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the federal principal predominant in our Constitution

November 15, 2024

The Indian Constitution embodies a mix of federal and unitary principles, making it a quasi-federal or federal-with-unitary-features system.

Federal Principles:

1. Division of powers: Seventh Schedule allocates powers between Union and States.

2. Dual government: Union and State governments exist separately.

3. Independent judiciary: Ensures federal balance.

Unitary Principles:

1. Strong Central government: Residual powers vested in Union.

2. Single citizenship: Indian citizenship, not state-specific.

3. Emergency provisions: Central intervention in state affairs.

Predominance of Federal Principle:

While the federal principle is significant, the unitary principle predominates in certain aspects:

1. Central control over states during emergencies (Article 356).

2. Union’s residuary powers (Article 248).

3. Parliament’s power to amend Constitution (Article 368).

Reasons for Unitary Leanings:

1. Historical context: India’s diversity and need for national integration.

2. Economic considerations: Centralized planning and resource allocation.

3. Security concerns: National security and defense.

Federalism in Practice:

Despite unitary leanings, federalism has strengthened over time:

1. Decentralization: 73rd and 74th Constitutional Amendments (1992).

2. Increased state autonomy: Finance Commission recommendations.

3. Cooperative federalism: GST Council, Inter-State Council.

Challenges and Opportunities:

1. Balancing power sharing: Between Union and States.

2. Addressing regional disparities: Economic and social development.

3. Strengthening institutional frameworks: For effective federalism.

Conclusion:

India’s Constitution embodies a unique blend of federal and unitary principles. While the unitary principle predominates in certain aspects, federalism has gained significance over time. The key to successful governance lies in striking a balance between the two, fostering cooperative federalism, and addressing regional concerns.

Views:

To further strengthen federalism:

1. Enhance state autonomy in decision-making.

2. Improve inter-state cooperation and dialogue.

3. Strengthen institutional frameworks for federalism.

To maintain national unity and integrity:

1. Ensure effective Centre-state coordination.

2. Address regional disparities through targeted development.

3. Foster a sense of shared citizenship and national identity.

Would you like to explore :

1. Federalism and decentralization

2. Unitary features in Indian Constitution

3. Cooperative federalism

4. Challenges in federalism