Malcolm Rivera
The Indian Constitution is a dynamic and evolving document that blends federal and unitary features, creating a unique system that balances power between the central and state governments. It establishes a dual polity, with the Union and state governments handling different areas of governance. The federal features of the Indian Constitution include the division of powers, constitutional supremacy, a written constitution, rigidity, an independent judiciary, and a bicameral legislature. The goal of federalism is to preserve personal liberty by separating the powers of the government so that one group may not dominate all powers.
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What You'll Learn
Dual government polity
The Indian Constitution is the supreme law of the Republic of India. It is one of the longest and most detailed written constitutions in the world. It lays down the framework for the country’s political system, defining the powers and responsibilities of government institutions, and outlining the principles of governance.
The Constitution of India has been described as 'federal in form but, unitary in spirit', 'quasi-federal', 'bargaining federalism', 'co-operative federalism', and a 'federation with a centralising tendency'. It has adopted the British Parliamentary System of Government, which is based on the principle of cooperation and coordination between the legislative and executive organs.
The Indian Constitution establishes a dual polity system, i.e. federal in nature, that consists of the central authority and the states. The central government in Delhi is the high-powered authority that governs the country, maintaining the state governments and their actions upon the states. It is more powerful than the state governments and can make laws that are amended across the country. The Constitution defines the distribution of power between the states and the centre, including the division of legislative, executive, and financial powers.
The Constitution identifies the powers that are held by the union and the states, with both governments independent in their respective charges. Items of national importance, such as defence, foreign affairs, and currency, are union or central subjects, while subjects like health, land, and agriculture fall under the domain of the states.
The Indian Constitution also establishes an integrated and independent judicial system. The Supreme Court is the highest court of appeal and the guardian of the Constitution, with high courts at the state level and a hierarchy of subordinate courts below them.
Understanding Schedules in the Indian Constitution
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Division of powers
The Indian Constitution establishes a dual polity, with a division of powers between the Central Government and the State Governments. This division of powers is a key feature of a federal constitution.
In a federal constitution, there is a clear distribution of power, with both the centre and the states being independent in their areas. The Indian Constitution defines the distribution of legislative, executive, and financial powers between the two. The constitution identifies the powers that are rested with the union and the states. The union or central subjects include items of national importance, such as defence, foreign affairs, and currency, while the states are responsible for subjects like health, land, and agriculture.
The Indian Constitution also establishes a multilevel or multilayered federation, with multiple modes of political power distribution. This includes the union, states, sub-state institutional arrangements such as regional development/autonomous councils, and lower-level units of local self-government (panchayats and municipalities). Each unit carries out its constitutionally mandated federal duties independently of the others. The 73rd and 74th Constitution Amendment Acts further federalize India's powers by granting authority to directly elected panchayats and municipal bodies at the village and municipal levels.
The Indian Constitution is also characterized by the supremacy of the constitution, which is seen as the main source of power for the three wings of Indian democracy: the legislative, the executive, and the judiciary. The constitution is the fundamental law of the land, embodying the values, principles, and governance framework of the country. It serves as the supreme law, guiding the state's functioning, ensuring citizens' rights, and outlining the principles of governance.
While the Indian Constitution establishes a federal system, it also has a strong unitary bias and is often referred to as a quasi-federal state due to its strong central mechanism. In a quasi-federal system, the center has more power than the states, and the constitution guarantees more powers to the Union List. The Parliament can also make laws on some matters that override the laws made by state legislatures. This combination of federal and unitary characteristics allows the Indian Constitution to work as a unitary system when required, such as in cases of perceived threats to national unity or territorial sovereignty.
Elementary Education: India's Constitutional Rights and Provisions
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Independent judiciary
The Indian Constitution establishes an independent judiciary, with the Supreme Court at its apex. The Supreme Court is the highest court of appeal and the guardian of the Constitution, protecting the supremacy of the Constitution and the fundamental rights of citizens. The independence of the judiciary is part of the basic structure of the Indian Constitution and is essential for the smooth functioning of the country's democracy.
The judiciary's role is to interpret the Constitution authoritatively and settle disputes between the Centre and the states or between the states. It is the duty of the government to ensure the independence of the judiciary by removing all interference from other organs of the government. The judiciary should be free from all influences and interests of the government and the ruling party and should not act on its behalf. Judges should have the freedom to exercise their judicial powers without any influence, pressure, or fear, and they should interpret the law and the Constitution impartially.
