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Constitutional Law

India follows a federal system of government with a dual government structure at the central and state levels. However, the Indian system exhibits some unitary features as well with the central government holding significant powers over states. The Indian Constitution and courts have characterized India's system as a quasi-federal system leaning more towards unitary features to protect national unity and integrity.

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30 views8 pages

Constitutional Law

India follows a federal system of government with a dual government structure at the central and state levels. However, the Indian system exhibits some unitary features as well with the central government holding significant powers over states. The Indian Constitution and courts have characterized India's system as a quasi-federal system leaning more towards unitary features to protect national unity and integrity.

Uploaded by

ejbeth01
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as KEY, PDF, TXT or read online on Scribd
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INDIAN FEDERALISM:

FEATURES AND UNIQUENESS


ELIZABETH JAMES_1492
INDIAN FEDERALISM

INDIA - UNION OF STATES - 28 States and


8 UT

Federal System - Clear-cut separation of


powers between Centre and State
Government.

Federal Nature of India - Quasi federal

Is India a quasi- federal State with strong


inclination towards unitary features?

Or does it have equal distribution of features


of the Federal and Unitary system?
FEATURES OF A FEDERAL GOVERNMENT

Dual Government

Distribution of Powers

Supremacy of the Constitution

Authority of Courts
India follows a dual government system - Centre and
State governments

Division of powers- 7th Schedule of the Constitution -


Union, State and Concurrent List.

Supremacy of the Indian Constitution - Written


Constitution

Authority of Courts - Independent of judiciary.


Unitary features of Indian system Federal features of Indian system
Flexibility of the Indian Constitution Government at two levels - central
and state
More centralisation of powers with the Centre Division of powers - 7th schedule
Unequal representation of states in Rajya Sabha Supremacy of the constitution
The executive is a part of the legislature Independent judiciary
Lok Sabha holding more power than Rajya Written constitution
Sabha
Centre has emergency and residuary powers
Single citizenship
All India Services
Integrated election machinery - Election
commission of India
Governor and President has veto powers
State of West Bengal v. UOI, 1963 AIR 1241

The SC offered the first instance for discussing whether the Indian system follows a federal nature?

The issue in this case evolved around the question of exercise of sovereign power by individual
states in India.

The Court held that India does not have the features of an absolute federal state. The Court pointed
out several factors like no separate constitution for each States, power to amend the Constitution by
the Parliament, absence of dual citizenship etc. to say that structure of the Indian Union given under
the Constitution is more centralised and thus India does not have a “traditional federal structure”

However, Justice Subba Rao gave a dissenting opinion that Indian Constitution also follow a federal
structure. He pointed out features like distribution of power under the 7th Schedule, authority of
Courts, India as a Union of States under Art. 1 of the Constitution etc.
Courts have observed in a number of cases
(State of Karnataka v. UOI, S R Bommai case,
State of Rajasthan v. UOI) that the framers of
the Constitution intended to provide a federal
structure with a strong Centre, so as to protect
the integrity of the Nation.

So we can see as to the answer of to our


question that India is a quasi - federal state with
more inclination towards the features of Unitary
government, thereby vesting more power with
the Union.
THANKYOU

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