Unit 1

Saturday, April 29, 2023 10:06 AM

Unit-I: Meaning and Concept of Constitution and Constitutionalism

a. Definition of Constitution, Constitutionalism and its Classification
b. Sources and Framing of the Indian Constitution
c. Preamble
d. Salient features of Indian Constitution
e. Is Indian Constitution Federal in nature?

a. Definition of Constitution, Constitutionalism and its Classification

Imp points: -
26 Nov 1949 - Adopted the constitution
26 Jan 1950 - Enactment of the constitution

Original Constitution had 395 Articles, 22 Parts and 8 Schedules

Now the constitution has 448 Articles, 25 Parts and 12 Schedules

World's Lengthiest Constitution

Schedules: They are tables which contain extra information which are not present in the
articles

1st Schedule - List of States and Union Territories and their Territories
2nd Schedule - Allowances, privileges, Emoluments of President, Governors, Supreme
Court Judges, etc.
3rd Schedule - Oaths and Affirmations
4th Schedule - Allocation of seats for States and Union Territories in the Rajya Sabha
5th Schedule - Administration and control of Scheduled areas and Scheduled tribes
6th Schedule - Administration of tribal areas in the North-Eastern states of Assam,
Meghalaya, Tripura and Mizoram (Other areas)
7th Schedule - Federal Structure - deals with 3 lists - Union, State, Concurrent
8th Schedule - 22 Official languages
9th Schedule - Land reforms and abolition of the zamindari system. (1st Amendment Act
1951 added the 9th Schedule. It protects the laws included in it from Judicial Review)
10th Schedule - Provisions relating to Disqualification of the members on the ground of
Defection. (Added by the 52nd Amendment Act of 1985, also known as Anti-Defection
Law)
11th Schedule - Panchayats (Added by 73rd Amendment Act of 1992)
12th Schedule - Municipalities (Added by the 74th Amendment Act of 1992)

Mnemonic - TEARS OF OLD PM

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CONSTITUTION
• Constitution is an arrangement that determines the political, legal and social
structures by which society is to be governed.
• Constitution is an Organic Living document (either written or unwritten)
• It is the Fundamental law of the country, supreme law of that country
• Legal and moral framework

CONSTITUTIONALISM
• Constitutionalism is an idea/ideology/philosophy of limiting the powers of
Government and its authority. Literal meaning of Constitutionalism is "limiting the
government or limitation on the government".
• Presence of Constitutionalism can be checked by -
1. Preamble
2. Judicial Review
3. Rule of Law
4. Separation of Power
5. Check & Balance System, etc.
• Constitutionalism is that characteristic which controls the misuse of the power by
an authority of state

Scholars on Constitutionalism
- Scholar David Fellman describes that "the touch of constitutionalism is the concept
of limited government under the higher law".
- Giovanni Sartori - "Constitutionalism calls for restriction on arbitrary power of
state".

Q. How does Indian Constitution follow the principal of Constitutionalism?

A. Constitution of India
↓
3 organs of Government
↓
Legislative Executive Judiciary
↓
They have independence + Separation of Power
Check and Balance System

Constitutionalism Constitution
It is an ideology, which explains Set of legal rules which govern
the way of life, values, beliefs the government. Thus describes
and ideals of people of a nation. the structure and working of the
government.
It is a goal to be achieved Means of achieving the goal
A broad term An important component or part

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A broad term An important component or part
of Constitutionalism

Constitutionalism is possible even without a written constitution. Exceptions - UK

Similarly, even in the presence of constitution, Constitutionalism may be absent. E.g.

Germany under Hitler - there was a written constitution, but no constitutionalism

It is an ideology which states that a government's authority is determined by a body of

laws or Constitution. Constitutionalism is also sometimes regarded as a synonym for
limited government.

Constitution is a means to achieve constitutionalism.

The govt could start viewing itself as a master of all that is surveyed and it could turn a
blind eye to the very goals and purposes for which the govt has been created and given
power. Hence, a constitution is framed, in every nation, as a defence mechanism, over
and above the state power. This arrangement which forces the rulers to stay within
their jurisdiction by means of a written constitution = Constitutionalism. It is a trust,
belief, faith in the knowledge that power will not be misused.
Constitutionalism stands for the principle that the exercise of power shall be bounded
by rules which lay down the procedures and determine the validity of all government
actions.

Under constitutionalism, we strive to put two limitations on the government:

(i) Powers prescribed
(ii) Procedures prescribed

It is based on the firm belief that limited govt is the best govt and in using the
constitution consciously as an instrument of imposing these limitations. There is Rule of
Law, which also rules the govt.

Constitutionalism implies that the exercise of political power should be bound by

limitations, controls, checks and rules, whether these exist in the form of a written or
unwritten constitution. Constitutionalism becomes a living reality to the extent that
these rules curb the arbitrary exercise of power and permit scope for enjoyment of
certain rights by citizens. Also, constitutionalism implies a division of powers instead of
concentration of powers. It implies acceptance of plurality of interests in the society and
no authoritative leadership, i.e., no dictatorial leadership, and minimum constraints on
individual freedom.

