Unitary Features Of The Indian Constitution

India is a unique blend of federal and unitary features, which is reflected in its Constitution. While it is primarily considered a federal state, certain provisions of the Indian Constitution exhibit unitary features that emphasize a strong central authority. These unitary features of the Indian Constitution play a significant role in ensuring national unity, law enforcement, and stability. From the dominance of the central government in critical areas like defense and foreign affairs to the powers vested in the President and the Governor, India's Constitution balances the powers between the central and state governments. In this blog, we explore the key unitary features of the Indian Constitution that maintain the coherence and integrity of the nation.

Federal vs. Unitary Systems

• Federal System: In a federal system powers are distributed between a central and a state government, which have their areas of autonomy. For example, the USA follows the federal system of countries.
• Unitary System: In a unitary system or non-federal system, the central government has a lot of power and the states have very little. In such systems, they are often not decentralized, leading to centralized laws and policies and a single governance model.

Thus, India is primarily called a federal state, but it is definitely unitary in features dealing with national unity, law enforcement, and emergency management as important unifying factors in the union.

Important Unitary Features Of The Indian Constitution

Let us explore the main unitary features of the Indian Constitution:

Strong Center

The Indian Constitution gives more power to the Union Government as compared to the State Governments. Let us take an example that it is the States who define the subjects under the State List while the Central Government can legislate on the subjects of the Union List and the Concurrent List.

This centralization within the other important areas, in other words, defense, foreign affairs, and communications helps the government to remain consistent in them.

Single Constitution

India has only one constitution and it applies to both the centre and the states. Indian states follow the same constitution as the central government, while in the US, one state has different constitutions. This further cements the notion that India should be a unified nation and there should be unity among all the states.

Single Citizenship

Indian citizenship is the sole citizenship for all the states of India. One of the reasons for the existence of this single citizenship is to bring national unity, also single citizenship prevents people from being divided in some states while other states live in community. There is no state-specific citizenship which means all Indians in any state have the same rights and privileges.

All India Services

All India Services, such as the Indian Administrative Service (IAS) and the Indian Police Service (IPS), serve the center as well as the state governments. This is also part of the Indian constitution.

These services are composed of its members who are appointed by the central government but they work in the states, helping to provide a uniform administration to the country and binding the state governments to follow the central policies.

Governor’s Role

The President of India appoints the Governor of each state who represents the central government in the state. The governor has a lot of power and can control the affairs of the state, including suggesting a plan for the President's rule if the state machinery fails to perform the functions enshrined in the Constitution. This post increases the sway of the central government in the states.

Parliament’s Power to Make Laws for States

The Parliament can legislate on the subjects of the State List during an emergency or in certain cases. These subjects are generally only handled by the state governments. If a resolution is passed by the Parliament, it can legislate on state subjects on the call of national interest. This is the unitary character of the Constitution.

Emergency Provisions

A strong feature of the constitution is the emergency provisions under the Constitution of India. The constitution provides for the central government to take over and run the state when there is a crisis. There are three types of emergencies:

• National Emergency (Article 352): It is declared during a war or an armed rebellion against the government. Such an emergency centralizes its power in the hands of the center, and all other states have to obey the orders of the center.
• President's Rule (Article 356): When any constitutional provision or right is violated by the state government and it is unable to function properly. The administration of the state is directly under the control of the central government.
• Financial Emergency (Article 360): It allows the center to take control of state finances when there is a threat to the financial stability of India. It removes the limits on state expenditure and also imposes more control on the central government.

Unequal Representation In Rajya Sabha

The states of India do not have equal representation in the Rajya Sabha (Council of States). Concerning population size, states are along proportional lines and have more representation if they are larger.

Unlike the states in the United States, each state in this federal country has equal representation in the Senate. This is a unitary feature as it allows the populous states to have more influence in their central decision-making.

Integrated Judiciary

The Indian Constitution has established a unified judicial system with the Supreme Court at the top and the state High Courts below it. This single system of courts enforces central laws as well as state laws.

This is in contrast to a strict federal system, where each state can have its supreme court, and thus gives India's unified judiciary control over the legal uniformity of all states.

Veto Of State Bills

The Governor of a State has the power to veto certain types of bills passed by the State Legislature. Under this power, the Governor can withhold a bill for the President's consideration.

The President, then, can decide whether to assent or reject the bill. This arrangement enables the Central Government to exercise some degree of control over the decisions of the state legislatures.

CONCLUSION

In conclusion, the unitary features of the Indian Constitution play a crucial role in maintaining a balance between federalism and centralization, ensuring both state autonomy and national unity. While states retain significant powers in areas like legislation and governance, the Constitution grants the central government substantial authority in essential matters such as defense, emergencies, and financial control. Key unitary features, including a single constitution, single citizenship, the role of the Governor, and the ability to legislate for states during emergencies, reinforce the integrity and unity of the nation. This blend of federal and unitary features of the Indian Constitution ensures that India remains a stable and cohesive country, effectively addressing both regional and national concerns.