A unique feature of the Indian Constitution

e-content prepared by Dr. Rakesh Ranjan

(for PG 3rd Sem Students)
INDIAN FEDERAL SCHEME
 Quasi federal- KC Wheare

 Unitary with federal features

 Federal with unitary features

 Centralized federation

 Federal in structure, unitary in spirit

 Co-operative federalism- Granville Austin

 INDIAN FEDERAL SCHEME
 A close study of USA, Canada, Australia

 Incorporated the advantages

 Tried to mitigate the usual weakness

 Not the orthodox federal scheme

 Novel techniques

 Distinctive features
WRITTEN CONSTITUTION
 Explicit division of power
 Centripetal and centrifugal forces
 Constitutional unity
 Harmonize opposing ideas
 Common goals
RIGID CONSTITUTION
 Centre and state do not easily divert
 Special majority
 50% of total strength + 2/3rd majority present and
voting
 Plus ratification of half the states
 All articles affecting federal structure
 America- passed by 2/3rd majority and ratified by 3/4th
of the states.
SUPERIORITY OF CONSTITUTION
 A federal state derives its existence from constitution
 constitution is legally binding on both the Central and
State Governments
 Even judges are bound by it
 USA each state has different constitution
INDEPENDENCE OF JUDICIARY
 Impartial and independent
 Guardian of the constitution
 Points of independence
 Judicial review
 Article 131
 DIVISION OF POWER
 Elaborate scheme of distribution
 Matters of national importance
 Matters of local concern

 Legislative, administrative and financial

 Act in it’s assigned field

 Cannot encroach upon another

DUAL POLITY
 Governments are co-ordinate authority
 Not legally or politically superior
 Independent in their sphere
LIST SYSTEM
 3 LIST
 Union List- 97 subjects- railway, currency, defense
 State- 66 subjects- public order, police, agriculture
 Concurrent List- 47 subjects- criminal law, marriage,
divorce
BICAMERALISM
 Two houses
 Upper house units gets representation
 Representatives elected by the state legislative
assemblies
 America equal representation
 Earlier indirect election
 Now direct after 17th amendment 1913
UNION OF STATES
 Article 1
 Instead of word federation
 Not a result of agreement
 Latin word feodus
 DIFFERENT NAMES
 Chief Justice Beg, in State of Rajasthan v UOI, 1977
 called the Constitution of India as ‘amphibian’.
 S.R. Bommai v Union of India,- PRAGMATIC
FEDERALISM
 Shamsher Singh v. State of Punjab- ‘more unitary than
federal
STATE OF WEST BENGAL V. UNION
OF INDIA
 Indian Constitution is not a “traditional federal
Constitution”
 no provision of separate Constitutions for each State
 Power of initiating amendment
 no concept of dual citizenship
 UNITARY GOVERNMENT
1) reorganize the states through parliament
 Article 3
 referred by the President to the Legislature of that
State for expressing its views
 within such period
 No such law as aforesaid shall be deemed to be an
amendment of this Constitution for the purposes of
Article 368 PART II C ITIZENSHIP
 UNITARY GOVERNMENT
2) Governors appointed by the Centre
 Article 155

3) Removal of Governor
Holds office “during the pleasure of the President”
(B.P. Singhal v. Union of India) 2010
 Without reason or opportunity to be heard
 cannot be exercised in an arbitrary, capricious or
unreasonable manner
 UNITARY GOVERNMENT
4) Article 200
 reserve for the consideration of the President
 derogate from the powers of the High Court
 The West Bengal Motor Vehicles Tax (Amendment)
Bill, 1983
 The Bihar Urban Property (Ceiling) Bill, 1972
5) Article 201
• President may direct the Governor to return the Bill to
the House
 UNITARY GOVERNMENT
6) Article 249
 Not found in other federations
 State can also make laws
 Repugnancy will apply

7) Article 250
 National Emergency
 situational and temporary provision
 6 months after emergency
 UNITARY GOVERNMENT
8) Article 252
 #union of India v. Basavaiah Choudhary
 Only two house, not governor
 11 states agreed for urban Land ( Ceiling & Regulation)
 Amendment in the laws- same manner
 State should authorize
 Not found in USA, Canada, Australia
 UNITARY GOVERNMENT
9) Article 253

 The Protection of Human Rights Act, 1993

 Paris Principles, 1991

 In Re. By President of India under Article 143(1), AIR 1960

 Maganbhai v. Union of India, AIR 1960 SC 783

 HM Seervai- avoid the difficulties faced by Canada in implementing

inter ..
 UNITARY GOVERNMENT
10) Article 312
 All India Services
 recruited, trained and appointed by the Centre
 function under the State Government
 removal from service
 reduction in rank
 controlled by the Central Government
 UNITARY GOVERNMENT
11) The Seventh Schedule
 heavily in the favor of Centre
 largest number
 important subjects
 almost all the tax subjects
 UNITARY GOVERNMENT
12) Article 254
13) State Emergency Article 356
 State legislature suspended/ dissolved
14) Single Citizenship
15) Integrated Judiciary
 Article 132- 134
16) Residuary Powers with centre
 Entry 97, List 1
 Article 248
UNITARY GOVERNMENT
17) Single Constitution
18)Amendment Procedure
 Only centre initiated
 Certain provision very flexible
19) Unequal Representation in the upper house
UNITARY GOVERNMENT
20) Centralized Election Commission- 325
21) Appointment and removal of High Court Judges
 Article 217
 By President
 CJI and collegiums
 Removed by parliament
CONCLUSION
 Pragmatic federalism
 Central tendencies in all federation is the latest trend
 Sui generis
 Now matter of degree
 Not of kind