Eleanor Finch
The Indian Constitution is a complex document that exhibits both federal and unitary characteristics. While the Constitution does not explicitly mention the term federation, it establishes a dual polity with a division of powers between the Central Government and State Governments, indicating federal principles at play. On the other hand, the Indian judiciary has interpreted the Constitution as unitary, emphasizing the intention to create a strong central government. This topic is of significant importance in the context of Indian polity and governance, often discussed in relation to the spats between the central and state governments.
| Characteristics | Values |
|---|---|
| Division of Powers | The Constitution identifies the powers that are vested with the union and the states. |
| Single Citizenship | Citizens of India enjoy single citizenship, i.e., Indian citizenship or citizenship of the country as a whole. |
| Public Service | The Indian Constitution provides for the creation of all Indian Services like IAS, IPS, and IFS, which are common to both the union and the states. |
| Judicial System | The Indian Constitution has established an integrated judicial system with the Supreme Court as the highest court of justice in the country. |
| Emergency Provisions | When emergency is declared, the Union or Central governments become all-powerful and the State governments come under their total control. |
| Supremacy of Constitution | The Constitution is the main source of power to all three wings of Indian democracy – the legislative, the executive, and the judiciary. |
| Written Constitution | The Constitution of India is written and unambiguous. |
| Rigidity of Constitution | The Constitution is rigid, which makes it easy to maintain its supremacy. |
| Independent Judiciary | The independent and impartial authority of courts is essential for the federal structure of the Constitution. |
| Bicameral Legislature | India has a bicameral legislature – the Indian Parliament has the lower house (Lok Sabha) and the upper house (Rajya Sabha). |
| Dual Government Polity | The Constitution establishes a dual polity, a system of double government with the Central Government and State Government. |
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What You'll Learn
India's constitution is both federal and unitary
The Indian Constitution is considered to be both federal and unitary in nature. It is a combination of federal and unitary features, with a tilt towards a unitary system of government. The Indian Constitution does not mention the word "federation" but instead states that India is a "Union of States". This indicates a federal system, where power is divided between national and local governments.
The Indian Constitution has several federal features. One of the most important is the division of powers between the Central Government and State Governments, with each level of government being independent and supreme in its own sphere. This is facilitated by the three lists in the Seventh Schedule of the Constitution, which outline the subjects each level has jurisdiction over. The Constitution is also written and supreme, with any amendments requiring the approval of both houses of the bicameral legislature. The Constitution establishes a dual polity, or a system of double government, and guarantees an independent judiciary.
However, the Indian Constitution also exhibits unitary characteristics. The judiciary has interpreted the Constitution as unitary, and the courts have recognised the intention of the framers to give a strong centre with the power to prevent the nation from disintegrating. The Constitution provides for the creation of Indian Services, such as the IAS, IPS and IFS, which are common to both the union and the states but are under the supervision and control of the Union government. In addition, India has a unified judicial system with the Supreme Court as the highest court of justice in the country, enforcing both central and state laws.
Overall, the Indian Constitution is a complex blend of federal and unitary features, with the specific nature of its federalism being a topic of ongoing discussion and debate.
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The Indian constitution is not mentioned as a federation
The Indian Constitution establishes the structure of the Indian government, including the relationship between the federal government and state governments. Part XI of the Indian Constitution specifies the distribution of legislative, administrative, and executive powers between the union government and the States of India. The legislative powers are categorised under a Union List, a State List, and a Concurrent List, representing the powers conferred upon the respective levels of government. This federalism is symmetrical, with the devolved powers of the constituent units envisioned to be the same.
The Constitution of India guarantees more powers to the Union List. On Concurrent List subjects, the parliament can make laws that override state laws. The parliament can also make laws regarding certain subjects in the State List. The representation of states in the upper house, the Rajya Sabha, is based on the states' populations, resulting in unequal representation.
The Indian judiciary has a unified or integrated judicial system, with the Supreme Court as the highest court of justice. Below it are the High Courts of the states, which enforce both central and state laws. In an emergency, the Union or Central governments become all-powerful, and state governments come under their total control, losing their autonomy.
The Indian Constitution provides for the creation of All Indian Services like IAS, IPS, and IFS, which are common to both the union and the states. The members of these services are appointed and trained by the union and can be deployed in either union or state governments, but they remain under the supervision and control of the Union government, which infringes on the federal nature of the polity.
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The Indian constitution has a written form
The Indian Constitution is the supreme legal document of India and the world's longest written constitution for a sovereign nation. It is also the world's most frequently amended national governing document, having been amended over 100 times since its enactment. The original, hand-written constitution was signed by each member of the assembly, with one copy in Hindi and the other in English.
