Why is a federal sturcture of government needed for India? I
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Every Constitution has only one design. It will be either Federal or Unitary. Before defining the
design of Indian Constitution, I would like to explain the difference Federal and Unitary
Constitution. By a unitary state is a state governed by on single unit in which the central
government is supreme and executive division work out only powers that the central government
chooses to delegate.
By a federal we mean a constitutional division of power between one general government (that is
to have authority over the entire national territory) and a series of sub national governments
individually have their own independent authority over their own territories, whose sum
represents, almost the whole nationality.
The adoption of the G.I. Act, 35 as the basis of the new Constitution had the great advantage of
making the transition from British rule to the new Republic of India without any break with the
past; the old laws and constitutional provisions continued without a break; and thus secured for
India the advantage which an evolutionary change has over a revolutionary break with the past.
Besides, the G.I. Act, 35 had great merits as an instrument of federal government.1
As the basic feature of Federalism is---
Division of power
Independence of state
Idea of cooperation between general authority and regional authority
Dual government
Have be to a rigid as well as written constitution
Union of autonomous units
Direct authority over the people of both Government
Supremacy of Constitution
In Union of autonomous units, subject to exception or modifications, there is one feature
common to all Federal Constitution, namely, that the general and regional governments under
these Constitutions have plenary power within their respective jurisdiction, as assigned by the
Constitutions, - the general or Federal government having control over nation-wide problem,
extending over the entire Federal territory, while the regional governments control matter within
respective regions only. While in a unitary state, there is only one government but in Federal
State, there are two Governments.
A Federal State derives its existence and every power- executive, legislation or judicial- whether
it belongs to the federation, or to the component State, - is subordinate to and controlled by the
Constitution. A constitutional division of power between the center and the component territorial
units is a central point in most definitions of federalism between the center and the component
territorial units is a central point in most definition of federalism and also in our graphic model
of a federal system and under the VII Schedule and part Vth, VIth of Constitution of India, power
is clearly distributed between centre and state.
The special feature of a Federal Constitutions, which is relevant in the present context and
present, is that since it has to enumerate and limit2
the respective power of two governments-
Federal and State, it must be written Constitution.
If we talk about the rigidity of the Indian Constitution is rigid as well as flexible. Under the
Indian Constitution the power and procedure for amendments have been provided under Article
4, Schedule VI and principally under Article 368 of the Constitution. The power to initiate the
amendment is vested with the union in all cases. Ratification of the states for amendments are
not required. However, Article 368(2) indentifies certain types of Amendments which essentially
need the ratification by at least half of the states. The Amendment that requires ratification by at
least half of states are provided under Article 368 (2) (a) to (e) of the Indian Constitution. Thus it
is clear that the Indian Constitution is rigid also.
In a federal system there seems to be an even more acute need for an impartial agency because
the interpretation of the meaning of the constitution includes also the delicate original political
agreement between territorial communities from which the whole federal system had issued.
Under Article 131 of Indian Constitution speaks about the original jurisdiction of the Supreme
Court in any intra-federal dispute between the Government of India and one or more States, or
between two or more state. Thus there is a judicial authority in India, which can ascertain the
meaning of the nation‟s supreme law, the constitution, and that in light of its findings, can
determine the compatibility of any given law or official act, national or local and that has power
of judicial review. And all these power has been provided to the Supreme Court under article
131, 137, 141 and 142…………………etc, Chapter IV, Part V of the Indian Constitution.
If we consider the Ivo D. Duchacek‟s ten yardstick i.e.-
Exclusive Control Over Foreign Relations
Immunity Against Secession
I hope this will help you
design of Indian Constitution, I would like to explain the difference Federal and Unitary
Constitution. By a unitary state is a state governed by on single unit in which the central
government is supreme and executive division work out only powers that the central government
chooses to delegate.
By a federal we mean a constitutional division of power between one general government (that is
to have authority over the entire national territory) and a series of sub national governments
individually have their own independent authority over their own territories, whose sum
represents, almost the whole nationality.
The adoption of the G.I. Act, 35 as the basis of the new Constitution had the great advantage of
making the transition from British rule to the new Republic of India without any break with the
past; the old laws and constitutional provisions continued without a break; and thus secured for
India the advantage which an evolutionary change has over a revolutionary break with the past.
Besides, the G.I. Act, 35 had great merits as an instrument of federal government.1
As the basic feature of Federalism is---
Division of power
Independence of state
Idea of cooperation between general authority and regional authority
Dual government
Have be to a rigid as well as written constitution
Union of autonomous units
Direct authority over the people of both Government
Supremacy of Constitution
In Union of autonomous units, subject to exception or modifications, there is one feature
common to all Federal Constitution, namely, that the general and regional governments under
these Constitutions have plenary power within their respective jurisdiction, as assigned by the
Constitutions, - the general or Federal government having control over nation-wide problem,
extending over the entire Federal territory, while the regional governments control matter within
respective regions only. While in a unitary state, there is only one government but in Federal
State, there are two Governments.
A Federal State derives its existence and every power- executive, legislation or judicial- whether
it belongs to the federation, or to the component State, - is subordinate to and controlled by the
Constitution. A constitutional division of power between the center and the component territorial
units is a central point in most definitions of federalism between the center and the component
territorial units is a central point in most definition of federalism and also in our graphic model
of a federal system and under the VII Schedule and part Vth, VIth of Constitution of India, power
is clearly distributed between centre and state.
The special feature of a Federal Constitutions, which is relevant in the present context and
present, is that since it has to enumerate and limit2
the respective power of two governments-
Federal and State, it must be written Constitution.
If we talk about the rigidity of the Indian Constitution is rigid as well as flexible. Under the
Indian Constitution the power and procedure for amendments have been provided under Article
4, Schedule VI and principally under Article 368 of the Constitution. The power to initiate the
amendment is vested with the union in all cases. Ratification of the states for amendments are
not required. However, Article 368(2) indentifies certain types of Amendments which essentially
need the ratification by at least half of the states. The Amendment that requires ratification by at
least half of states are provided under Article 368 (2) (a) to (e) of the Indian Constitution. Thus it
is clear that the Indian Constitution is rigid also.
In a federal system there seems to be an even more acute need for an impartial agency because
the interpretation of the meaning of the constitution includes also the delicate original political
agreement between territorial communities from which the whole federal system had issued.
Under Article 131 of Indian Constitution speaks about the original jurisdiction of the Supreme
Court in any intra-federal dispute between the Government of India and one or more States, or
between two or more state. Thus there is a judicial authority in India, which can ascertain the
meaning of the nation‟s supreme law, the constitution, and that in light of its findings, can
determine the compatibility of any given law or official act, national or local and that has power
of judicial review. And all these power has been provided to the Supreme Court under article
131, 137, 141 and 142…………………etc, Chapter IV, Part V of the Indian Constitution.
If we consider the Ivo D. Duchacek‟s ten yardstick i.e.-
Exclusive Control Over Foreign Relations
Immunity Against Secession
I hope this will help you
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