Federal and Unitary Features of Indian Constitution - Indian Polity Notes

Federal and Unitary Features of Indian Constitution - Indian Polity Notes

Amruta Patil

Jan 23, 2024

Indian Constitution provides for a federal system with a unitary bias. The Union List subjects are governed by the Central government, whereas the State List is governed by the states. States in India, unlike states in the United States, do not have the power to write their own constitutions. The term "unitary bias" comes from the fact that the Central Government has residuary powers. The Indian federal system is based on the Canadian model. The UPSC Indian Polity and Governance Syllabus include the Federal Features and Unitary Features of the Indian Constitution. In this article, we will discuss Federal Features as well as some Unitary features.

UPSC CSE IAS

Indian Constitution leans in favour of a strong Centre, a feature that militates against the concept of strong federalism.

Federal and Unitary Features

Federal Features

Federal Features - Indian Constitution

The federal features of the Constitution of India are given below:

Written Constitution:

Features of the Indian Constitution is not only a written document but also the longest constitution in the world. It specifies the structure, organisation, powers and functions of both the central and state governments and prescribes the limits within which they must operate. Thus, it avoids misunderstandings and disagreements between the two.

Dual Polity:

The constitution establishes a dual polity that includes the union at the centre and states at the periphery. Each is endowed with sovereign powers to be exercised in the field assigned to them respectively by the Constitution.

Bicameralism:

The constitution provides for a bicameral legislature in which an upper house (Rajya Sabha) and a lower house (Lok Sabha). Rajya Sabha represents the states of the Indian Union, whereas The Lok Sabha represents the people of India as a whole.

Division of Powers:

The Constitution divided the powers between the Center and the states in terms of the Union List, State List, and Concurrent List in the Seventh Schedule.

Supremacy of the Constitution:

The Constitution is the supreme law of the country. The laws made by the Center and the states should be in conformity with Provision. Otherwise, they may be declared invalid by the Supreme or High Court through its power of judicial review.

Rigid Constitution:

The division of powers established by the Constitution as well as supremacy of the constitution can be maintained only if the method of its amendment is rigid. It is necessary for both houses to agree to amend the constitution. Federal provisions can be amended only by special majority of the parliament along with the approval of half of the state legislatures.

Independent judiciary:

The constitution establishes an independent judiciary headed by the Supreme Court for two purposes: one, to protect the supremacy of the constitution, and two, to settle the disputes between the Centre and states or between the states.

Unitary Features

Unitary features - Indian Constitution

Besides the above federal features, the Indian constitution also possesses the following unitary features:

Strong Centre:

The division of powers is in favor of the center and unequal from a federal point of view. Firstly, the Union list contains more subjects than the state list, secondly, the more important subjects have been included in the union list and the Centre has overriding authority over the concurrent list.

Single constitution:

The constitution of India embodies not only the constitution of the Centre but also those of the states. Both the Centre and the States must operate within this single frame.

States not indestructible:

Unlike in other federations, the states in India have no right to territorial integrity. The parliament can change the area, boundaries, or name of any state.

Emergency provisions:

The emergency provisions are contained in Part XVIII of the Constitution of India, from Articles 352 to 360. In the emergency provisions, the central government becomes all-powerful and the states go into total control of the Centre.

Single citizenship:

Single citizenship means one person is a citizen of the whole country. The constitution deals with citizenship from Articles 5 and 11 in Part 2.

All India services:

In India, there are all India services [IAS, IPS and IFS] which are common to both the Centre and the states. These services violate the principle of federalism under the Constitution. The members of these services are recruited and trained by the Centre which also possess ultimate control over them.

Appointment of governor:

The governor is appointed by the president. He also acts as an agent of the Centre. Through him, the Centre exercises control over the states.

Integrated election machinery:

The election commission conducts elections for central and state legislatures. But the Election Commission is constituted by the president and the states have no say in this matter.

