Features of the Indian Constitution
The Indian Constitution has both the federal and the unitary features in it. The federal features of the Indian Constitution are:
1. Dual Polity:
The Constitution establishes a dual polity consisting the union at the centre and the states at the periphery. The Union government deals with the matters of national importance. On the other hand, the state governments deal with the matters of regional and local importance.
2. Written Constitution:
The Constitution is not only a written document but also the lengthiest Constitution of the world. Originally, it contained a Preamble, 395 Articles divided into 22 Parts and 8 Schedules. At present (January,2020), it consists of a Preamble, about 448 Articles divided into 25 Parts and 12 Schedules. It specifies the powers and functions as well as the limitations of the Central and the state governments.
3. Division of Powers:
The Constitution divided the powers of the Centre and the states. In the Seventh Schedule of the subjects are included in three Lists: Union List, State List and Concurrent List for division of Powers. The Centre can make laws in the Union List subjects while State can in state lists subjects. In Concurrent, both Centre and states can make laws. But in case of conflict, the Central la prevails. Subjects not mentioned in the three Lists are given to centre.
4. Supremacy of the Constitution:
The constitution is the supreme law of the land. Through their power of judicial review the Supreme Court or the high courts can declare, Laws enacted by Centre or states, invalid.
5. Rigid Constitution:
The Constitution is rigid to the extent that those provisions which are concerned with the federal structure can be amended only by the joint action of the Centre and state governments. The rigid method of amendment helps in maintaining the Supremacy of the Constitution.
6. Independent Judiciary:
The Constitution establishes an independent judiciary headed by the Supreme Court for two purposes: (i) to protect the supremacy of the Constitution by exercising the power of judicial riview and (ii) to settle the disputes between the Centre and the states or between the states.
7. Bicameralism:
The Constitution provides the bicameral legislatures consisting of an Upper House (Rajya Sabha) and a Lower House (Lok Sabha). Rajya sabha represents the states of the Indian Federation, while the Lok Sabha represents the people of India as a whole.
Unitary Features of the Constitution
The unitary or non-federal features of the Indian Constitution are as follows:
1. Strong Centre:
The division of powers in favour of the Centre and highly inequitable from the federal angle. The Union List contains more subjects in number as well as in matter of importance. Moreover, the residuary powers have also been left with the Centre.
2. States Not Indestructible:
Unlike in other federations, the states in India have no right to territorial integrity. The Parliament can by unilateral action change the area, boundary and name of any state. Hence, the Indian federation is "an indestructible Union of destructible states."
3. Single Constitution:
Usually, in federation, the states have the right to frame their own Constitution separate from that of the Centre. In India, no such power is given to the states. The Constitution of India embodies the Constitution for both the Centre and the states.
4. Flexibility of the Indian Constitution:
The Indian Constitution is less rigid in terms of amendment than that of other federations. The bulk of the Constitution can be amended by the unilateral action of the Parliament, either by simple majority or by special majority.
5. No Equality of the State Representation:
The states are given representation in the Rajya Sabha on the basis of population. Hence, membership varies from 1 to 31.
6. Single Citizenship:
There is only Indian Citizenship and no separate state citizenship. All citizens irrespective of the states in which they are born or reside enjoy the same right all over the country.
7. Emergency Provisions:
The Constitution stipulates three types of emergencies- national, state and financial. During the emergency, the Central government becomes all powerful and the states go into the total control of the Centre.
8. Integrated Judiciary:
The Indian Constitution has established integrated judiciary system with the Supreme Court at the top and the high courts below it.
9. All-India Services:
In India the Centre and the states have separate public services. But, in addition, there are all-India services like IAS, IPS etc. which are common to both centre and the states.
10. Parliament's Authority over Sate List:
The parliament is empowered to legislate on any subject of the State List if Rajya Sabha passes a resolution to that effect in the national interest.
11. Appointment of Governor:
The governor, who is the head of the state is appointed by the President. He holds office during the pleasure of the President. He also acts an agent of the Centre.
12. Integrated Audit and Integrated Election Machinery:
The Comptroller and Auditor-General (CAG) of India audits the accounts of both the Central and states governments as well as the Election Commission of India (ECI) also conducts election both in the Centre and the states. Both the CAG and the ECI are appointed and constituted by the President of India.
13. Veto Over State Bills:
The governor is empowered to reserve certain types of bills passed by the states legislature for the consideration of the President. The President can withdraw his assent to such bills not only in the first instance but also in the second instance. Thus, the President enjoys absolute veto over state bills.
No comments:
Post a Comment