The governor is appointed by the president. He also acts as an agent of the Centre. Through him, the Centre exercises control over the states.
- Integrated Judiciary: Indian Constitution has established an integrated judicial system with the Supreme Court at the top and the state high courts below it to enforce both the Central laws as well as the State laws.
- All India Services: In India, there are all-India services (IAS, IPS, and IFS) that are common to both the Centre and the states. The members of these services are recruited and trained by the Centre, which also possesses ultimate control over them.
- Constitutional Amendment: The process of constitutional amendment is less rigid. The bulk of the Constitution can be amended by the unilateral action of the Parliament, either by a simple majority or by a special majority.
Supreme Court Important Decision Related To Federal And Unitary Features Of Indian Constitution – System Of Government
- In S R Bommai case 1994, the Supreme Court laid down that the constitution is federal and characterized federalism as its ‘basic features’. In the Bommai case SC said that states have an independent constitutional existence. They are not satellites or agents of the Centre. Within the sphere allotted to them, the states are supreme.
- In Kuldeep Nayyar vs Union of India, the Supreme Court held that federalism is a fundamental feature of the Constitution of India and is unique in its nature and is tailored to the specific needs of the country.
The Indian Constitution is unique in that it is a novel type of constitution that combines the attributes of a unitary and a federal government. Rather than being a true federation, it is referred to as a “union of states.”
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