nature of Indian Constitution

1. NATURE OF INDIAN
CONSTITUTION
(FEDERAL / UNITARY / QUASI-FEDERAL /
COOPERATIVE FEDERALISM)

2. INTRODUCTION
• The Indian constitution adopted the democratic
feature which is neither purely federal nor purely
unitary but is a combination of both.
• Dr. Ambedkar has categorically said in Constituent
Assembly discussions that notwithstanding certain
provisions that centralize the powers, Indian
Constitution is essentially federal.
• Prof. Wheare and some other academicians, however,
are hesitant in calling it a federal constitution and
prefer to term it as "quasi-federal" or "federal with
strong centralizing tendency".

3. TYPES OF DEMOCRATIC CONSTITUTION
• Typically, democratic constitutions are classified into two
categories - Unitary and Federal.
• In a unitary constitution, all the powers are concentrated in a
central authority. The states or the constituents of the
country are subordinate to such central authority.
• The constitutions of Britain and France are the prime
examples of a unitary constitution
• In a federal constitution, powers are distributed among the
center and the states. States are not subordinates of the
center.
• The constitutions of USA, Australia, and Switzerland are
prime examples of a federal constitution.

4. ESSENTIAL FEATURES OF FEDERAL CONSTITUTION
•The following are the defining features of
federalism:
1. Distribution of Powers between center and
states.
2. Written Constitution.
3. Rigidity of the Constitution.
4. Supremacy of the Constitution.
5. Independent Judiciary.

5. ESSENTIAL FEATURES OF UNITARY CONSTITUTION
• The following are the defining features of Unitary
Constitution:
1. A Single Central all-powerful Government
2. Flexibility of the Constitution and Administration
3. Single Citizenship
4. Integrated judiciary
5. Emergency Provisions

6. QUASI FEDERAL
• Quasi-federalism is used to describe a system with federal
government but unitary spirit.
• The constitution of India neither is a complete federation
nor it is completely unitary. It has the features of both.
• Indian Constitution is a unique blend of federal and unitary
features, which is more tilited/bended towards the
federalism, and hence termed as Quasi Federal
Constitution
• Sir Ivor Jennings was of the view that India has a federation
with a strong centralizing policy.

7. Continue….
• In the words of D.D.Basu, the Constitution of India is neither
purely federal nor unitary, but is a combination of both. It is
a union or a composite of a novel type. It is often defined to
be quasi-federal in nature. Thus we can safely say that It is
primarily federal having some unitary features.
• The framers of the Constitution have modified the true
nature of Indian federalism by incorporating certain non-
federal features in the Constitution as well. This has lent
support to the contention that the Indian Constitution is
federal in form but unitary in spirit.

8. 1. Written Constitution:
•The Indian Constitution is a written document
containing 395 Articles and 12 schedules, and
therefore, fulfils this basic requirement of a
federal government. In fact, the Indian
Constitution is the most elaborate Constitution
of the world.
•Till date various Amendments has been done in
the Indian Constitution.

9. 2. Supremacy of the Constitution:
•India’s Constitution is also supreme and not the
hand-made of either the Centre or of the States. If
for any reason any organ of the State dares to violate
any provision of the Constitution, the courts of laws
are there to ensure that dignity of the Constitution is
upheld at all costs. (Article 13 & 32)
•The Supreme Court of India can declare a law as
unconstitutional or ultra Vires, if it contravenes any
provisions of the Constitution. (Judicial Review)
•Doctrine of Basic Structure

10. 3. Rigid Constitution:
• The Indian Constitution is largely a rigid Constitution.
All the provisions of the Constitution concerning
Union-State relations can be amended only by the
joint actions of the State Legislatures and the Union
Parliament. Such provisions can be amended only if
the amendment is passed by a two-thirds majority of
the members present and voting in the Parliament
(which must also constitute the absolute majority of
the total membership) and ratified by at least one-half
of the States.(Article 368)

11. 4. Division of Powers:
• In a federation, there should be clear division of powers so that the
units and the centre are required to enact and legislate within their
sphere of activity and none violates its limits and tries to encroach
upon the functions of others. This requisite is evident in the Indian
Constitution. (Article 245)
• The Union Government enjoys exclusive power to legislate on the
subjects mentioned in the Union List. The State Governments have
full authority to legislate on the subjects of the State List under
normal circumstances. And both the Centre and the State can’t
legislate on the subjects mentioned in the Concurrent List. (Article
246)

12. Cont….
• The Seventh Schedule contains three Legislative Lists which
enumerate subjects of administration, viz., Union, State and
Concurrent Legislative Lists.
• The Union List consisted of 97 subjects, the more important of which
are defence, foreign affairs, railways, posts and telegraphs, currency,
etc.
• The State List consisted of 66 subjects, including, inter-alia public
order, police, administration of justice, public health, education,
agriculture etc.
• The Concurrent List embraced 47 subjects including criminal law,
marriage, divorce, bankruptcy, trade unions, electricity, economic and
social planning, etc.