No equality of state representation:

The states are given representation in the upper house on the basis of population. Hence, the membership varies from 1 to 31.

Integrated Judiciary:

The term Integrated Judiciary refers to the fact that rulings made by higher courts bind lower courts. The Supreme Court of India incorporates all lower courts, from the Gram Nyayalayas to the High Courts. The Supreme Court is at the very top.

Integrated Audit Machinery:

The Comptroller and Auditor-General of India has an organization that is run by officials from the Indian Audit and Account Services, a central service that is responsible for not just the Union Government's accounts and auditing, but also the accounts and auditing of the States. CAG’s appointment and removal is done by President without consulting the states.

Veto Over State Bills:

The governor has the authority to hold certain types of bills passed by the state legislature for presidential consideration. The President has the authority to refuse to sign such bills not only in the first instance but also in the second. As a result, the President has absolute (rather than suspensive) veto power over state legislation. However, in the United States and Australia, states are independent within respective fields, and no such reservation exists.

From the above, it is clear that India has deviated from the traditional federal systems like the USA and incorporated a large number of unitary features, tilting the balance of power in favor of the Centre. K C where described the constitution of India as “quasi-federal”.

Supreme Court Decisions

Supreme Court Important Decision Related To Federal And Unitary Features Of Indian Constitution - System Of Government

In S R Bommai case 1994, the Supreme Court laid down that the constitution is federal and characterized federalism as its ‘basic features’. In the Bommai case SC said that states have an independent constitutional existence. They are not satellites or agents of the Centre. Within the sphere allotted to them, the states are supreme.

In Kuldeep Nayyar vs Union of India, the Supreme Court held that federalism is a fundamental feature of the Constitution of India and is unique in its nature and is tailored to the specific needs of the country.

Conclusion

Conclusion

The framers recognized the unparalleled diversity within India, absent in any other federal system. They acknowledged the need for a cohesive force to bind the distinct powers of individual units, preventing administrative collapse. Simultaneously, a system of checks on the central government's authority was crucial, achieved through the delegation of powers to states for managing their internal affairs. The uniqueness of the Indian Constitution lies in its innovative blend of unitary and federal characteristics, coining the term "union of states" to aptly describe its distinctive nature.

FAQs

FAQs

Question: What are the salient features of the Indian federalism system?

Answer:

The constitution of India provides for a federal system of government in the country. Some of the features are a clear division of powers between the center and the states, independent judiciary, bicameral legislature, dual government politics, the supremacy of the constitution etc.

Question: The federal system of India is based on the model of which country?

Answer:

The constitution of India provides for a federal system of government in the country. The Indian federal system is based on the Canadian model. The 'Canadian model' is different basically from the 'American model' as far as it is established a very strong Centre.

Question: What is the fundamental difference between the federal and unitary constitutions?

Answer:

A unitary system is administered constitutionally as a single unit with a single legislature formed by the constitution. This means that all government authorities are concentrated in a single government, the Central Government. The United Kingdom is the most well-known example of a unitary constitution. The provinces are subject to the centre in a unitary constitution, while there is a division of powers between the federal and state administrations in a federal constitution. Both are self-sufficient in their own right. India's constitution has elements of both a unitary and a federal constitution.

UPSC Mains Practice Question:
  1. Though the federal principle is dominant in our constitution and that principle is one of its basic features, it is equally true that federalism under the Indian Constitution leans in favour of a strong Centre, a feature that militates against the concept of strong federalism. Discuss. (2014)
  2. Discuss the major extra-constitutional factors influencing the federal polity in India. (2008)
  3. Examine the demand for greater State-autonomy and also its impact on the smooth functioning of the Indian polity. (2008)
  4. The jurisdiction of the Central Bureau of Investigation(CBI) regarding lodging an FIR and conducting probe within a particular state is being questioned by various States. However, the power of States to withhold consent to the CBI is not absolute. Explain with special reference to the federal character of India. (UPSC 2021)
  5. How far do you think cooperation, competition and confrontation have shaped the nature of federation in India? Cite some recent examples to validate your answer.(UPSC 2020)
  6. From the resolution of contentious issues regarding distribution of legislative powers by the courts, ‘Principle of Federal Supremacy’ and ‘Harmonious Construction’ have emerged. Explain (UPSC 2019)
  7. The concept of cooperative federalism has been increasingly emphasized in recent years. Highlight the drawbacks in the existing structure and the extent to which cooperative federalism would answer the shortcomings. (UPSC 2015)
MCQs