The Indian Constitution is a blend of flexibility and rigidity. While certain provisions can be easily amended, amendments that seek to change aspects of federalism in India are more challenging to implement. The Constitution is so specific in spelling out government powers that many amendments address issues dealt with by statute in other democracies.
The Constitution lays down the framework that demarcates the fundamental political code, structure, procedures, powers, and duties of government institutions. It also sets out fundamental rights, directive principles, and the duties of citizens. For example, the Constitution establishes an integrated judicial system with the Supreme Court as the highest court of justice in the country, and all other subordinate courts falling under it.
The Indian Constitution also provides for the creation of All Indian Services such as IAS, IPS, and IFS, which are common to both the union and the states. The members of these services are appointed and trained by the union and can be employed by both union and state governments, although they remain under the supervision and control of the Union government.
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The Indian constitution divides powers between the centre and the states
The Indian Constitution is a federal constitution, with a clear division of powers between the centre and the states. This division of powers is a key feature of a federal constitution, and in India, it is facilitated by the three lists given in the Seventh Schedule of the Constitution. These lists outline the subjects and areas each level of government has jurisdiction over.
The three lists are the Union List, the State List, and the Concurrent List. The Union List includes items of national importance, such as defence, foreign affairs, and currency, which are under the purview of the central government. The State List includes subjects like health, land, and agriculture, which are under the domain of the state governments. The Concurrent List includes subjects on which both the central and state governments can make laws, with the laws made by the parliament or central government taking precedence over those made by the state legislatures.
The Indian Constitution also establishes a dual polity or a system of double government, with the Central Government and State Governments as two seats of power, each supreme in its own sphere. This is another essential feature of a federal constitution, where each level of government is autonomous and can act independently of the other. However, the Indian Constitution leans more towards a unitary system, with more power vested in the central government. For instance, the parliament can make laws on some matters that override state laws, and the states' representation in the Rajya Sabha (upper house) is based on population, resulting in unequal representation.
The Indian Constitution also provides for the creation of All Indian Services, such as the IAS, IPS, and IFS, which are common to both the union and the states. The members of these services are appointed and trained by the union and can serve in both union and state governments, but they remain under the supervision and control of the Union government. Additionally, India has a unified judicial system with the Supreme Court as the highest court of justice, above the High Courts of the states. This single system of courts enforces both central and state laws, maintaining the unity of the Indian federation.
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The Indian constitution guarantees an independent judiciary
The Indian Constitution is considered both federal and unitary in nature, exhibiting features of both systems. While the Indian Constitution does not explicitly mention the term "federation", it does refer to India as a "Union of States". This indicates a federal structure, where power is divided between national and local governments.
The independence of the judiciary is enshrined in the Constitution and guaranteed by the State. This means that the judiciary has the freedom to interpret the law and the Constitution without influence from other branches of government, political parties, or public opinion. The separation of powers is a key aspect of ensuring judicial independence, allowing judges to make impartial decisions based on their interpretation of the laws and facts.
In India, the judiciary is headed by the Supreme Court, which is the highest court in the country. The Supreme Court has the power of judicial review, enabling it to strike down any law that is deemed unconstitutional or arbitrary. The independence of the Indian judiciary was affirmed in the case of S.P. Gupta v. Union of India, where the court emphasized the significance of this principle in the country's democratic system.
The Indian Constitution also provides for High Courts, whose judges are appointed with minimal interference from other branches of government. The removal of Supreme Court and High Court judges is carefully regulated, with impeachment as the primary method for proven misbehaviour or incapacity. The tenure, salaries, allowances, and pensions of judges are secured by law, further reinforcing their independence.
In conclusion, the Indian Constitution guarantees an independent judiciary through a combination of constitutional provisions, judicial interpretation, and structural safeguards. This independent judiciary serves as a check on the executive and legislative branches, promoting good governance and ensuring that government actions align with constitutional principles.
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Frequently asked questions
The Indian Constitution is both federal and unitary in nature, exhibiting characteristics of both systems. It is considered a quasi-federal system.
The Indian Constitution has a written form, establishing a dual polity with a division of powers between the Central Government and State Governments. It also features an independent judiciary, bicameral legislature, and constitutional supremacy.
The Indian Constitution provides for the creation of All Indian Services, such as IAS, IPS, and IFS, which are supervised and controlled by the Union Government. Additionally, India has a unified judicial system with the Supreme Court as the highest authority.
