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Question – Why the Constitution of India is Referred as Quasi-Federal?
- January 18, 2023
- Posted by: Pallavi Singh
- Category: Blog
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Answer –
Quasi-federalism means an intermediate form of state between a unitary state and a federation. It combines the features of a federal government as well as of a unitary government. India is regarded as a semi-federal state or a quasi-federal state as described by Prof. K.C. Wheare.
Some of the federal features of Indian Constitution are:-
• The constitution establishes a dual polity i.e. it consists of the Union at the Centre and States at the periphery.
• The Indian Constitution, which is written, lays down the powers and functions of Central and state government.
• The Supremacy of the Constitution is upheld by all the organs.
• In a federal system, the constitution may be a rigid one. Indian Constitution is rigid because the division of powers are well explained in it. Being the supreme, it requires both the Central and State to be together to amend it. In such a way , the Indian Constitution is rigid.
• Being federal, it’s necessary to possess division of powers. The Seventh Schedule contains three Legislative Lists that is- Union, State and Concurrent Lists, thus showing a federal feature.
• The Constitution has provided for a independent and integrated Judiciary.
• The Constitution of India also provides for a bicameral Legislature at the Centre consisting of Lok Sabha and Rajya Sabha.
Some of the unitary features of Indian Constitution :-
• The division of powers is in favour of the Centre and highly inequitable from the federal angle. Even in limited sphere of authority allotted to states, the states do not have exclusive control over subjects mentioned in State List.
• Unlike in other federations, the states in India do not have any right to territorial integrity. The Parliament can by unilateral action change the boundaries or name of any state. This doesn’t require a special majority but a simple majority.
• Usually, in a federation, the states have the authority to make their own Constitution and be independent from the Centre. But the Indian Constitution doesn’t provide such power to the states.
• The process of constitutional amendment is less rigid than what’s found in other federations. The power to initiate an amendment to the Constitution lies only with the Centre. The bulk of the constitution can be amended by the unilateral action of the Parliament.
• The Constitution stipulates three sorts of emergencies—national, state and financial. During an emergency, the federal structure is converted to a unitary structure making the Central Government supreme.
• In spite of a dual polity, the Constitution of India provides for single citizenship.
• The Indian Constitution has established an integrated judiciary with the Supreme Court at the highest and therefore the state high courts below it. This single system of courts enforces both the Central law and the state laws.
• In India the Centre and the states have their separate public services. Besides, there are all-India services (IAS, IPS, and IFS). These are common to both the Centre and the states.The members of these services are recruited and trained by the Centre which also possess ultimate control over them.
We see that the Indian Constitution shows both federal and unitary constitution characteristics. This is often the rationale why it’s referred to as a Quasi Federal Constitution.