ADNAN BELIM

LLM (CONSTITUTIONAL LAW)

1ST SEMESTER

CLASS TEST

ANS 1-
India practices the parliamentary form of government in which executive and legislature are linked
to each other. So, the doctrine of separation of powers is not implemented in its strict sense.
However, the composition of our constitution creates no doubt that the Indian Constitution is
bound by the separation of powers. There are various provisions under the Indian Constitution that
clearly demonstrate the existence of the doctrine of separation of powers. This principle is followed
both at the centre and the state level.
The Indian Constitution lays down various articles which defines the separation of power among
the three organs of the government. However, few are the provision which defies the strict
application of separation of power among the organs of the government. As a result, judiciary is
endowed with extraordinary powers also under the constitution. Following are the provisions which
demonstrates the same:
a)      Article 145 of the Indian Constitution allows the Supreme Court to make laws with approval of
the President for the court proceedings and the practices.
b)      Article 146 of the Indian Constitution lays the provisions for the appointment of the servants
and officers of the Supreme Court by the Chief Justice of India with consultation from President and
the Union Public Service Commission.
c)      Article 229 of the Indian Constitution lays the provision for the appointment of the servants
and officers of the High Courts with the consultation of the Governor and the State Public Service
Commission.
d)      Article 32, Article 226 and Article 136 of the Indian Constitution provide the power of judicial
review to the Supreme Court to strike down any law made by the Parliament or any administrative
action which is found to be unconstitutional.
The Supreme Court, in order to keep check and balances over the law and legal regulations made
by the local, state, or central government, exercises the power of judicial review, if in the eyes of SC
such law is against the provisions of the Indian Constitution. It directly gives the SC the power to
declare an action of the executive or legislative as unconstitutional.
Judicial Review is governed by the principle of “Procedure established by law” as given in Article 21
of the Indian Constitution. The law has to pass the test of constitutionality if it qualifies it can be
made a law. On the contrary, the court can declare it null and void.

ANS 2-
A constitution can be either unitary or federal. A unitary system is governed constitutionally as one
single unit, with one constitutionally created legislature. but in the federal constitution, there is a
division of powers between the federal and the state governments.
The Indian Constitution provides for both federal and unitary or non-federal form of government,
which can be seen in the following explanations:
It is federal due to the subsequent reasons: -
• The constitution creates a dual polity, with the Union at the centre and the States on the
perimeter.
• The written Indian Constitution establishes the authorities and functions of the centre and the
state. It also specifies the boundaries, eliminating any misunderstandings.
• The Constitution's supremacy is maintained at all costs by all organs.
• The constitution under a federal system may be very strict. Because the division of powers is fully
described in the Indian Constitution, it is rigorous. Because it is the supremacy, it must be amended
by both the central and state governments working together. The Indian Constitution is rigorous in
this sense.
• Being federal necessitates the existence of a separation of powers. The Seventh Schedule has
three legislative lists, namely, the Union, State, and Concurrent Lists, indicating a federal
component.
• The Supreme Court is established by the Constitution. In addition, every effort has been taken to
ensure that India's court remains independent and supreme.
• The Indian Constitution also establishes a bicameral legislature at the national level, consisting of
the Lok Sabha and the Rajya Sabha.
It is unitary due to the subsequent reasons: -
• From a federal standpoint, the division of powers favours the Centre and is very inequitable.
• Unlike other federations, India's states have no claim to geographical integrity. Any state's
boundaries or name can be changed unilaterally by the Parliament. This does not need a clear
majority, but only a simple majority.
• During a federation, the states usually have the right to write their own constitutions that are
separate from the central government's. However, the Indian Constitution does not grant the states
such authority.
• The Constitution defines three types of national, state, and financial emergencies. The federal
structure is transformed to a unitary structure during an emergency, making the Central
Government paramount.
• Despite having a dual polity, India's Constitution established a single citizenship system.
• The Indian Constitution established an integrated judiciary, with the Supreme Court at the top
and the state high courts at the base. Both the central and state laws are enforced by one single
judicial system.

Since it incorporates all of the typical characteristics of a federation and a substantial number of
unitary or non-federal elements, it can be clearly stated that India is a Quasi Federal Nation.