Unitary features of Indian Constitution

In spite of the fact that the Indian Constitution establishes a federal structure, it is indeed very difficult to put the Indian Constitution in the category of a true federation. The following provision of Indian constitution makes it unitary .

Union of States: Article I of the Constitution portrays India as an 'Association of States', which suggests two things: right off the bat, it isn't the consequence of an understanding among the States and furthermore, the States have no opportunity to withdraw or isolate from the Union. Also, the Constitution of the Union and the States is a solitary structure from which neither can get out and inside which they should work. The organization is an association since it is indestructible and keeps up the solidarity of the nation.

Arrangement of Governor: Art 155 and 156 give that the Governor, who is the protected leader of a State, is to be delegated by the President and remains just until the delight of the President The Center may assume control over the organization of the State on the proposals of the Governor or something else. As it were, Governor is the operator of the Center in the States. The working of Indian government framework obviously uncovers that the Governor has acted more as focus' delegate than as the leader of the State. This empowers the Union government to practice authority over the State organization.

Representation in the Legislature: The uniformity of units in an alliance is best ensured by their equivalent portrayal in the Uppers House of the government assembly (Parliament). In any case, this isn't pertinent if there should arise an occurrence of Indian States. They have unequal portrayal in the Rajya Sabha. In a genuine alliance, for example, that of United State of America each State independent of their size as far as region or populace it sends two agents in the upper House i.e. Senate.

Appointment on Key Positions: Notwithstanding this, immeasurably imperative arrangements, for example, the Chief Election Commissioner, the Comptroller and Auditor General are made by the Union Government. In addition, there is single citizenship. There is no arrangement for independent Constitutions for the states. The States can't propose corrections to, the Constitution. All things considered alterations must be made by the Union Parliament. All India Services, for example, IAS and IPS have been made which are held under the control of the Union. In money related issues as well, the States rely on the Union all things considered.

Disturbances in the state: In case of disturbances in any State or part thereof, the Union Government is empowered to depute Central Force in the State or to the disturbed part of the State. Also, the Parliament, by law may increase or decrease the area of any State and may alter its name and boundaries.

Unified Judiciary: The federal principle envisages a dual system of Courts. But, in India we have unified Judiciary with the Supreme Court at the apex.

Power to make laws: The Constitution of India engaged the focal government to make laws regarding the matters in the state list. It is practiced just on the issues of national significance and that as well if the Rajya Sabha concurs with 2/3 majority. The constitution builds up a solid Center by doling out immensely imperative subjects to the Center according to the Union List. The State Governments have exceptionally constrained forces.

Power to form new states and to change existing boundaries: Under Art 3, focus can change the limits of existing states and can cut out new states. This ought to be found in the point of view of the verifiable circumstance at the season of freedom. Around then there were no free states. There were just territories that were framed by the British in light of managerial accommodation. Around then States were falsely made and an arrangement to adjust the limits and to make new states was kept so suitable changes could be made according to prerequisite. It ought to be noticed that British India did not have states like the States in the USA.

Emergency Provisions: The President of India can declare three different types of emergency under article 352, article 356 and article 360 for an act of foreign aggression or internal armed rebellion, failure of constitutional machinery in a state and financial emergency respectively.. During the operation of an emergency, the powers of the State Governments are greatly curtailed and the Union Government becomes all in all.

 

kirti kabra 
on 27 September 2018
Published in Constitutional Law
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