12 December 2024 : Daily Answer Writing
Q1) Though the constitution seems to incline towards to a unitary form of government, it contains enough provisions that safeguard the autonomy of the states. Elucidate.
(150 Words/10 Marks)
ANS:
A federal form of government has powers divided between the Centre and states, whereas a Unitary form of government has powers restricted to the centre. Though Indian constitution is unitary in spirit, it has federal features. Hence Indian constitution has been described as quasi-federal (K.C. Wheare).
Inclination of the Constitution towards a Unitary form:
- Flexibility of the constitution: many provisions in the constitution can be amended unilaterally by the parliament through a simple majority.
- The Centre has the power to declare an Emergency and change the federal structure into a unitary structure.
- Under Article 256, the States are bound by prevailing law and directions given by Centre
- The Union government can alter the boundaries of the state which leads to an indestructible Union and destructible states.
- The Governor is perceived as an agent of the Centre and can sit on the bills of the state legislature. He is appointed and removed by the President.
- Unlike countries like the USA, where there is dual citizenship, there is only single citizenship.
- Single integrated judiciary that enforces both the central and state laws.
- Important Constitutional functionaries are appointed by the central government. Ex: Chief election Commissioners, CAG, Finance Commission etc.
Safeguards for autonomy of states [Federal features]:
- Written Constitution: (a) certain rigid features, specifying the power, structure and limit of powers of the Union and the state; division of powers under Union, State and Concurrent Lists (b) Constitution is the supreme law of land and center and states must operate within the jurisdiction prescribed by the constitution.
- Procedure to amend the Constitution: Amendment on important provisions require special majority of both the houses and ratification by half of the states;
- Bicameralism: Rajya Sabha [representation of states in Parliament] prevents arbitrary legislations that may go against autonomy of states.
- Independent judiciary: (a) Safeguards the interests of the states by interpreting the federal features of the constitution; (b) adjudicate on Centre-state disputes; (c) strike down laws that violate federal principles [basic structure]
