Federal vs Unitary Features of India
Elaboration
- Federal features:
- Dual polity (Union and states) with separate spheres.
- Division of powers via the 7th Schedule (Union, State, Concurrent lists, Arts 245-255).
- Written, supreme Constitution; rigid in federal provisions (Art 368(2) proviso).
- Independent judiciary as the umpire ( Art 131 original jurisdiction in Centre-state disputes).
- Bicameralism with Rajya Sabha as the federal chamber.
- Unitary (non-federal) features:
- Strong Centre (Union List is longer; Art 248 residuary with Centre).
- Art 3: Parliament can alter states' boundaries/names without their consent.
- Single citizenship, integrated judiciary, All-India Services (IAS/IPS/IFS), Governor appointed by President (Art 155) and reserving Bills (Art 200), Arts 249, 250 (Parliament can legislate on state subjects), Art 356 (President's Rule), Art 352 (national emergency converts federal to unitary), Art 360.
- Integrated audit (CAG), Election Commission, Finance Commission (Art 280).
- Nature of Indian federalism: Described by K.C. Wheare as quasi-federal; by Granville Austin as cooperative federalism; by Ivor Jennings as federation with a centralising tendency; Ambedkar: Union of States (not a federation by agreement) and "indestructible Union of destructible states". The Constitution can be federal in normal times and unitary in emergencies.
- S.R. Bommai (1994): Federalism is a basic feature. State of West Bengal v Union of India (1963): India is not a true federation but a Union with unitary features.
- Recent trends: GST Council ( 101st Amendment) as a cooperative federalism model; NITI Aayog replacing Planning Commission.
Key points to remember
- Union of States (Art 1), not a federation of states: states have no right to secede, and no separate constitution.
- Art 248 + Art 3 + Art 356 + Art 200 = unitary bias.
- Residuary powers with Union = Canada model; Concurrent List = Australia.
- Bommai (1994) = federalism is a basic feature; strengthens states against misuse of Art 356.
PYQ / MCQ
1.Which of the following is a unitary feature of the Indian Constitution?
(a) Division of powers
(b) Single citizenship
(c) Written constitution
(d) Independent judiciary
Answer: (b)
2. Who described the Indian Constitution as 'quasi-federal'?
(a) Granville Austin
(b) K.C. Wheare
(c) Ivor Jennings
(d) Ambedkar
Answer: (b)
Under which Article can Parliament alter the boundaries of states?
(a) Art 2
(b) Art 3
(c) Art 4
(d) Art 5
Answer: (b)