13. 5. Independent Judiciary:
• In India, the Constitution has provided for a Supreme Court
and every effort has been made to see that the judiciary in
India is independent and supreme. In order to ensure the
impartiality of the judiciary, our judges are not removable by
the Executive and their salaries cannot be curtailed by
Parliament. State is directed to keep the Judiciary separate
from other organs of the Government.
• Article 50 – Seperation of Judiciary from Executive
• Article 121 – Restriction from Discussion in Parliament

14. Cont…..
• Article 124 – Establishment of Supreme Court of India (Appointment
and removal on ground of proved misbehavior or incapacity with
special majority of the Houses; and prohibition from practice)
• Article 125 – Salaries etc. of Judges
• Article 129 – Supreme Court to be a Court of Record & punish for
Contempt.
• Article 131 – Original Jurisdiction of Supreme Court
• Article 136 – Special Leave Petition
• Article 13 – Judicial Review
• Article 32 – Writ Jurisdiction

15. 6) A Strong Centre
• The result of the distribution of powers between the
federation and the units (VII Schedule) is that the State
Governments are governments of limited and enumerated
powers. Though the Union Government is also a government
of limited and enumerated powers but if laws made by State
is inconsistent with the laws made by Union, then the Union
law will prevail and State laws up to the extent of
repugnancy is void. (Article 254)
• Residuary Powers provided to Union (Article 248).

16. Continue…
• Article 249 – Power of Parliament to legislate with respect to
a matter in the State List in the national interest
• Article 250 – Power of Parliament to legislate with respect to
any matter in the State List if a Proclamation of Emergency is
in operation
• Article 253 – Legislations for giving effect to International
Agreements

17. Continue…
• Article 280 – Finance Commission
• Article 352, 356 & 360 – Emergency Provisions.
• Article 368 – Amendment (There is no provision for
separate Constitutions for the states. The States
cannot propose amendments to, the Constitution. As
such amendments can only be made by the Union
Parliament)

18. 7) Appointment of the Governor of a State
• Art 155 and 156 provide that the Governor, who is the
constitutional head of a State, is to be appointed by the
President and stays only until the pleasure of the President.
• Further, the Governor can send the laws made by the state
for assent from the President. (Article 201 & 202)
• In past 50 yrs, there has been only one case (In re Kerala
Education Bill), where amendments to a state law were
asked by the center and that too after the opinion of the
Supreme Court. Thus, it does not tarnish the federal
character and states are quite free from outside control.

19. 8) Unitary in Emergencies:
• The Indian Constitution is designed to work as a federal
government in normal times, but as a unitary government
in times of emergency.
• Under the Constitution, the President of the Republic has
been given emergency powers. An emergency can arise
both in the political and financial fields. Center has the
power to take complete control of the State in emergency
situations. (Articles 352, 356 & 360). In all the above cases,
an elected state government can lose control of the state
and a central rule can be established.

20. Continue….
• In the first case (Art. 352), it is very clear that such a provision is not
only justified but necessary to protect the existence of a state. A state
cannot be left alone to defend itself from outside aggression.
• In the third case also (Art. 360), it is justified because a financial
emergency could cause severe stress among the population, plunge
the country into chaos and jeopardize the existence of the whole
country.
• The second situation (Art. 356), is most controversial. It gives the
center the power to take over the control of a state. However, such an
action can be taken only upon the advice of the governor and such an
advice is not beyond the purview of the Supreme Court.

21. 9) Single Citizenship:
• The Indian federation is a dual polity with a single
citizenship for the whole of India.
• Every Indian has the same rights of citizenship, no
matter in which State he resides.

22. Continue….
• Article I of the Constitution describes India as a ‘Union
of States’, which implies two things: firstly, it is not the
result of an agreement among the States and
secondly, the States have no freedom to secede or
separate from the Union. Besides, the Constitution for
the Union and the States is a single framework from
which neither can get out and within which they must
function. The federation is a union because it is
indestructible and helps to maintain the unity of the
country. So, there is single citizenship

23. COOPERATIVE FEDERALISM
• Cooperative Federalism means a structure of government where
Centre and State works together in cooperation with each other.
• India is a beautiful melting pot of diversity. The same needs to be
valued and cherished. And there isn’t a better way to do so than by
cooperative federalism.
• In the famous words of Justice Nani Palkhivala – ‘People of several
states sink or swim together, and that in the long run, prosperity and
salvation are in innovation and not in division; mutuality and not
conflict; cooperation and not competition’.

24. Continue….
• Both Centre and State governments must attend to the task of
preserving our nationhood through constructive cooperative
federalism which requires a great deal of commitment.
• Jawaharlal Nehru, while moving his Objectives Resolution on 13
December, 1946, reiterated that the need for a measure of uniformity
in regard to apparatus and machinery of government at the Central
level was to be considered in “cooperation and consultation with the
states”, and that “all power and authority of the Sovereign
Independent India, its constituent parts and organs of government,
are derived from the people”.

25. Continue…..
• The Constituent Assembly members did a commendable job
by envisaging a cooperative federalism set up, as they could
foresee that only a cooperative federal set up could ensure
that the needs of security, defence, urge for a welfare state
and meeting the situation of economic crisis are catered to
along with addressing the demands of the country’s
constituent states, as a result of which India as a nation
would last. In fact, the strong central bias in the constitution
has been a boon to keep India together with such large
diversities and when forces of communalism, separatism
and linguism were rampant.

26. Continue…
• Article 252 – Power of Parliament to legislate for two or
more States by consent and adoption of such legislation by
any other State
• Article 256 & 257 – Executive Powers of Union & State.
• Article 261 – Public acts, records and judicial proceedings
• Article 262 – Inter State River Water Dispute
• Article 263 – Inter State Council
• Article 268 to 270 – Distribution of Revenue between
Union & States

27. Continue….
•Article 246A - Special provision as to GST
•Article 279A – Goods & Service Tax Council
•Article 280 – Finance Commission
•Article 285 to 289 – Exemption from Taxes
•Article 301 to 307 – Trade, Commerce & Intercourse
within the territory of India
•Article 312 – All India Services
•Article 315 – Public Service Commission for Union &
States