Indian Constitution ( Federal or Unitary)
Constitution of India An Introduction with flow Chart & Schedules
The Nature of Indian Constitution ( Federal or Unitary)
In general, the constitution is either federal or unitary. The powers of the government are concentrated in one government, namely the central government, in a unitary constitution. However, with a federal constitution, power is shared equally between the federal and state governments, and both are independent in their own sectors.
If we talk about the Constitution of India. The Constitutional Jurists have different-different opinion about the nature of indian constitution.
According to one opinion, our constitution is quasi-federal in nature, containing both unitary and federal features, but the framers of the Indian constitution believe that the Indian constitution is a federal constitution.
To understand the nature of the Indian Constitution ,we must first consider the essential characteristics of the federal and unitary constitutions.
Essential Features in favour that Indian Constitution is federal
1. Distribution of powers
The most essential feature of the federal setup is the division of power between the central and state levels. The Seventh Schedule of the indian Constitution contains three lists of subjects which show division of power between the two sets of government. The constitution establishes a system of double Government with the central Government at one level and the state Government at the other (dual polity).There is a division of powers between the Central and the State Government. Each Government is Supreme in its own sphere.
2. A written Constitution
Each federal state has a written constitution. Establishing a federal state is complicated and it is impossible to run a country without written rules. India has the written leigntiest Constitution in the world.
3. Rigidity.
Naturally, a written constitution has its rigidity. A Constitution which is the supreme law of the land must also be rigid. It is very difficult & complicated process of any amendment in a rigid Constitution. The Constitution of India is written and supreme. The procedure of amendment cannot be altered without the consent of the majority of the States. Thus it is rigid also.
4. Supremacy of Constitution.-
The federal state gets its existence from the constitution. The constitution is considered as the supreme law of the land and No any law can be made out of the periphery of the constitution. The organs of the state i.e. the executive, the legislature and the judiciary perform their respective duties in accordance with the Constitution. In this way Indian Constitution is also a Supreme law.
5. Independence of Judiciary
In a federal setup the power is divided between the center and the states, so an independent and neutral body is needed to maintain the division of power. This independent body is the court or judiciary. The Supreme Court of India has rights to decide disputes between the Union and the States, or the States inter se (between &among themselves)
Features Against The Federation of Indian Constitution (Features of Unitary Constitution)
1. Appointment & Power of Governor
Governors are only the Constitutional head of the states although act on the advice of his ministers. They are appointed by the President ( Art. 155) and accountable to the President of India. So it can be stated that they are not free in their area.
2. Power of Parliament to make laws
Under Article 249, if Parliament passes the bill by a 2/3 majority of the Rajya Sabha and is in the national interest, Parliament may legislate on matters listed in the State List.
3. Parliament’s power to form new States and alter boundaries of existing States.-
The Parliament of India can create a new state, reduce the existing state, It may increase or diminish the area of any State and it may alter the boundaries or name of any States (Art. 3) Thus the existence of the State depends upon the sweet-will of the Union Government.
4. Emergency provisions
‘When the emergency is proclamed under Art. 352, (due to war or external aggression or armed rebellion) a significant change in the dividing force between the state and the center occurs. The state executive is directly controlled by the central government. When the emergency is proclaimed under Art. 356, (due to failure of constitutional machinery in States) then President can dismiss the State ministry and dissolve the Legislature and assume all the functions of the State. Thus the normal distribution of powers between the Centre and States, which is the basic element of a federal constitution, is completely suspended.’
5. Single Citizenship
In India, there is only one citizenship: Citizenship of India. There is no separate citizenship for the states and the Centre, as there is in other federal countries such as the United States of America. Part 2 of the Indian Constitution guarantees our citizens single citizenship. Every Indian is a citizen of India and has the same citizenship rights regardless of where he lives.
Conclusion
Shortly, it is concluded that The Indian Constitution is a unique combination of both federal and unitary. It’s not purely federal (which means states have a lot of power) or purely unitary (which means the central government has all the power). It says that even though states have power, the country’s interests are most important. So, it’s mostly federal with unique safeguards for enforcing national unity and growth. it has special rules to make sure the country stays united and grows together like emergency.
References –
M. Lakshmikant, Indian Polity for Civil Services & Other state examinations
M. P. Jain, Constitution of India