MCQs

Question: Which of the following Is/are unitary elements in the Indian federal system? [Test Series Question]

  1. All India services
  2. Appointment of governors
  3. Judicial review

Select the correct answer from the codes given below:

(a) Only 1 and 2

(b) Only 1 and 3

(c) Only 2 and 3

(d) All of the above

Answer: (a) See the Explanation

A federal government is in which powers are divided between the central {union} government and the regional {state} governments by the Constitution itself and both operate in their respective jurisdiction independently. For example, USA, Switzerland, Australia and India, etc.

The appointment of governors and all India services are the important features of the Indian federal system. So, statements 1 and 2 are correct.

Judicial review, decentralization of power and bicameral legislature etc are the important features of the unitary form of the government system. Therefore, statement 3 is incorrect.

Question: Which of the following is not a federal feature of the Indian constitution? [Test Series Question]

(a) Independent judiciary

(b) Single citizenship

(c) Distribution of powers between Centre and states

(d) Entirely written constitution

Answer : (b) See the Explanation

The constitution of India provides for a federal system of government in the country. The Indian federal system is based on the Canadian model. The Indian constitution has both federal and unitary features. Its federal features include a written constitution, rigid constitution, distribution of powers between Centre and states, Independent judiciary, bicameral legislature etc.

However, it also includes features like single citizenship, the appointment of governors, emergency provision etc which are unitary features.

Therefore, option (b) is not correct.

Question: Which one of the following in Indian polity is an essential feature that indicates that it is federal in character? [UPSC 2021]

(a) The independence of judiciary is safeguarded.

(b) The Union Legislature has elected representatives from constituent units.

(c) The Union Cabinet can have elected representatives from regional parties.

(d) The Fundamental Rights are enforceable by Courts of Law.

Answer: (a) See the Explanation

Dual government polity,Division of powers between various levels,A written constitution,Supremacy of the Constitution,Rigidity of constitution,Independent and Integrated Judiciary,Bicameralism are the essential features of federation.

Therefore (a) is the correct answer.

Question: Which one of the following is not a feature of Indian federalism? [UPSC 2017]

(a) There is an independent judiciary in India.

(b) Powers have been clearly divided between the Centre and the States.

(c) The federating units have been given unequal representation in the Rajya Sabha.

(d) It is the result of an agreement among the federating units.

Answer: (d) See the Explanation

Dual government polity,Division of powers between various levels,A written constitution,Supremacy of the Constitution,Rigidity of constitution,Independent and Integrated Judiciary,Bicameralism are the essential features of federation.The Indian federation is not the result of an agreement among the states, like the American Federation. The states have no right to secede from the federation.

Therefore (d) is the correct answer.

Question: The Parliament of India acquires the power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the(UPSC 2016)

(a) Lok Sabha by a simple majority of its total membership

(b) Lok Sabha by a majority of not less than two-thirds of its total membership

(c) Rajya Sabha by a simple majority of its total membership

(d) RajyaSabha by a majority of not less than two-thirds of its members present and voting

Answer: (d) See the Explanation

Under Article 249, Parliament of India acquires the power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the RajyaSabha by a majority of not less than two-thirds of its members present and voting.

Therefore (d) is the correct answer.

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*The article might have information for the previous academic years, please refer the official website of the exam.
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