1. Unitary Costitution
In a Unitary Constitution the powers
are centralised in one government viz.
Central Government
The Provinces are subordinate to the
Center
Central Government has empowered
with interference in the authority of
States
2. Indian Constitution with
Modification in federal principle
1. Appointment of Governors :
The Governors of the States are appointed
by the President (A. 155 and 156)
Governors are answerable to the
President
But Governor is the only Constitutional
head of the State who shall act on the
advice of his Ministers
Governor is required to send certain State
laws for the assent of the President on
3. Parliament’s power to legislate in
the national interest
Under Art 249 Parliament is empowered
to make laws
with respect to every matter
enumerated in the State List
if the Rajya Sabha passes a resolution
by 2/3 majority that it is necessary in the
national interest
This contradicts the division of powers
between Central and States
4. There can not be any objection to this
provision
A subject in the State List assumes
national character
Parliament can make a law on it
In Normal course this is not possible
unless the Constitution is amended
This special provision helps to
avoidance of the formal amendment of
Constitution
The provision is an overriding on the
State’s powers to legislate
5. Contradictory but Constitutionally
valid provision
Under this provision which is not the
federal feature;
1. Constitution is amended without formal
procedure
2. this power is given by the Council of
States (Rajya Sabha) itself by passing a
resolution supported by 2/3 majority of the
members present
This effects that the Constitution is
amended by the agreement of majority of
States (A249)
6. Parliament’s power to form new
states and alter boundaries of
existing States
The Parliament of India may form new
States;
It may increase or diminish the area of
any State and;
It may alter the boundaries or name of
any State (Art. 3);
The provision which makes States
dependent of sweetwill of the Union
Government
7. The power conferred on Parliament :
To make territorial adjustment is based
on variability of
Religion, Language, Geographical
difference of region in the Nation
Though the division of powers between
States and Centre is not followed in this
reference;
States are not subordinate but the
Union is in position of guardian of
States for the good governance
8. Emergency Provisions
The Constitution Envisages three types
of emergencies :
1. Emergency caused by war or external
aggression or armed rebellion (Ar. 352)
2. Emergency caused by failure of
constitutional machinery in States (Art.
356)
3. Financial emergency (Art. 360)
When the proclamation of emergency is
made under Art. 352,
The normal distribution of powers
between States and Centre undergo a
9. Emergency provisions & position of the
Centre
Parliament is empowered to make laws
with respect to any matter enumerated in
the State List
The Centre is empowered to give
directions to any State using executive
powers
President may by order direct that all or
any of the provisions of Arts. 278 to 279
relating to distribution of revenue between
the Centre and the State shall take effect
with such exception or modification as he
10. President Rule
Under Art. 356 if the President is
satisfied :
That Government of a State cannot be
carried on in accordance with the
provisions of the Constitution;
He can dismiss the State ministry;
And dissolve the Legislature
And assume all the functions of the
State
Thus the basic element of a federal
constitution is completely suspended
11. Quasi Federal feature
Emergency provision which are
happening of specific contingencies do
not modify or destroy the federal system
It visualises the contingencies when the
strict application of the federal principle
might destroy the basic assumption on
which our Constitution is built
The Constitution by adopting itself to a
changed circumstances strengthens the
Government in its endeavour to
overcome the crisis
12. In an emergency the behaviour of each
Federal Constitution is very much
different from that in peace time
The term quasi federal does not denote
how powerful the Centre is, or what kind
of a special position is occupied in
Unitary State and a Federation
The Fundamental principle of federation
is distribution of powers between centre
and the States done by Constitution
13. Prof. Wheare
Feel that America is truly having the
Federal Constitution
But to accept the same pattern of
federalism in India is not possible
Federalism in India varies on the ground
of many factors : historical,
geographical, economical, political,
sociological
14. The Framers of the Indian Constitution
have defined the Indian Federal structure
not with an eye on theoretical but on
practical considerations
Practical needs of the Nation
Indian Constitution not purely Federal or
not purely Unitary
But a combination of both
National interest is always paramount;
not the pattern of federalism
