Is the constitution of India Federal ??


There are different opinions about the nature of Indian constitution .
   According to the traditional classification followed by the political scientists, Generally Constructions  are either unitary or Federal .

1)Unitary Constitution

2)Federal Constitution

Unitary Constitution -

       In a unitary constitution the powers of the government are centralised in one government for example. The central Government. The provinces are the subordinate to the centre

Federal Constitution -
    
            In a Federal constitution there is a division of powers between the federal and state governments and both are independent in there a spheres.


            There is a difference of opinion amongst the constitutional Jurists about the nature of the Indian Constitution. One view is  that  it is a quasi federal constitution and contains more unitary features than federal. The other view is that it is a novel features adopting itself to National Emergencies.
The view of the framers of the Constitution is that the Indian Constitution is a federal constitution. Dr Ambedkar the chairman of the drafting committee observed thus ,"I think it is agreed that our constitution notwithstanding the many provisions which are contained in it whereby the centre has been given powers  to override Provinces (States) nonetheless is a federal constitution."   

        But some constitutional jurists hesitate to characterize the Indian Constitution as Federal. It is therefore, necessary to ascertain firstly what Federal constitution is and what are its essential characteristics and there secondly, to examine whether our constitution possesses those characteristics.


Federal principle

 "The federal  principles meant the method of dividing powers, so that the general and regional governments are each within a spare co-ordinate and independent. Both the Federal and the regional governments are co-ordinate and independent in there spheres and not subordinate  to one another" 
The American constitution is universally regarded as an example of Federal constitution. It establishes dual polity or dual form of government. for example the federal and the state governments.  The powers of the central and state governments, are divided and both are independent In their own spheres. The existence of co-ordinate authorites  independent of each other is the gist of the Federal principle.




0 comments:

Post a Comment

See Also..