why do some people say that India is a federation with unitary features? explain with the help of any five constitutional provisions.
Answers
In India both the state and the central governments derive their authority from the constitution. But India is a federation with unitary features. This is because :
Central government makes laws on the subjects included in the Union List while states make laws on the subjects in the state list. Both governments can make laws in the concurrent list. But in the case of disputes between the two governments, the will of the central government prevails.
The constitution has empowered the central government to make a change in the boundaries of the states.
States do not have the right to form their own constitution unlike in the USA where states can form their own laws.
In India, people are the citizens of their country. They have single citizenship. They are not the citizens of their states unlike in the USA.
The state government in India is elelected by the people. But if the union government feels that the state government is breaching the constitution, it can declare a constitutional emergency in the state where by the state government can be dismissed.
The following points may help you:
India is a federation with a unitary bias and is referred as a Quasi federal State. Our Constitution makers opted for a strong centre and there are many such provisions to support it:
a. India is a federation with a unitary bias and is referred as a Quasi federal State because of strong central machinery.
b.The distribution of powers by the constitution between the Centre and states is unequal, Centre has more powers and important areas of jurisdiction within it purview. For example the union list containing more subjects and important subjects like defence, foreign affairs.
c. The Constitution also empowers the centre to create new states, to change the boundaries of the existing states, to split or merge existing states.
d. The Centre is financially more powerful , making states dependent on it for resources.
e. The position of the Governor, explains the centres' stronger position, the Governor is the central nominee , and acts a the representative of the centre in a state. Governor has the power to reserve bill for the consideration of the President passed by the states legislature , it has the power to give report on the breakdown of state machinery to the centre.
f. There has also been increased dependence of states on central forces like CRPF to maintain internal security and law and order.
g. States are also dependent on the centre for resources.
h. The country has single citizenship.