
Indian Constitution-Nature
and Features
Nature of Indian
Constitution- Whether Federal Or Unitary?
Constitutional
Scientist has classified constitution in 2 types namely: Unitary and Federal.
So far as Indian Constitution is considered, it is hybrid of unitary and
federal features meaning thereby that it has some Unitary feature and some
Federal feature but a close analysis will led to the conclusion that it has
more Federal feature than Unitary one.
Characteristics of
Unitary Constitution
- Appointment of Governor by
The President.
- Power of Parliament to
Make Law on the Subject of State List In National Interest.
- The Power of Parliament to
Make New States and Change the Characteristic of Existing State including name,
area and boundaries.
- Emergency Provision
- Single Constitution for
State and Centre
- Single Citizenship
- All India Services
Characteristic of Federal
Constitution[1]:
·
Dual System of Government along with
Distribution of power so as the both Government work independently in their own
sphere or arena.
·
Supremacy of Constitution meaning thereby
that all authority including Legislature, Executive and Judiciary are
sub-ordinate to it.
·
A Written Constitution.
·
It must be a Rigid Constitution.
Hence,
it is submitted that Indian Constitution is federal in nature but some scholar hesitates
in calling it truly federal.
Austin and A.R. Birch
calls it Co-operative Federation.
Ivor Jenning
opines that Indian Constitution as
Federation with strong centralising tendency[2].
KC Wheare
calls it Quasi-Federal. He further
adds that India is unitary state with
subsidiary feature rather than a federal state with subsidiary unitary feature.
D.D. Basu
calls it neither unitary nor federal but
a combination of both.
Prof Alexandrowic
said that it is Federation Sui- Generis.
Feature of Constitution Of India
1.
The longest Constitution in The World
2.
Sovereign, Socialist, Secular, Democratic and Republic
3.
Parliamentary Form of Government
4.
Fundamental Rights
5.
Directive Principle of State Policy
6.
Blend of Rigidity and Flexibility
7.
Independence of Judiciary
8.
Single Citizenship
9.
Fundamental Duties
Rigidity and Flexibility With Respect To Indian
Constitution
The Indian Constitution
is a written constitution and is subject to amendment. there are provisions
which require special procedure to be adopted to make amendment
whereas other provisions can be modified by special majority what is simple
majority. (Refer: Article 368) that it is owing to this reason constitutional
scientist have said that Indian Constitution is rigid and flexible at the same
time.
View of Supreme Court
In
State of West Bengal v. UOI[3],
it was said by SC that Indian
Constitution is not truly federal.
In S.R. Bommai v. UOI[4], the Court
in para 276 said that ‘federalism in the Indian
Constitution is not a matter of administrative convenience, but one of principle
the outcome of our own historical process and a recognition of the ground
realities. …enough to note that our Constitution has certainly a bias towards
center vis-a-vis the States’ .
In
Kuldeep Nayar v. UOI[5],
held that India is ‘pseudo-federation or
quasi- federation in an amphibian form’.
Parliamentary or
Presidential: Governing System
Indian Constitution is based on Parliamentary
form of Government. In this form, the position of president is of titular
head of government. The real power is vested in the elected representatives to
be called as Council of Ministers. The Prime Minister is the head of the
council of ministers.
Indian Constitution vis-a-vis
other Constitution
Indian
Constitution is not original in its form but various provisions have been
borrowed from Constitution of other nations. Following is the table which
enlighten you upon this point:
Sr.No. |
Provision |
Country |
1. |
Judicial
Review |
United
State |
2. |
Fundamental
Rights |
|
3. |
Impeachment |
|
4. |
Equality
before law |
|
5. |
Parliamentary
System |
United
Kingdom |
6. |
Art
14 ( Rule of Law) |
|
7. |
Suspension
of Fundamental Rights |
|
8. |
Parliamentary
Privileges |
|
9. |
Equal
protection of law |
|
10. |
Idea
of Preamble |
|
11. |
Idea
of Federalism with strong Centralised Government |
Canada |
12. |
Residuary
Power of Centre |
|
13. |
DPSP |
Ireland |
14. |
Amendment
of Constitution |
South
Africa |
15. |
Freedom
of Trade |
Australia |
16. |
Procedure
Establish by Law |
Japan |
17. |
Fundamental
Duties |
USSR |
18. |
Emergency
Provisions |
Germany
& Government of India Act, 1935 |
Important Case
Law
S.R. Bommai
v. Union of India, (1994) 3 SCC 1 : AIR
1994 SC 1918 |
Facts |
|
S.R.
Bommai was the Chief Minister of the Janata Dal government in Karnataka. His
government was dismissed on April 21, 1989 under Article 356 of the
Constitution and President’s Rule was imposed. The dismissal was on grounds
that the Bommai government had lost majority following large-scale defections
engineered. The then Governor refused to give Bommai an opportunity to test
his majority in the Assembly despite the latter presenting him with a copy of
the resolution passed by the Janata Dal Legislature Party. Bommai’s party
went to Supreme Court against the Governor’s decision to recommend
President’s Rule. |
||
Held The Supreme Court held following on the said topic: |
||
`Secularism’ |
Means religious tolerance and equal treatment
to all religions |
|
`Federalism’ |
It broadly indicates a division of powers
between a Central (federal) Government and the units (States) comprised
therein. |
|
Excel Wear v. Union
of India, |
It was held that the socialism is basic
structure of constitution and in our economic structure it is not possible to
say that the principles of socialism and social justice can be pushed to such
an extent as to ignore completely the interest of private ownership |
|
Kuldeep Nayar v.
UOI, (2006) 7 SCC 1 |
Supreme Court held that
India is ‘pseudo-federation or quasi-
federation in an amphibian form’ |