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FEDERAL FEATURES OF INDIAN CONSTITUTION


INTRODUCTION

       INDIAN CONSTITUTION has not described India as a federation. However, Article 1 of the Constitution of India describes India as a "Union of States". India is not a true federal government because it combines features of a Federal government and the features of Unitary government i.e,, Quasi-federal government.

 FEDERAL FEATURES OF INDIAN CONSTITUTION:

1. Division of Powers

     Indian Constitution divide and distributes the Powers between Central government and State  government, both central and state governments have separate powers and responsibilities , The 7th schedule of Indian Constitution consists of,

Union list- Only Central government can make laws on all matters

State list  - Only State government can make laws on all matters

Concurrent list - It contains all the matters on which both central and State government can make laws              Therefore, in Federal form of government powers are distributed to the Central and State governments.       

2. Supremacy of the Constitution

    The constitution of India is regarded as the supreme law of land.No law can be made against the Constitution of India, The Constitution of India is above all citizens and organizations of the nation.

3. Written Constitution

    In federal form of Constitution the constitution should be in written format, only then it is easy to check and balance on the power of any one person or group. Every article of Indian Constitution is clearly written down and has been discussed in full detail.

4. Rigid constitution

     Rigid Constitution which can be amended either by the Joint action of the federal and states legislature or by an independent authority .Thus, fundamental provisions of the constitution cannot be unilaterally changed by one level of government, the constitution is rigid with those provisions which are concerned with the federal structure.

5. Supreme Authority of the Courts

    Courts have the power to interpret the Constitution and the powers of different levels of government.The Constitution establishes an Independent Judiciary headed by the Supreme court for two purpose 

  • One, to protect the supremacy of the Constitution by exercising the power of Judicial review,
  • Two, to settle the disputed between central and states or between the states.
6. Bicameralism (Parliament having power to legislate law for national interest)

    The Constitution provides for a bicameral legislature consisting of an Upper House (Rajya Sabha) and a Lower House (Lok Sabha). The Rajya Sabha represents the states of Indian Federation, while the Lok Sabha represents the people of India as a whole. The Rajya Sabha (even though a less powerful chamber) is required to maintain the federal equilibrium by protecting the interests of the states against the undue interference of the Centre .Thus, is federal form of Constitution Parliament have the power to legislate law for national interest. 

7. Appointment of governor

      the Constitution is federal , when the Governor of the states is appointed by the President of India by warrant under his hand and seal.

8. Parliament having power to form new states 

    To protect the unity and integrity of India, Article 3 of the Constitution vests the power to form new States in Parliament.However, Article 1 of the Constitution of India describes India as a "Union of States", it is one of the very good examples of Federal Constitution

9. Emergency provisions

     Emergency provisions is the unique feature of Indian Constitution.The President can declare three types of emergencies — national, state and financial emergency,here the federal features such as Supremacy of the Constitution and bicameralism is applied for national interest .

CONCLUSION

      The Constitution is said to be federal in nature , when these 9 federal features is present in that Constitution. hence, this 9 Principles easily discuss the understanding of Federal Constitution  .                                    

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