Question

· Write a note on the centralizing tendency of the Indian
Constitution.​

Answer 1

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It is a union or a composite of a novel type. Thus, it can be safely said that the Indian Federalism is unique in nature i.e. 'federation with a centralizing tendency' and is tailored According to the specific needs of the country.

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Answer 2

To maintain unity and integrity, the Indian Constitution has centralising tendencies.

Federalism

A federation is a new state founded as a result of a treaty or a disagreement among the several units. India is described as a 'Union of States' in Article 1 of the Indian Constitution.

However, it is sometimes stated that the Indian Constitution has resulted in the formation of a "federation with a centralising tendency" for the following reasons:

• The Indian federation is not the outcome of a state-to-state agreement; rather, states are the administrative units of the central government.
• The Indian federation is a union because it is indestructible, which means that states have no authority to split from it.
• The division of power between the union, the state, and the concurrent list is primarily vested in the centre.
• The constitution is amended unilaterally by parliament, and the right to start the amendment also rests with the centre.
• During an emergency, all powers are transferred to the centre, and states are placed under its administration.
• Single citizenship, an integrated judiciary, All-India Services, an integrated audit and election machinery, and the appointment and operation of the state's chief executive, the governor, are all features that reflect the centralising nature.

Examples

1. The Supreme Court held in the Bommai Case (1994) that just because the centre has more power than the states does not mean the states are mere appendages of the centre. They have their own constitution, with the exception of a few exclusions that are not rules.
2. Despite the fact that agriculture is covered by the State List, the Centre approved Farm Acts under Entry 33 (Concurrent List), which mentions "trade and commerce in, and the production, supply, and distribution of –  foodstuffs, including edible oilseeds and oils." However, these farm laws are significant if they represent the most significant agricultural reforms, ensuring market choice, encouraging entrepreneurship, providing access to technology, and transforming agriculture's structure.

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