24) Indian constitution is federal - Discuss
Answers
The Indian Constitution is federal because there are two levels of the government- the Union and the state governemnts. There also exists the local government at the local level.
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Explanation:
A unitary system is composed of one central government that holds all the power, but a federal system divides power between national and local forms of government.
India is a federal country. But not once in the constitution is the word “federation” ever mentioned. Instead what is said is that India is a “Union of States’.
Federal features of Indian constitution:
Division of Powers: The Seventh Schedule of the Constitution contains three lists of subjects which show how division of power is made between the two sets of government.
Written Constitution: The Constitution of India is written. Every provision of the Constitution is clearly written down and has been discussed in detail.
Supremacy of the Constitution.
Supreme judiciary: The Supreme Court of India is the highest court of justice in India.
Bi-cameral legislation: The Indian Parliament, i.e., the legislature has two houses - the Lok Sabha and the Rajya Sabha.
Following provision proves though India is federal in nature but its soul is unitary:
1. In legislative matters, the Union Parliament is very powerful. It has not only exclusive control over the Union list and the residuary powers, but it has also dominance over the Concurrent list and the State list. This is of important for uniformity of laws in the country.
2. In administrative matters also, the Central government has been made more powerful than the States. The State governments have to work under the supervision and control of the Central government.. If the State fails to work properly or according to the Constitution, it can impose President’s rule there under Article 356 and take over its (the State’s) administration.
3. Financial matters, the President of India has the power to make alterations in the distribution of revenues earned from income-tax between the centre and the States. The Centre has also the power to great loans and great-in-aid to the State governments.