NATURE OF THE INDIAN CONSTITUTION.

Article 1(1) of the Indian Constitution defines India as a "union of states," highlighting its unique character distinct from a traditional federation. This deliberate choice was made to emphasize that India's formation wasn't the outcome of a negotiated agreement among pre-existing states and to prohibit any unilateral secession by states or groups thereof.
Constitutions serve as the supreme law, from which all laws, rules, and regulations derive. They also establish the structure of governance. While India's Constitution draws inspiration from various countries, its nature is distinctive.
Federal Nature of the Indian Constitution:
According to Prof. K.C. Wheare, federalism involves a method of power division ensuring both central and regional governments operate within defined, coordinated, and independent spheres.
I. Dual Polity: The Constitution establishes a dual polity with a clear division of powers between the Central Government and the State Governments. This division is articulated in the Union List, State List, and Concurrent List found in the Seventh Schedule.
II. Written Constitution: India has a written constitution, which clearly defines the powers and functions of both the Union and the State Governments. This provides a legal framework that helps to avoid conflicts of jurisdiction.
III. Supremacy of the Constitution: The Constitution is the supreme law of the land. Both the Union and the States must operate within the framework laid down by the Constitution. Any law made by either government that is inconsistent with the Constitution can be declared void by the judiciary.
IV. Rigid Constitution: Certain provisions of the Indian Constitution, especially those concerning the distribution of powers between the Union and the States, can only be amended by a special procedure. This often requires a two-thirds majority in Parliament and ratification by at least half of the State Legislatures.
V. Independent Judiciary: The judiciary in India is independent and has the power to adjudicate disputes between the Union and the States or between different States. The Supreme Court has the ultimate authority to interpret the Constitution and can declare laws passed by either the Union or State Governments unconstitutional.
VI. Division of Powers: The powers are divided between the Union and State Governments through three lists:
a) Union List: Contains subjects of national importance such as defense, foreign affairs, atomic energy, etc., over which only the Union Government can legislate.
b) State List: Contains subjects of local or state importance such as police, public health, and agriculture, over which only the State Governments can legislate.
c) Concurrent List: Contains subjects of common interest to both the Union and State Governments, such as education, marriage and divorce, and bankruptcy. Both can legislate on these subjects, but in case of conflict, the Union law prevails.
VII. Bicameral Legislature: The Parliament of India is bicameral, consisting of the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). The Rajya Sabha represents the states of India and provides them with a platform to participate in the legislative process at the national level.
VIII. Autonomy of States: The States have significant autonomy in their respective domains as defined by the Constitution. They have their own executive and legislative branches and can operate independently in matters listed in the State List.
The Indian Constitution exhibits certain unitary features alongside its federal aspects:
I. Supremacy of the Union: The Constitution vests significant powers in the Central Government, giving it authority over crucial matters like defense, foreign affairs, and inter-state commerce. The Union Government has the authority to legislate on subjects listed in the Union List, which include matters of national importance.
II. Single Citizenship: Unlike in a typical federal system where citizens may hold both national and state citizenship, India adopts a single citizenship. This means that all citizens of India are subject to the same set of fundamental rights and duties, irrespective of the state they reside in.
III. Flexible Constitution: While the Constitution outlines the division of powers between the Center and the States, it also allows for more flexibility in amending certain provisions. Amendments to certain parts of the Constitution can be made more easily with the involvement of only the Union Parliament, giving the Central Government a degree of control over constitutional changes.
IV. Emergency Provisions: The Constitution provides for the declaration of various types of emergencies by the President, which can result in a significant concentration of power in the hands of the Central Government. During emergencies, the Union Government gains authority over several state functions, effectively centralizing power.
V. Appointment of Governors: The Governors of Indian states are appointed by the President, who acts on the advice of the Central Government. While the Governor is the constitutional head of the state, they often act as representatives of the Union Government, ensuring the coordination between the Central Government and the state administration.
These unitary features contribute to the overall governance structure of India, providing stability, uniformity, and efficiency in certain aspects of governance while balancing the federal nature of the Constitution.
Quasi-Federal Nature of the Indian Constitution:
While the Indian Constitution exhibits the basic characteristics of a federal government, it also displays traits of a dual polity, with clearly defined powers for both the State and Centre. This means:
- Both levels of government must uphold the Constitution.
- Amendments to their power require agreement.
- Courts arbitrate disputes.
Case Laws Demonstrating the Quasi-Federal Nature:
Shamsher Singh Vs Union of India.
The court held that the system of quasi-federalism was accepted and thereby rejecting the substance of Presidential style of executive. The court reiterated Ambedkar’s statement of the Constitution being both unitary and federal when the time and circumstances required so.
S.R Bommai Vs Union of India.
It was opined by Justice Ahmadi that the essence of a federation is the presence of distribution of power between the Center and State. Nonetheless, the absence of the terms federal or federation and the presence of unitary features can make us conclude that our Constitution is more quasi federal than federal or unitary. The same was also understood in the case of Sat Pal Vs State of Punjab.
State of W.B Vs Union of India.
The court held that decentralizing of power was essentially to allow smooth governance in a large country and hence contained centralizing features. Through its judgement, the court pointed out the nature of the Constitution as being quasi federal. It can clearly be seen that the courts are having similar views with regard to the nature of Our Constitution.
India's Constitution is essentially quasi-federal, blending federal and unitary features to accommodate its diverse structure. This unique constitutional framework has been recognized and upheld by various courts across the country. While debates persist, India's quasi-federal nature is poised to endure, adapting to changes while maintaining its distinctive character.