Indian Constitution: Federal Structure with Centralized Features
The Indian Constitution is often described as federal with a strong centralizing tendency. This means that while the Constitution establishes a federal structure, with powers distributed between the central government and the states, there are certain features that give more dominance and authority to the central government. Here’s an analysis of the federal and unitary features of the Indian Constitution:
Federal Features
Division of Powers
Distribution: The Constitution clearly divides powers between the central government (Union) and the state governments. The distribution of powers is enshrined in the Seventh Schedule, which contains three lists—Union List, State List, and Concurrent List—specifying the subjects on which each level of government can legislate.
Dual Government
Distinct Entities: India has a dual polity with clear jurisdictions for the Union and the states. Both the central and state governments derive their powers from the Constitution and operate as distinct entities.
Bicameral Legislature
Division of Legislature: The Parliament consists of two houses—the Lok Sabha (House of the People) representing the Union and the Rajya Sabha (Council of States) representing the states. This reflects the federal character of the legislative structure.
Supreme Court as the Federal Court
Jurisdiction: The Supreme Court of India is the ultimate federal court. It has the jurisdiction to adjudicate disputes between the Union and the states and also has the power of judicial review over laws enacted by both.
Unitary Features
Single Citizenship
Uniform Citizenship: Unlike many federal systems where citizens have dual citizenship (national and state), India has a single citizenship. All citizens are citizens of India, and there is no separate state citizenship.
Integrated Judiciary
Single System: The judiciary in India is integrated, and the Supreme Court is the apex court for the entire country. While High Courts exist in states, they have jurisdiction over matters specified in the Constitution and laws.
Emergency Powers
Centralized Authority: During a state of emergency (national, state, or financial), the central government gains increased authority. The President can assume a more central role, and the distribution of powers between the center and the states can be temporarily altered.
Appointment of Governors
Central Appointment: Governors of states are appointed by the President, and they represent the center in the states. While they perform constitutional roles, the method of their appointment and their potential influence by the central government may suggest a unitary feature.
Residuary Powers
Central Residuary Powers: The residuary powers, i.e., powers not explicitly mentioned in any of the three lists (Union, State, and Concurrent), belong to the Union. This gives the central government authority over matters not specifically assigned to the states.
Single Constitution
Unified Document: Unlike some federal systems with separate constitutions for the center and the states, India has a single Constitution that governs the entire country.
In conclusion, while the Indian Constitution establishes a federal structure, certain features lean toward a unitary system. The unitary features provide the central government with certain powers that, in exceptional circumstances, can enhance its authority, contributing to the perception of a “strong centralizing tendency” in the Indian constitutional framework.