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Why Indian Constitution is called Quasi-federal?
Why Indian Constitution is called Quasi-federal?
Before knowing why the Indian Constitution is called quasi-federal, one must know the meaning of federal and unitary constitution. A federal constitution is one that's drafted and ratified for the aim of stating the connection of a federal to the governed. A federal is one during which powers are divided between the central government and therefore the state governments by the Constitution itself. Both of them operate in their respective jurisdictions independently. On the opposite hand a unitary system is governed constitutionally together single unit during which the central government has the supreme power. The Indian Constitution has both unitary and federal features.
It is federal due to the subsequent reasons:-
• 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. It also prescribes the bounds thus avoiding confusions.
• The Supremacy of the Constitution is upheld in the least costs 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 supremacy, 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 Supreme Court. Also there has been every effort made to ascertain that the judiciary in India is independent and supreme.
• The Constitution of India also provides for a bicameral Legislature at the Centre consisting of Lok Sabha and Rajya Sabha.
It is unitary due to the subsequent reasons:-
• The division of powers is in favour of the Centre and highly inequitable from the federal angle.
• Unlike in other federations, the states in India haven't 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, during a federation, the states have the authority to make their own Constitution and be independent from that of the Centre. But the Indian Constitution doesn’t provide such power is to the states.
• The process of constitutional amendment is a smaller amount rigid than what's found in other federations.
• 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 adopted the system of 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) exams. These are common to both the Centre and therefore the states.
• The Comptroller and Auditor-General of India audit the accounts of not only the Central government but also those of the states.
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.
