Short-Answer Questions
1. What is the difference between a written Constitution and an unwritten constitution ?
2. Give two reasons to show why the Indian Constitution is a lengthy Constitution.
3. How many Articles and Schedules are there in the Indian Constitution ?
4. State one difference between the federal and unitary Constitutions.
5. Explain how the Indian Constitution is federal in structure and unitary in spirit.
6. Mention any two federal features of the Indian Constitution.
7. Mention any two unitary features of the Indian Constitution.
Answers
Answer:
1. Written constitution is found in legal documents duly enacted in the form of laws. An unwritten constitution consists of principles of the government that have never been enacted in the form of laws.
2. The following are the reasons behind the Indian Constitution being a lengthy and comprehensive document:
(a)Over the years, there have been additions in the form of Constitutional Amendments.
(b)Two new Schedules have been added to the Constitution, further increasing its length.
3. The Constitution of India is the longest written constitution of any sovereign nation in the world. The original text of the Constitution contained 395 articles in 22 parts and eight schedules.
4. (a) A unitary system is governed constitutionally as one single unit, with one constitutionally created legislature.
(a) In Unitary Constitution the provinces are subordinate to the centre, but in federal constitution , there is a division of powers between the federal and the state governments.
5. The Indian Constitution has both- federal and unitary features. We can also say that the Indian Constitution is fereral in form and unitary in spirit. It means that though the state governments have the right to administer their own states, the central governement can dismiss the state governenments under Article 356.
6. The main federal features of the Indian Constitution are as follows:
(a) Written Constitution
(b) Supremacy of the Constitution
(c) Rigid Constitution
(d) Division of Powers
(e) Independent Judiciary
(f) Bicameral Legislature
(g) Dual Government Polity
7. Indian Constitution also possesses the following unitary features:
(a) Strong Centre
The division of powers is in favour of the Centre and highly inequitable from the federal angle. Firstly, the Union List contains more subjects than the State List. Secondly, the more important subjects have been included in the Union List. Thirdly, the Centre has overriding authority over the Concurrent List. Finally, the residuary powers have also been left with the Centre, while in the USA, they are vested in the states. Thus, the Constitution has made the Centre very strong.
(b) States Not Indestructible
Unlike in other federations, the states in India have no right to territorial integrity. The Parliament can by unilateral action change the area, boundaries or name of any state. Moreover, it requires only a simple majority and not a special majority. Hence, the Indian Federation is “an indestructible Union of destructible states”. The American Federation, on the other hand, is described as “an indestructible Union of indestructible states”.
(c) Single Constitution
Usually, in a federation, the states have the right to frame their own Constitution separate from that of the Centre. In India, on the contrary, no such power is given to the states. The Constitution of India embodies not only the Constitution of the Centre but also those of the states. Both the Centre and the states must operate within this single-frame. The only exception in this regard is the case of Jammu and Kashmir which has its own (state) Constitution.
Explanation:
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1. A written Constitution is a legal document which is compiled with laws and provisions meanwhile an unwritten Constitution is not written. The laws principles are not made into laws.
2. • Indian Constitution originally consists of many provisions related to Union, state, SCs, STs, UTs etc.
• It took 2 years, 11 months and 18 days to write and enact the Constitution.
3. Indian Constitution originally consists of 395 articles and 8 schedules. At present there are nearly 480 articles and 12 schedules.
4. In Unitary Constitution, all the powers are vested with union. Meanwhile, the powers are divided among the states in Federal Constitution.
5. Indian Constitution describes India as a Union of states and provides for a federal structure with unitary spirit. It prescribes Unitary system in emergencies and federal system on ordinary occasions.
6. Written and rigid Constitution, bicameralism, representatives of states in Rajyasabha etc are federal features.
7. Integrated judiciary, single election commission, single citizenship etc are unitary features.
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