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DAILY
CLASS NOTES
Indian Polity

Lecture - 06
Distinctive Features of Indian
Federation (Part-02)
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Distinctive Features of Indian Federation (Part-02)

Distinctive Features of the Indian Constitution:
❖ There are many unitary features in the Indian Constitution
❖ States do not have a separate Constitution of their own. There is no dual citizenship enjoyed by the people
in India. Whereas, in the US, there is a provision of dual citizenship.
❖ NOTE: Since states do not have a separate constitution of their own so they cannot confer certain extra rights
of the people who are ordinarily the resident of the state.
❖ Article 3: The Parliament can change the name, area, and boundary of the state without the consent of the
state. This means, the states are destructible units of the federation. Whereas in the US not even an inch can
be taken away from the state by the center without the consent of the State.
❖ Schedule 7 of the Constitution: It provides for the distribution of subjects between center and state in the
form of 3 lists:
1. Union List
2. State List
3. Concurrent List
❖ The division of power is heavily tilted in favour of the Centre; the largest and most important number of
subjects have been provided under the Union list.

Union List
❖ The central government has exclusive jurisdiction over the subjects given under the state list.
❖ The most important subjects have been included in the union list. Example: Defence etc.

Concurrent List
❖ In the case of the concurrent list, both State and Centre can legislate but the Centre will have a prior and
superior claim of legislation, i.e., both can legislate but the Parliamentary law will prevail over the state
legislation.

State List
❖ The State legislature enjoys jurisdiction over the state list but this jurisdiction is not exclusive. It means
the Parliament can also legislate on the subjects of the state list under five extraordinary circumstances. These
conditions/circumstances are the following:
1. Article 249: If the Rajya Sabha passes a resolution supported by 2/3rd of the members present and voting
on the ground that it is necessary for the national interest that Parliament should assume jurisdiction over
the state subjects then Parliament assumes jurisdiction over the specified State subjects for a period of not
more than 1 year.
2. Article 250: When the national emergency is proclaimed under Article 352 then the Parliament assumes
jurisdiction over the State List (Concurrent Legislative Jurisdiction).
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3. Article 252: If two or more State legislatures pass resolutions authorizing the Parliament to legislate over
one or more State subjects then Parliament assumes jurisdiction over those State subjects for States
concerned only.
4. Article 253: The Parliament can legislate on the State subject in order to implement international
agreements or treaties.
5. Article 356: If the President's rule is enacted then the State Legislature is either suspended or dissolved
then Parliament.

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