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TOPIC :
NATURE OF
CONSTITUTION OF INDIA,
FEDRAL OR UNITARY
Sneha pandey
Introduction
Constitution
• Constitution word derived from latin word constitute meaning to 'constituent‘ which
means 'to form', 'to establish' or 'to compose'.
• Constitution is arrangement of Supreme Power according Aristotle
• Dr. B.R. Ambedkar is known as the father of Indian constitution. He was a head of drafting
committee of constitution of India
• A Constitution is a book containing a set of rules that guide how a country, state or other
political organisation will work. The constitution tell what the branches of the government
are what a power they have, and how the work. it also the states the right of the citizens.
• The constitution of India came into a force 26th January 1950 it was adopted on 26th
November 1949 (Two month earlier) and 2 year 11 month 18 days to complete this world
longest constitution.
• Constitution is a lady of rule containing a rights and duties of citizens and also provision
related with the framework of government
• Constitution is derived from latin word constituent you which means regulations and
orders
• The original constitution was hand written by Prem Behari Narain Raizada (calligrapher).
• Constitution is also called a Supreme law of India
Constitution is also called a Supreme law of India
• Constitution divided into-
• 22 parts
• 12 schedual
• 395 articles
• It was said the constitution of India is socially Federal with the sum
streaking unitary features
• Nature of Indian Constitution-
●Fedral government
●Unitary governmen
Unitary government
• Unitary government is a single power government
• In this Central government is supreme.
• In this system centre has full Central and other are subordinate or
under them.
Features of government
1Single citizenship-if a person take birth or reside in that country or state
was regarded as a citizen of the at country if a person is a citizen of a
country and that he cannot the citizenship of the other country or dual
citizenships it is a centrally applicable India and Canada have single
citizenship.
• 2.No Dual system government-it has integrated judiciary Indian
constitution has established the integrated judicial system which
means the supreme court is at the top and state and high court are
below its single citizenships of a court in force and centre and state
laws.
• 3.Powerful union government-division of power is between centre
and state government union or Central government is more
powerful than state government take all the states subject of the
state list from the state government and Central executive power of
the state government.
• 4.Financial independence-state government is totally dependent on
the union Central Government for any kind of found they don’t have
their owns source of this
Federal principle
The basic principle of federalism is division of power the centre and the
state are not subordinate but co-ordinate with each other they work
independently in their own sphere in other word ITC to bring unity in
diversity and the achievement of common National goals privation as well
as the settlement of conflict of the interest of centre and the state is an
important part of the federalism this is the reason why the constitution has
adopted the federal features through it is not a complete federal nation.
Characteristic of federal constitution
1. Supremacy of law-the constitution is the supreme law the term law is
involve the rules regulation by the law notification order ordinance and even
the custom having the force of law of federal state derived its existence from
the constitution every type of be the legislative administrative of judicial
irrespective of it being at the centre or the state level the controlled by or the
subordinate to the constitution article 13 (2)provide that the state shall not
make any love which take away any right guaranteed under the path third of
the Indian constitution and to the extent of such contraventions and the law
is the considered void.
2 Distribution of power-federalism the distribution of power forms and
important and integral part distribution of power between the centre and
the state and other coordination bodies present in the constitution this
division of the government power into National and regional government is
done by way of three list which are the union state and the concurrent list
these leads a list provide in the 7thschedule to the constitution only the
central government deal with the issues mention in the union list.
3 Written constitution-a federal constitution must be written since the
federal nature of the constitution involve a lot of contract hence it would be
impractical is not to have these written moreover to maintain the
supremacy of the constitution it is the intermediate to have a written
constitution .
4.Rigidity-The constitution should be rigid and permanent the louses set of
document cannot be set to a federal constitution the method of the
amendment should be rigid otherwise the basic principle of the constitution
would be under a thread however the rigidness of the constitution should
not be confused with the in flexibility the constitution is an organic
document and should be a flexible enough to accommodate according to
the changing time
5. Authority of court-the
judiciary has final authority to
interrupt the constitution the
rational for this provisions is
that only an independent
tribunal which is authorised to
resolve the dispute between the
centre and the state government
as regards to the India the
supreme court is that federal
tribunal which has such power
and competency the supreme
court is authority authorise
exercise such power by way of
the article 131 of the Indian
constitution.
Distinction
Unitary
• Places it’s Power in one central
governing system
• Very little political power exist
outside the central government.
• All major government decisions
are made by the central
government.
• Many unitary government are
either dictatorship or totalitarian.
• China Afghanistan Italy Zambia
and Ukraine and example of the
unitary republic Government
Federal
• Distribution power from
National local government State
government
• Power maybe the diffused in the
federal system.
• Larger country often and adopt
the federal system.
• Ethnicities with in a country may
lead to a federal system and
example of this is the small
country of Belgium which
balance the need to distinct
ethnic group.
• The United state has a federal
governing system
Cases:
Sat pal vs State of Punjab and Others
In this case, the court held that in the absence of the terms fedral or
federation and the existence of unitary features single citizenship, a
single constitution, integrated judiciary, strong centre, etc can help us
conclude that the constitution of india is more quasi –fedral than fedral
and unitary.
The chairman of drafting committee, DR. Ambedkar had therefore
appropriately said that ‘’Our Constitution would be both unitary as
well as fedral as per the prerequisites of time and circumstance.
Conclusion
In short it may be concluded that the Indian constitution is a
combination of both unitary and federal state where more features
are there for federal. Thus Indian constitution is mainly federal with
some unitary features for national unity and growth.

