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Sunday, December 15, 2013

Federal Structure

The Indian Constitution is basically federal in form and is marked by the traditional characteristics of a federal system, namely, Supremacy of the Constitution, division of power between the Union and the State Governments, existence of an independent judiciary and a rigid procedure for the amendment of the Constitution. It establishes a duly polity, with clearly defined spheres of authority between the Union and the States, to be exercised in fields assigned to them respectively. There is an independent judiciary to determine issues between the Union and the States, or between one State and another. An amendment in the respective jurisdictions of the Union and the States can be brought about only by invoking a special procedure in Parliament and ratification by a majority of States. However, there are marked differences between the American federation (which is the classical federal model) and the Indian federation. First in America, there is a dual citizenship, whereas, in India, there is only one citizenship. Indian citizens, wherever they reside, are equal in the eye of law. Secondly, the States in America have a right to make their own Constitutions, whereas no such power is given to the States in India. Thirdly, the Indian Constitution exhibits a centralising tendency in several of its provisions, e. g., the adoption of a lengthy Concurrent List, the power of Parliament to re-organise the political structure of the country, supremacy of Parliament over State Legislatures if there is a direct conflict between their respective jurisdictions, vesting of the residuary legislative power in Parliament, and powers of Governors to reserve Bills for the consideration of the President of the Republic. Fourthly, in certain circumstances, the Union is empowered to supersede the authority of the State or to exercise powers otherwise vested in the States.  

 
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