NATURE OF THE INDIAN GOVERNMENT

NATURE OF THE INDIAN GOVERNMENT

Introduction

Article 1(1) of the Indian Constitution defines India as a "union of states," highlighting its unique character distinct from a traditional federation. The Nature of the Indian Constitution reflects its unique blend of federal and unitary features, embodying flexibility and rigidity. The Indian Constitution is often described as quasi-federal because it combines features of both federal and unitary systems.

The Federal Features are as under: -

1. Written Constitution

Federalism requires a written Constitution. India has a written constitution, which clearly defines the powers and functions of both the Union and the State Governments. This provides a legal framework that helps to avoid conflicts of jurisdiction.

The Constitution of India has been provided with an inclusive Written Document Comprising the Structure,

Powers, and Functions of Different Organs of Government. This Written Character gives Clarity and Stability to the Federal Structure.

2.Supremacy of the Constitution:

The Constitution holds supreme and is a binding authority on both Governments, neither of them can be in a position to override the provisions of the Constitution. The Constitution is the main source of all the powers of the Executive, legislative, and judiciary. All the institutions function under the control of the Constitution, they derived their existence from the Constitution.

3. Division of Powers

The Indian Constitution lays down an elaborate division of legislative powers between the Union and state government in the Seventh Schedule. The executive powers of the Union and state govenulients co-exist with their legislative powers. The powers of the Union and state govenulie~lts are enlisted in three lists known as: The Union list, the State list and the Concurrent list.

4. Lengthiest Written Constitution

A federal government must have a written constitution. The Constitution of India is the lengthiest of all the written Constitutions of the world. It is a very comprehensive and detailed document.

5. A Blend of Rigidity and Flexibility:

The Constitution of India is neither rigid nor flexible, but a synthesis of both. A Constitution of a country is considered to be a permanent document. It is the supreme law of the land. This supremacy of the Constitution can only be maintained if the method of amendment is rigid.

6. Independent judiciary – the constitution provides for an independent and integrated judiciary. The lower and district courts are at the bottom levels, the high courts are at the state levels and at the topmost position is the Supreme Court of India. All courts are subordinate to the Supreme Court.

7. Bi-Cameral Legislature:

India has a Bi-cameral legislature and it is an essential feature of federalism. In India bicameral legislature i.e. two houses in the Parliament of India i.e. Upper House (Rajya Sabha) and the lower house ( Lok Sabha). Few states in India have also a bicameral legislature; Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh each have two houses Vidhan Sabha as the Upper House and Vidhan Parishad as the lower house. While the remaining states are unicameral legislatures.

The Unitary Features are as under: -

The Indian government exhibits unitary features despite its federal structure.

1. Single Constitution

India has a single constitution that governs both the centre and the states. Both the states and the centre are expected to perform with this single framework.

2. More power vests with the Centre – The Union list has a greater number of subjects in comparison with the state list. The most important subjects have been listed in the central list. Even in the concurrent list, the centre has the overriding power.

3. Single Citizenship – Single citizenship is a constitutional principle in India whereby all citizens irrespective of the state in which they are born or reside enjoy the same political and civil rights of citizenship all over the country, and no discrimination is made between them.This helps in increasing the feeling of nationality as it forges unity amidst regional and cultural differences.

4. Emergency provisions

The Constitution envisages three types of emergencies:

(a) National emergency on the grounds of war or external aggression or armed rebellion (Article 352);

(b) State emergency (President’s Rule) on emergency caused by failure of constitutional machinery in States (Art. 356); and

5. Appointment of Governor

The Governors of the States are appointed by the President (Articles 155 and 156) and answerable to him.

6. New states formation

States in the country have no geographic sovereignty.

· Article 2:

Grants Parliament the power to admit or establish new states within the Union, and to make laws on the terms and conditions of such admission or establishment.

· Article 3:

Provides the procedure for forming new states, altering areas, boundaries, or names of existing states, and includes Union territories within the definition of "State" for this purpose.

7. All India Services – Through the All India Services such as the IAS, IPS, etc. the centre interferes in the executive powers of the states. These services also offer uniformity in administration throughout the nation.

8. Integrated election machinery – The Election Commission of India is responsible for conducting free and fair elections at both the centre and the state levels in India. The members of the EC is appointed by the president.

9. Integrated Audit Machinery

The Comptroller and Auditor General of India has the authority not only to audit the central government but also all the states through the officers of Indian Audit and Accounts Services.

10. Financial Dependence of States

In a federal structure, the states must be financially independent so that they have the utmost autonomy. In India, however, the states depend on the centre for their funds and all development. The States in India have few revenue avenues but have immense expenditure requirements. This creates a financial dependence on the centre.

CONCLUSION

The constitution in India which is singular to both the centre and the State is said to be federal in structure. However, the constitution also has a very strong Unitary bias. In short, it may be concluded that the Constitution of India is neither purely federal nor purely unitary but is a combination of both. It enshrines the principle that inspite of federalism, the national interest ought to be paramount. Thus, the Indian Constitution is mainly federal with unique safeguards for enfor cing national unity and growth.

References

· K.C Wheare, India’s New Constitution Analysed

· V. N Shukla and Mahendra Pal Singh, V.N. Shukla’s Constitution of India (13th edn, Eastern Book Company 2017)

· Janavi Venkatesh (OP Jindal Global University) - Nature of Indian Constitution

· M.P.Jain- Indian Constitution Law

· Jennigs – Some Characteristics of Indian Constitution

· K.C Wheare, Federal Government (4th Edn. 1963)

· https://www.drishtiias.com/to-the-points/Paper2/salient-features-of-indian-constitution

· https://byjus.com/free-ias-prep/federalism/

· https://egyankosh.ac.in/bitstream/123456789/68777/1/Unit-5.pdf