Introduction:
The foundation of Indian federalism draws inspiration from the experiences of federal systems in the United States, Canada, and Australia. The complexities of India’s historical, political, and social landscape are intricately woven into its Constitution, significantly influencing the dynamics of the nation’s democracy.
Body:
The Indian constitution displays a unique blend of federal and unitary features:
Federal Elements:
- Division of Powers (Article 246): Explicit delineation of powers between the central government (Union) and state governments via the Seventh Schedule.
- Written and Rigid Constitution: States’ consent is required for constitutional amendments, as seen in the case of the GST passage.
- Bicameral Legislature (Article 79): Reflects a federal structure with the Lok Sabha and Rajya Sabha.
- Independent Judiciary (Article 124): Ensures a federal balance by resolving disputes between the Union and states.
Unitary Elements:
- Single Citizenship (Articles 5 to 11): India’s adoption of a single citizenship system, a trait of unitary governance.
- Emergency Provisions (Article 352): Centralized power during national emergencies, exemplified by the imposition of the president’s rule in states.
- Residuary Powers (Article 248): The Center holds powers not expressly assigned to states, showcasing a unitary aspect.
- Inequality in State Representation: Unlike the U.S., Indian states do not enjoy equal representation in the legislature.
- Governor’s Office: Governors’ appointments and actions have faced criticism for bias towards central power, as seen in instances like Karnataka and Manipur in 2016.
Cooperative Federalism:
Articles like 263 establish the Inter-State Council, promoting cooperation and coordination between states and the Union, balancing federal and unitary aspects.
Conclusion:
In essence, the Indian Constitution represents a harmonious amalgamation of federal and unitary characteristics. While leaning towards federalism, it incorporates special measures for national unity and growth. The resilience of federalism is evident in the creation of new states, such as Manipur, Tripura, and Goa, in response to regional demands.
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