Federal and Unitary Features of the Indian Union

Federal and Unitary Features of the Indian Union

India is different from the United States of America because in the United States, the federation is based on an agreement between different States, and the States have the right to secede from the Union.

The Indian Constitution has the features of both federal and unitary forms of Government.

Federal Features

Distribution of Powers

• Distribution of powers between the Union and the States has been made as per the three lists.

Constitutional Boundaries for Governments

• The Union Government, as well as the State Governments, have to function strictly by the Constitution.

• They can neither alter the distribution of powers nor override the dictates of the Constitution.

Amendment Process

• Indian Constitution is entirely written; an amendment to it must be passed by the Parliament, and if it affects the federal structure, it must be ratified by at least half the State Legislatures.

Independent Judiciary

• Like other federal states, our country also has an independent Judiciary as an essential feature.

Unitary Features of the Indian Constitution

Single Citizenship

• In a federation, people enjoy dual citizenship, but the Indian Constitution provides every Indian with a single citizenship.

Union List and Centre’s Role

• The most important subjects are included in the Union List, which has been allocated to the centre.

Legislation on the Concurrent List

• The centre can legislate on the subjects in the concurrent list.

Residuary Powers of the Centre

• Residuary powers belong to the Centre.

Unified Constitutional Framework

• A single Constitutional Framework has been provided for the Centre as well as for the State.

Impact of National Emergency

• The proclamation of a National emergency can immediately turn the federal system of India into a Unitary one.

Representation in Rajya Sabha

• In a federation, each State should get equal representation, but in the Rajya Sabha, States are represented on the basis of population.

• The President can nominate twelve members to the Rajya Sabha.

Governors’ Appointment

• The Governors of the States are appointed by the President and hold office during his pleasure.

Single Judiciary and Legal System

• The Indian Constitution provides for a single judiciary, a single system of civil and criminal law, and the command of All India Services.

Authority of Key Institutions

• The authority of the Comptroller and Auditor-General and the Chief Election Commissioner uniformly prevails over the Union as well as the States.

The Preamble to the Constitution

The Preamble to the Constitution states the object which the Constitution seeks to establish and promote, and also aids the legal interpretation of the Constitution where the language is found ambiguous.

Reflection of the Objectives Resolution

The ideal embodied in the Objectives Resolution is faithfully reflected in the Preamble to the Constitution, which, as amended in 1976, summarizes the aims and objects of the Constitution.

Text of the Preamble

We, the People of India, having solemnly resolved to constitute India into a Sovereign Socialist Secular Democratic Republic and to secure to all citizens:

• Justice – social, economic, and political

• Liberty – of thought, expression, belief, faith, and worship

• Equality – of status and opportunity

• Fraternity – assuring the dignity of the individual and the unity and integrity of the Nation

In our Constituent Assembly, this twenty-sixth day of November, 1949, we do hereby adopt, enact, and give to ourselves this constitution.

Key Points of the Preamble

The Preamble specifies the source of authority (people of India), the system of Government, the objectives to be attained by the political system, and the date of adoption and enactment of the Constitution.

Preamble and Judicial Interpretation

• Though the Preamble is not enforceable in a court of law, it provides a key to the understanding and interpretation of the Constitution.

• In case of doubt, the Supreme Court has referred to the Preamble to elucidate vague aspects of the Constitution.

Supreme Court Cases Related to the Preamble

• In the Berubari case, the Supreme Court held that the Preamble was not part of the Constitution.

• Later, in the Keshavananda Bharti case, it declared that the Preamble was part of the Constitution.

Lapse of Paramountcy

When the Indian Independence Act 1947 was passed, it declared the lapse of suzerainty (paramountcy) of the crown in sec. 7(i)(b) of the Act.

Provisions of the Act

• As from the appointed day—the suzerainty of His Majesty over the Indian States lapses, and with it, all treaties and agreements in force at the date of the passing of this Act between His Majesty and the rulers of Indian States, all functions exercisable by His Majesty, all obligations of His Majesty existing at that date towards Indian States or the rulers thereof, and all powers, rights, authority, or jurisdiction exercisable by His Majesty at that date in or about Indian States by treaty, grant, usage, sufferance or otherwise.......

Accession of States to the Dominion of India

• Of the states situated within the geographical boundaries of the Dominion of India, all (numbering 552) save Hyderabad, Kashmir, Bahawalpur, Junagarh and the N.W.F. (North-West Frontier) states (Chitral, Phulra, Dir, Swat and Amb) had acceded to the Dominion of India by the 15th August, 1947, i.e. before the 'appointed day' itself.

Final Thoughts

The Indian Constitution is a unique blend of federal and unitary features, ensuring both national unity and regional autonomy. While federal elements like the distribution of powers and an independent judiciary safeguard state rights, the unitary aspects, such as single citizenship, central authority during emergencies, and a uniform constitutional framework, strengthen national integrity.

The Preamble serves as a guiding light, reflecting the ideals of justice, liberty, equality, and fraternity. Historical developments like the lapse of paramountcy and the accession of states laid the foundation for a strong and united India.

Overall, the Constitution’s flexibility allows it to adapt to changing times while staying true to its core principles.