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Constitution.docx

  • 1. TOPIC : NATURE OF CONSTITUTION OF INDIA, FEDRAL OR UNITARY Sneha pandey
  • 2.
  • 3. Introduction Constitution • Constitution word derived from latin word constitute meaning to 'constituent‘ which means 'to form', 'to establish' or 'to compose'. • Constitution is arrangement of Supreme Power according Aristotle • Dr. B.R. Ambedkar is known as the father of Indian constitution. He was a head of drafting committee of constitution of India • A Constitution is a book containing a set of rules that guide how a country, state or other political organisation will work. The constitution tell what the branches of the government are what a power they have, and how the work. it also the states the right of the citizens. • The constitution of India came into a force 26th January 1950 it was adopted on 26th November 1949 (Two month earlier) and 2 year 11 month 18 days to complete this world longest constitution. • Constitution is a lady of rule containing a rights and duties of citizens and also provision related with the framework of government
  • 4. • Constitution is derived from latin word constituent you which means regulations and orders • The original constitution was hand written by Prem Behari Narain Raizada (calligrapher). • Constitution is also called a Supreme law of India Constitution is also called a Supreme law of India • Constitution divided into- • 22 parts • 12 schedual • 395 articles • It was said the constitution of India is socially Federal with the sum streaking unitary features • Nature of Indian Constitution- ●Fedral government ●Unitary governmen
  • 5. Unitary government • Unitary government is a single power government • In this Central government is supreme. • In this system centre has full Central and other are subordinate or under them. Features of government 1Single citizenship-if a person take birth or reside in that country or state was regarded as a citizen of the at country if a person is a citizen of a country and that he cannot the citizenship of the other country or dual citizenships it is a centrally applicable India and Canada have single citizenship. • 2.No Dual system government-it has integrated judiciary Indian constitution has established the integrated judicial system which means the supreme court is at the top and state and high court are
  • 6. below its single citizenships of a court in force and centre and state laws. • 3.Powerful union government-division of power is between centre and state government union or Central government is more powerful than state government take all the states subject of the state list from the state government and Central executive power of the state government. • 4.Financial independence-state government is totally dependent on the union Central Government for any kind of found they don’t have their owns source of this Federal principle The basic principle of federalism is division of power the centre and the state are not subordinate but co-ordinate with each other they work independently in their own sphere in other word ITC to bring unity in diversity and the achievement of common National goals privation as well as the settlement of conflict of the interest of centre and the state is an
  • 7. important part of the federalism this is the reason why the constitution has adopted the federal features through it is not a complete federal nation. Characteristic of federal constitution 1. Supremacy of law-the constitution is the supreme law the term law is involve the rules regulation by the law notification order ordinance and even the custom having the force of law of federal state derived its existence from the constitution every type of be the legislative administrative of judicial irrespective of it being at the centre or the state level the controlled by or the subordinate to the constitution article 13 (2)provide that the state shall not make any love which take away any right guaranteed under the path third of the Indian constitution and to the extent of such contraventions and the law is the considered void. 2 Distribution of power-federalism the distribution of power forms and important and integral part distribution of power between the centre and the state and other coordination bodies present in the constitution this division of the government power into National and regional government is
  • 8. done by way of three list which are the union state and the concurrent list these leads a list provide in the 7thschedule to the constitution only the central government deal with the issues mention in the union list. 3 Written constitution-a federal constitution must be written since the federal nature of the constitution involve a lot of contract hence it would be impractical is not to have these written moreover to maintain the supremacy of the constitution it is the intermediate to have a written constitution . 4.Rigidity-The constitution should be rigid and permanent the louses set of document cannot be set to a federal constitution the method of the amendment should be rigid otherwise the basic principle of the constitution would be under a thread however the rigidness of the constitution should not be confused with the in flexibility the constitution is an organic document and should be a flexible enough to accommodate according to the changing time
  • 9. 5. Authority of court-the judiciary has final authority to interrupt the constitution the rational for this provisions is that only an independent tribunal which is authorised to resolve the dispute between the centre and the state government as regards to the India the supreme court is that federal tribunal which has such power and competency the supreme court is authority authorise exercise such power by way of
  • 10. the article 131 of the Indian constitution. Distinction Unitary • Places it’s Power in one central governing system • Very little political power exist outside the central government. • All major government decisions are made by the central government. • Many unitary government are either dictatorship or totalitarian. • China Afghanistan Italy Zambia and Ukraine and example of the unitary republic Government Federal • Distribution power from National local government State government • Power maybe the diffused in the federal system. • Larger country often and adopt the federal system. • Ethnicities with in a country may lead to a federal system and example of this is the small country of Belgium which
  • 11. balance the need to distinct ethnic group. • The United state has a federal governing system Cases: Sat pal vs State of Punjab and Others In this case, the court held that in the absence of the terms fedral or federation and the existence of unitary features single citizenship, a single constitution, integrated judiciary, strong centre, etc can help us conclude that the constitution of india is more quasi –fedral than fedral and unitary. The chairman of drafting committee, DR. Ambedkar had therefore appropriately said that ‘’Our Constitution would be both unitary as well as fedral as per the prerequisites of time and circumstance.
  • 12. Conclusion In short it may be concluded that the Indian constitution is a combination of both unitary and federal state where more features are there for federal. Thus Indian constitution is mainly federal with some unitary features for national unity and growth.