“The framers of the Constitution have modified the true nature of Indian federalism by incorporating certain non-federal features in the Constitution as well. This has lent support to the contention that the Indian Constitution is federal in form but unitary in spirit.”[1]

1. Single Citizenship: India has a dual polity with a single citizenship for the entire country. There is no such thing as state citizenship. Regardless of where he lives, every Indian has the same citizenship rights.
2. A Strong Centre: State governments have restricted and enumerated authorities as a result of the allocation of powers between the federal government and the states. Though the Union Government has limited and enumerated powers, it does have influence over the State Governments under specific circumstances and residual power over the entire area.
3. Single Constitution for Union and States: The Indian Constitution enshrines not just the Union’s but also the states’ constitutions. Furthermore, the Indian Union’s states are all governed by the same constitution. The process of amendment is also the same.
4. Single Unified Judiciary: In India, the Supreme Court and the High Courts work together to form a single integrated legal system. They have jurisdiction over issues involving the same statutes, whether they be constitutional, civil, or criminal. The civil and criminal codes are codified and apply throughout the country. They are placed in the Concurrent List to guarantee uniformity.
5. Unitary in Emergencies: In normal times, the Indian Constitution functions as a federal government, but in times of emergency, it functions as a unitary government. The President of the Republic has emergency powers under the Constitution. In both the political and financial realms, an emergency can occur.
6. Inequality of Representation in the Council of States: India has bicameralism; however, states do not have equal representation in the Council of States. The population system is followed here, with larger states receiving more representation than smaller states.
7. Appointment of Governor by President: The President appoints the Governors as the Heads of State and they hold office while during his pleasure. As a result of this the Union Government is able to exercise control over the state administration.
8. Appointment of the High Court Judges by the President: The President appoints High Court Judges, and the President can transfer High Court Judges from one High Court to another.
9. The Office of the Comptroller and Auditor-General: The Comptroller and Auditor-General of India has an organisation that is run by officials from the Indian Audit and Account Services, a central service that is responsible for not just the Union Government’s accounts and auditing, but also the accounts and auditing of the States.
10. Centralized Electoral Machinery: The President appoints the Election Commission, which is in charge of holding elections not just for Parliament and other Union electoral seats, but also for the State Legislature.
11. Flexible Constitution: The Indian Constitution isn’t particularly rigid. Many elements of the Constitution are flexible as well.
12. Special Powers of Council of States over State List: The Constitution also allows the Parliament to pass laws on any subject listed in the State List if the Council of States passes a resolution declaring a particular subject or subjects to be of national importance with a two-thirds majority. Similarly, Parliament can make laws on State List items if the Government of India deems it necessary to fulfil an international responsibility. In summary, the Centre in India has the authority to intrude on the territory reserved for the States as and when it sees fit.
13.  Financial Dependence of States: States in a federation should be financially self-sufficient to the extent practicable so that they can exercise maximal autonomy. In India, however, all progress is reliant on the Centre. They have fewer sources of income but far more expenditure needs. The expansion of States along federal lines has been severely hampered by their financial dependence.

Thus, a comprehensive examination of the federal and unitary characteristics of the constitution reveals that each federal component is accompanied with an ultimate centralising influence. As a result, it is reasonable to conclude that the Indian Constitution is federal in form and unitary in spirit, i.e., it is quasi-federal in nature.

[1] Negi Mohita, 16 Unitary Features of the Indian Constitution, your article library, https://www.yourarticlelibrary.com/indian-constitution/16-unitary-features-of-the-indian-constitution/24926.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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