Indian constitution is federal in form and unitary in spirit. Quasi 2019-01-05

Indian constitution is federal in form and unitary in spirit Rating: 6,2/10 200 reviews

Q.2) Why Indian Constitution is said to be federal in form, but unitary in spirit? (GS

indian constitution is federal in form and unitary in spirit

Over the years many an amendments have been made to shift many items from exclusive state domain to the concurrent domain of both Center and State. The members of these services are recruited and trained by the Centre which also possess ultimate control over them. The weak union created under the Articles would not work yet people did not want to give all the power to a national government. Thus, these services violate the principle of federalism under the Constitution. . Although ratification of half of the states is sought for in some limited areas, the states in the Indian Union have virtually no power in this critical area of governance.


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Indian Federalism

indian constitution is federal in form and unitary in spirit

The Constitution of India has established a Single and Uniform Citizenship for the whole of the country. Thus there are all federal features in our Constitution; but at the same time the unitary spirit of the Constitution is not ruled out. That is why all the high officials of the country— President, Vice-President, Ministers, Judges of Supreme Court and High Courts—while assuming office, take an oath to abide by the Constitution and accept this supremacy of the Constitution. But in case of India though it is a Federal State there is single citizenship. It also adds to the misery of states and poses smooth functioning of federal spirit across the country. Which of the following is the correct Assertion.

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Indian constitution is federal in form but unitary in spirit. Expline

indian constitution is federal in form and unitary in spirit

What is the nature of Indian Constitution? Doctrine of Severability was applied and only Para 7 was severed and remaining were held to be valid. Apart from a great number of states, regional feelings give rise to a number of parties. This further reflects a clear leaning towards centralization. The powers of the Central Government and State Governments, Fundamental Rights and Directive Principles of State Policy have been clearly defined in the Constitution and there is very little possibility of conflict. Every type of power; be it legislative, administrative or judicial, irrespective of it being at the centre or the state level is controlled by and subordinated to, the Constitution. The right balance of these three, whether it's within a city, a subnational region, a country, or an international organization, depends entirely on the regions involved. The bifurcation of the State of Bombay into Maharashtra and Gujarat states on May 1, 1960, and creation of Nagaland a few months later, meant again redrawing of the map of India.

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What does this mean'federal in form and unitary in spirit' with regards to Indian Constitution?

indian constitution is federal in form and unitary in spirit

Division of governmental powers into national and regional governments by the way of 3 lists — the Union, State and the Concurrent lists is provided in the 7th Schedule to the Constitution. The Indian Union shares the features both of a federal and unitary form of Government and its Constitution can, at the most, be described as quasi-federal. Articles 200 and 201 empower the Governor of a state—a Central nominee removable by the Union Government—to reserve for the consideration of the President any bill passed by the state legislature. Bommai v Union of India, the power under Article 356 had been invoked 90 times. Hence, the membership varies from 1 to 31.


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. The structure of the Indian constitution is (1) Federal in form and unitary

indian constitution is federal in form and unitary in spirit

It has the power to interpret the Constitution and to safeguard it against any violation. In all three types of emergencies, Centre is empowered to excercise full control over the state machinery. Also, in Germany, the states do have a play in the amendment of the constitution but even the German parliament cannot amend so far as the federal features are concerned like division of federation into States or the participation of the States in making amendments in the legislature, these features are exclusively made unamendable because Germany is also a federal country. In a perfect federation this cannot happen. The partition of Belgium , or the dissolution of the Belgian state through the separation of the Dutch-speaking people of the Flanders region and Brussels from the French-speaking people of the Walloon region and Brussels , gran … ting them either independence or respective accession to the Netherlands and France , is currently being discussed in the Belgian and international media.

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16 Unitary Features of the Indian Constitution

indian constitution is federal in form and unitary in spirit

Bharat, shall be a Union of States. In India, the North- Eastern states are having similar feelings and creating problems for the federation. Federal system cannot exist without a written constitution. In a unitary constitution, all the powers are concentrated in a central authority. It is to lay down the principles governing the grants-in-aid. Change in the boundaries of States: The Constitution of India empowers the Parliament to change the boundaries of the existing States or create new States or change the name of the States on the recommendation of the President. A federation in which the lines of communication are long and difficult has to face the difficulty of keeping in touch with all the units.

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Indian constitution is federal in form but unitary in spirit. Expline

indian constitution is federal in form and unitary in spirit

Even a law of Parliament applicable in these territories in relation to the Union is like that of the sub-division of a unitary state to its Central Government. A partition of the country, with the seceding part nurturing a grouse against it, and the uncertainties of the international situation, the emergence of two Super Powers struggling for supremacy over each other made it necessary for the Indian Consti­tution to make provisions for the centralization of power. On the other hand, in India, every citizen enjoys only single citizenship, i. Neither the Constitution-makers nor nation-builders intended such an outcome. The forces of imbalances in the field are demands for economic planning and development and for regional economic equality and financial autonomy of states. For Daily Must Read Newspaper articles,.

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Who described the Constitution of India as federal in form but unitary in spirit and quasifederal

indian constitution is federal in form and unitary in spirit

In current affairs reading Editorials Online needs an in-depth focus and hence we provide a separate analysis of daily editorials which is not found in any other website. Integrated Services The integrated judiciary is a typical feature of Indian federation. Though the country is divided into many States, it is basically for administrative purposes which do not in any way affect its functioning as an integrated unit. The cries of Talengana and Vidarbha are still in the air. Most important and almost all important subjects have been included in the Union List. This question cannot be answered without going into the meaning of federalism and the essential features that are evident in federal state. The States cannot propose amendments to, the Constitution.

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Who described the Constitution of India as federal in form but unitary in spirit and quasifederal

indian constitution is federal in form and unitary in spirit

They have been tested and proved to be effective so all rules and laws can be trusted. Last but not the least, the indestructibility of the Union and destructibility of the units by the Union substantiate the given view. In the words of K. Here is an organization that has the potentiality of making the Indian federal economic structure more powerful and therefore, this instrumentality ought not to become a superfluous union. Hence, it is appropriate to restructure Indian Federalism to make it more effective and promote center — state relation. The simmering flames of separatist movements still haunt India.

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