Why has the indian fedaration been described as a quasi fedaration ? Give four reasons?
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Answer:
India is a federation with a unitary bias and is referred as a quasi federal state because of strong central machinery. i. the distribution of powers by the constitution between the centre and states is unequal,center has more powers and important areas of juridiction within it purview.
Indian federal system is a quasi federal ." Examine the statement on the basis of some points - 1) A written and rigid constitution 2) Division of powers 3) Supremacy of constitution 4) Bicameral legislature 5) Supremacy of the judiciary.
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Answer:
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In a federal set up there is a two tier of Government with well assigned powers and functions. The Central and the State governments work in coordination and at the same time act independently. The federal polity, in other words, provides a constitutional device for bringing unity in diversity and for the achievement of common national goals.
Prevention as well as amelioration of conflict of the interests of the Centre and the States is an integral part of federalism. This is the reason why the Indian federalism was devised with a strong Centre. The Constitution of India has adopted federal features; though it does not, in fact, claim that it establishes a federation. The question whether the Indian Constitution could be called a federal constitution troubled the minds of the members of the Constituent Assembly. This question cannot be answered without going into the meaning of federalism and the essential features that are evident in federal state.
Federal Features of the Indian Constitution
Constitution is suprema lex. Constitution is the supreme law of land in India, law wherein involves rules, regulations, bylaws, notifications, orders, ordinances and even the customs having a force of law. A federal state derives its existence from the Constitution. Every type of power; be it legislative, administrative or judicial, irrespective of it being at the centre or the state level is controlled by and subordinated to, the Constitution. Article 13(2) states that the State shall not make any law which takes away or abridges any of the rights guaranteed under Part III of the Constitution and to the extent of such contravention, the law being void. Therefore, though in India, the Constitution is considered as supreme but the principle of supremacy of the Constitution is not something to practice or abide by only in theory.
Our Constitution contains an inspiring Preamble reflecting the hopes and aspirations of the Indian people, a chapter on Directive Principles of State Policy, indicating the manner in which the people’s objectives can be attained by legislative action, with due respect for Fundamental Rights of the citizens, the enforcement of which should only be suspended under compelling necessities. A democratic system such as ours, depends for its success upon a government under the Constitution in accordance with the letter and spirit of the Constitution and as expressed in the laws which must prevail amongst the law abiding people and be enforced, in cases of their infringement by courts armed with adequate power and authority and given the respect due to those through whom the Constitution and the laws speak. This in practice would be the true meaning of the ‘Supremacy of the Constitution’.
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