The Indian Constitution provides for a single integrated system of courts to administer both Union and State laws. Below the Supreme Court are the High Courts at the state level, and under each High Court are the District Courts and other lower courts. Village or Panchayat Courts function in some states to decide civil and criminal disputes of a petty and local nature.
The Supreme Court Judges cannot be removed from office except by an order of the President passed after an address in each House of Parliament, supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting. This process helps to safeguard the independence of the judiciary and protect it from external influences.
The concept of an independent judiciary in the Indian Constitution was inspired by the laws of the United States of America, but India has had a well-maintained judicial system free from external influences since ancient times. The independence of the judiciary is crucial for ensuring the vibrant democratic spirit of the nation.
The Ninth Schedule: Judicial Review and the Indian Constitution
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Quasi-federal system
The Indian Constitution is the supreme law of the Republic of India, providing a framework for the country's political system and defining the powers and responsibilities of government institutions. It is one of the longest and most detailed written constitutions in the world.
The Indian Constitution has been described as "quasi-federal" by Prof. K.C. Wheare, "a federal system with a significant leaning towards the Centre" by the Supreme Court of India, and "a federation with a unitary bias" by others. This is because, despite having federal features, it combines characteristics of a federal government with those of a unitary government.
A quasi-federal government is one in which the division of powers between the federal and state governments is unequal, with the federal government holding supreme power. In India, the Constitution provides the Central Government with supreme powers and concentrates administrative and financial powers in its hands. The Central Government has the unitary authority to appoint Governors for various states, who are the representatives of the Central Government and the constitutional heads of the states.
The Indian Constitution establishes a dual polity with a division of powers between the Central Government and the states. The Constitution identifies the powers that reside with the union and the states, with both governments being independent in their respective charges. The Central Government deals with issues of national importance, such as defence, foreign affairs, and currency, while the State Governments handle day-to-day activities and issues specific to their states, such as health, land, and agriculture.
The Indian Constitution also establishes an integrated and independent judicial system, with the Supreme Court at the top, followed by high courts at the state level and a hierarchy of subordinate courts below them. The Supreme Court interprets the Constitution authoritatively and ensures that parliamentary actions adhere to constitutional norms and protect the fundamental rights of citizens.
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Flexibility and rigidity
The Indian Constitution is the supreme law of the Republic of India. It is a lengthy, detailed, and comprehensive document that establishes a dual polity, with a Central Government and State Governments, each supreme in their own sphere. The Constitution is federal in nature, but with a tilt towards a unitary system of government.
The Indian Constitution is a blend of flexibility and rigidity. Certain provisions of the Constitution can be easily amended, but if amendments seek to change aspects of federalism, this is not an easy process. The Constitution is flexible in that it combines the characteristics of a federal government with those of a unitary government. It is rigid in that it guarantees more powers to the Union List, and the Parliament can make laws that override the laws made by a state legislature.
The Indian Constitution is also rigid in that it establishes a parliamentary system not only at the Centre but also in the states. It is flexible in that it recognises and promotes the establishment of a multilevel or multilayered federation with multiple modes of political power distribution. It is also flexible in that it allows for the formation of new states and the alteration of boundaries of existing states.
The Constitution is further rigid in that it establishes an integrated and independent judicial system. It is flexible in that it allows for a synthesis of parliamentary sovereignty and judicial supremacy, with the judiciary serving as the guardian of the Constitution, ensuring that parliamentary actions adhere to constitutional norms and protect fundamental rights.
Overall, the Indian Constitution is a complex document that combines elements of both flexibility and rigidity, allowing for a dynamic and adaptable system of government that also maintains a strong framework of fundamental principles and structures.
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Frequently asked questions
The Indian Constitution establishes a federal system of government, with features including:
- A clear division of powers between the central government and the states
- An independent judiciary
- Bicameral legislature
- Dual government polity
- Supremacy of the constitution
- Written constitution
The Indian Constitution establishes an integrated and independent judicial system. The judiciary interprets the constitution authoritatively and its stance in constitutional disputes is binding on all parties. The Supreme Court is the highest court of appeal and the guardian of the constitution.
India is considered a quasi-federal system as it blends both federal and unitary features. While federalism in India upholds the separation of powers between states and the central government, the constitution tilts the balance of power towards the centre. This is to ensure national unity and effective central control.
