Nature of the Indian Constitution

Is the Constitution of India Federal?

Traditional Classification followed by political
Scientists, Constitutions are either unitary or
federal.
Unitary Constitution: the powers of the Govt. are
centralized in one govt. i.e. Central Govt. The
Provinces are subordinate to the Centre
Federal Constitution: there is division of powers
between Federal and Provincial govt. and both
are independent in their own spheres.
Quasi-federal : One view is that our constitution is
quasi-federal and contained more unitary than
federal.
Other view is that our constitution is federal with
novel feature adopting itself to national emergencies.
It is necessary to ascertain
1. What federal constitution is and
2. What are its essential characteristics
3. Federal Principles : method of dividing powers so
that the general and regional govt. are co-
ordinate and independent in their own spheres
and not subordinate one another.
American Constitution is universally regarded
as an federal constitution
• The existence of co-ordinate authorities
independent of each other s the gist of the
federal principle.
• Essential characteristics of a federal
Constitution: 1. Distribution of powers 2.
Supremacy of Constitution 3. A written
Constitution 4. Rigidity 5. Authorities of Courts
• The Indian Constitution possesses all
characteristics of a federal Constitution.
 Dual Polity
• A system of double govt. Central and State
• Division of power between Central and State
• Each level of govt. is supreme in its own
sphere
• The Constitution of India is written and is
supreme.
• Cannot be altered without consent of
majorities of the States
• It establishes a Supreme Court to decide disputes
between the States or the States inter se interpret
finally the provisions of the Constitution.
• In the following matters the Indian Constitution
contains the modifications of the federal principles.
1. Appointment of Governors : is required to send
certain State laws for the assent of the President.
The President has power to veto those laws e.g.
art. 200, 288(2)
2. Parliaments power to legislate in the national interest:
U/A 249 Parliament is empowered to make laws with
respect to every matter enumerated in the State List if
the Rajya Sabha passes a resolution by 2/3 majority that
it is necessary in the national interest.
3. parliament’ power to form new states and lter
boundaries of existing states
4. Emergency provisions : War or External aggression or
armed rebellion-352 (2) failure of Constitutional
Machinery in States -356 (3) financial emergency-360
• In short, constitution of India is neither purely
federal nor purely unitary but is a combination
of both. It is a union of composite state of a
novel type. It enshrines the principle that in
spite of federalism, the national interest is
ought to be paramount. Thus Indian
Constitution is mainly federal with unique
safeguards for enforcing national unity and
growth.