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Federal System with Unitary Bias

Federal System with Unitary Bias: Simple Notes

  • Federal System in India: The Indian Constitution sets up a federal system of government.  

  • Features of a Federation (Present in India): A federation usually has these characteristics, and India has them too:

    • Two Governments: A central government and state governments.  

    • Division of Powers: Powers are divided between the center and states (like in lists in the Constitution).  

    • Written Constitution: A document outlining the rules of government (the Indian Constitution itself).  

    • Supremacy of Constitution: The Constitution is the highest law of the land.  

    • Rigidity of Constitution: A process for amendment that is not too easy (as discussed before).

    • Independent Judiciary: Courts are free from influence of the government.  

    • Bicameralism: Legislature (Parliament) has two houses (Lok Sabha and Rajya Sabha).  

  • Unitary Features (Bias Towards the Center): Despite being federal, the Indian Constitution also has many unitary (centralized) features, giving more power to the central government:  

    • Strong Centre: The central government is made stronger than the states in many ways.  

    • Single Constitution: One constitution for the entire country, states don't have their own separate ones.

    • Single Citizenship: All Indians have the same citizenship, not separate state citizenships.  

    • Flexibility of Constitution (for some parts): Some parts can be easily amended by the center, giving it more control.

    • Integrated Judiciary: The court system is unified under the Supreme Court at the center.  

    • Appointment of State Governor by the Centre: State governors are appointed by the central government, acting as a link and sometimes central influence in states.

    • All-India Services: Civil services like IAS and IPS are for the whole country, controlled by the center, but officers work in states.  

    • Emergency Provisions: During emergencies, the central government becomes very powerful and can control the states.  

  • "Union of States," Not "Federation":

    • The word "Federation" is not used in the Indian Constitution itself.

    • Article 1 calls India a "Union of States".  

    • Two Meanings of "Union of States":

      1. Not an Agreement: The Indian federation was not formed by states agreeing to join together (unlike some federations like the USA originally was). It was more of a top-down creation from a unified India.  

      2. No Right to Secede: No state has the right to leave or break away from the Indian Union. It's an unbreakable union.

  • Descriptions by Experts: Because of this mix of federal and unitary features, experts have described Indian federalism in different ways:

    • "Federal in form but unitary in spirit": Looks federal on paper, but works more like a unitary system in practice.

    • "Quasi-federal" (K.C. Wheare): "Quasi" means "sort of" or "almost". Not a perfect federation, leaning towards unitary.  

    • "Bargaining federalism" (Morris Jones): Center and states constantly negotiate and bargain for power.  

    • "Co-operative federalism" (Granville Austin): Center and states should cooperate and work together.  

    • "Federation with a centralizing tendency" (Ivor Jennings): A federation that naturally leans towards giving more power to the center.

In Simple Words: India is a federation, meaning power is divided between the center and states. It has federal features like two levels of government and a written constitution. BUT, it also has a strong "unitary bias," meaning the central government is more powerful than in a typical federation. India is called a "Union of States" to show it's a strong, unbreakable union where states can't leave, and it wasn't formed by states freely joining together as separate entities. Experts have different names for this unique Indian style of federalism, but they all agree it's a federation with a strong central government.  

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