What Are The Essential Characteristics

Of Federal Constitution?
Table of Contents hide
1) Introduction
2) Essential Characteristics of Federal Constitution
3) Is Indian Constitution federal?

Introduction
The federal constitution is a document which divides the powers
between the Union and the Federation of States. In other words, a
federal constitution is the framework document which establishes a
unitary central government comprised of smaller independent
governments such as provinces or states united in a federation. The
federal Constitution marks off the sphere of action of each level of
government by devising an elaborate scheme of distribution of
legislative, administrative, and financial powers between the Centre
and the States. A government is entitled to act within its assigned
field and cannot go out of it, or encroach on the field assigned to
the other government.

Essential Characteristics of Federal Constitution

There are few essential characteristics of a Federal Constitution.
Without the presence of these, a country can never have a Federal
Constitution. These are:

1. Division of Power: The most important characteristics of a

Federal Constitution is the Division of power. In this, one part of
power should be in the hands of the Union Government and others
should be in the hands of State Governments. There is no uniform
method of this division. For example, in the United States of
America, powers given to Union Government are specifically defined
in the Constitution, while the remaining powers known as residuary
powers are given to the states. There, the States are more
powerful. In the case of India, power is divided into Union and
States and the remaining power vests in the concurrent list where
both Union and States can make laws. In case of conflict, the
Union’s stand will prevail. Therefore, here the Union is more
powerful.

2. Written Constitution: It is also important that this type of Constitution must be in written
form. In case of conflict between the Union and the States, there must be a clear source of
information which can clear the doubt between the two. This should be lucid and
unambiguous.
3. Rigid Constitution: This type of Constitution must be rigid
which means that it cannot be amended easily. If it can be amended
easily then Union can gain more power by easily amending the
Constitution. If the amendment of the Constitution is that easy then
it would create a feeling of insecurity in the minds of the State
Government and the Union will act in a dictatorial manner.

4. Supremacy of Constitution: Constitution is regarded as

the “Supreme law of the land” and its supremacy must be
maintained because this will maintain a state of balance between
the Union and the States. Both should work under the domain of the
Constitution as they derive their power through it. Neither should
commence any act which is against the provisions of the
Constitution. Any essential changes should be made according to
the method provided in it.

5. Independent Judiciary: In the state of distribution of power,

there must be an agency which can resolve the conflict (if arises)
between the two and this agency must be independent in nature.
This agency is known as Judiciary. It acts as a guardian to the
Constitution and checks that any act should not supersede the
provisions of the Constitution. It is the judiciary which will interpret
the provisions of the Constitution in case any ambiguity arises. This
is known as the “doctrine of implied powers”.

6. Bicameral Legislature: Every State in a country has different

interests. There must be a platform which can put the voice of state
at the Union level. This is possible only when there are two houses
of the Union Legislation. The first house will look into the matter of
the population. The other house will look upon the interests and
rights of the States.

Is Indian Constitution federal?

The nature of the Indian Constitution is best described by Ivor
Jennings in his words that “India has a federation with a strong
centralized policy”. According to him, the Indian Constitution has
given the power to the states but in a limited manner. This is true in
every sense. For example, in the case of the concurrent list where
both Union and States can make laws but if any conflict arises
between the two, the law made by Union will prevail. This is
enshrined in Article 254 of the Constitution under “Doctrine of
Repugnancy”.

This was held valid in the case of Zaverbhai Amaidas vs The

State of Bombay [AIR 1954 SC 752]. In addition to that, Article
248 says that only Parliament can make laws on the subject which
is not mentioned in any of the three lists. This is known as the
“Doctrine of Residuary Powers”. This was upheld in Union of India
vs H. S. Dhillon [AIR 1972 SC 1061]. Article 249 allows the
parliament to make laws on a subject related to the State list in the
national interest. Article 250 allows the parliament to make laws on
any subject related to State list in the case of the proclamation of
emergency. Other than that, the power of making changes in the
subjects related to the Subject list is in the hands of Union.

Apart from these, Article 258(2) allows Parliament to use State

machineries for the enforcement of Union laws and for this it may
confer power or impose duties upon the State or its officials to see
that the laws are made applicable in the State. All this can be done
without the consent of the State. In this way, we can say that the
Indian constitution is federal in nature as it fulfills all the essentials
conditions of it but it is unitary in spirit.