Classification of Constitution
1. Written or Unwritten
a. Written constitution - those laws which have been codified and compiled in
the form of a book (USA-first, India-largest)
b. Unwritten constitution - lacks in codification and compilation (UK-first)

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 2. Rigid or Flexible
a. Rigid - If the amendment of the constitution is difficult, then it is rigid. Like by
special majority. USA's constitution is rigid.
b. Flexible - If the amendment of the constitution is easy, then it is flexible. Like
by simple majority (50%). UK's constitution is flexible.
India's constitution is in the middle ground of rigid and flexibility

3. Presidential or Parliamentary

4. Enacted or Evolved
a. India's constitution was framed by the Constituent Assembly over a span of 2
years, 11 months and 18 days. Therefore, we can say that India has an
Enacted Constitution as it was framed by a specific body within a specified
time. Also, USA.
b. Evolved Constitution - It is not framed by a specific body and has grown
according to time as per the needs and requirements. E.g. UK

5. Unitary or Federal
a. Federal - Division of Power between Centre and State. E.g.: USA, Brazil, India,
Nepal, Pakistan
b. Unitary - Division of Power is absent

Republican and aristocratic

Democratic and dictart
Monoparty or multiparty
Supreme or subordinate
Separated or fused

5 Minimum Conditions to be called as Federal

i. Division of Power
ii. Written constitution
iii. Dual Polity
iv. Supremacy and Rigidity of Constitution
v. Independent Judiciary

b. Sources and Framing of the Indian Constitution

Major Sources of Indian Constitution:-

• Indian constitution borrowed some provisions from other constitutions of the
world. Many criticized that Indian Constitution was nothing but borrowed from
different countries. On this, Dr. Ambedkar said, "There is nothing to be ashamed of
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 different countries. On this, Dr. Ambedkar said, "There is nothing to be ashamed of
in borrowing. It involves no plagiarism. Nobody holds any patent rights in the
fundamental ideas of constitution".
• The Constitution of India has several features which distinguish it from the
constitutions of other countries.

- United States of America (USA) - President Needs Fund for Removal of Present
Vice-President & Judges in USA
○ Fundamental Rights
○ Organisation and powers of Supreme Court
○ President of India
○ Judicial review
○ Post of Vice President
○ Impeachment of the President
○ Preamble of the Constitution

- United Kingdom (UK) - Parle Bi-SCuit

○ Parliamentary System
○ Legislature Procedure
○ Rule of Law
○ Bicameralism
○ Cabinet system
○ Single citizenship
○ Parliamentary privileges
○ Writs

- Ireland - Ele's DP is No. '1

○ Directive Principles of State Policy
○ Method of election of the president
○ Nomination of members to Rajya Sabha

- Canada - Can I Know Feds Address

○ Federal System
○ Centre appoints the Governors at the states
○ Advisory Jurisdiction of Supreme Court
○ Residuary powers to the centre

- Australia
○ Concept of concurrent list
○ Joint sitting of two houses
○ Freedom of trade, commerce and intercourse

- France
○ Idea of Republic
Idea of Liberty, Equality and Fraternity

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 ○ Idea of Liberty, Equality and Fraternity

- Japan
○ Concept of 'procedure established by law' (similar to Rule of Law)

- USSR (Russia)
○ Fundamental Duties
○ Ideas of Justice (social, economic and political) expressed in preamble

- The Government of India Act, 1935

○ Federal Scheme
○ Office of Governor
○ Public service commissions
○ Emergency provisions
○ Administrative details

- Weimar Constitution of Germany

○ Suspension of Fundamental Rights during Emergency

- South African Constitution

○ Procedure of amendment of Constitution
○ Election of members of Rajya Sabha

Framing
As early as 1922, Gandhi ji demanded there must be chosen reps of the people. Failure
of the round table conference to solve the deadlock about the constitution of India,
further strengthened this demand for Indian representatives. In May 1934 congress
adopted
Idea of constituent assembly - second world war empowered the idea of India's
freedom
For the first time ever, British govt was forced to accept the demand of constituent
assembly in the August offer of 1940. the Cripps mission for the first time gave a
concrete scheme for the election of a constitution making body

c. Preamble
Importance, can it be amended

42nd amendment, 1976 - words added Socialist, Secular, integrity

Preamble - introductory statement - explains doc's philosophies, intention of framers,

core values, history behind creating

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Sources of const, nature of Indian state….

History of preamble - nehru ji mentioned in obj resolution - adopted 26th jan 1947 -

Preamble not enforceable - gives object of constitution - acts as aid in interpretation of

articles - when language is ambiguous

Components of preamble - authority lies with ppl of India - obj: secure justice, liberty,
fraternity, unity of nation, etc. it was adopted on 26th Nov 1949.

Justice helps in achieving the objective - social, economic, political

Equality - no special privileges

Liberty - ppl have freedom to choose their way of life in the limits, not encroaching on
other ppl rights

Fraternity - brotherhood, promote unity and harmony

Very imp objectives

Keywords: -
WE THE PEOPLE OF India - This means that the source of the constitution is the people
of India. shows ultimate sovereignty of ppl, at the end of the day, everything depends
on will of ppl of India

Sovereign - Means supreme or independent. Independent authority, no dominion of

external powers. Sovereignty has two dimensions: External and Internal. India is both
internally and externally sovereign.
External sovereignty means the sovereignty in International Law which means the
independence of the state against other states.
Internal Sovereignty is the right of a nation to be free of internal forces of
disruption to its rights & freedom to exercise the internal governance of its society
and territories.
India is sovereign since 26th Jan 1950. And India was a slave under the English till 15th
Aug 1947. So during the period in between, India was a dominion (independent but with
a little external influence)

Socialist - 42nd amend, achievement of socialist ends thru democratic means. We will
have social and economic equality. Social equality means everyone is equal despite what
their caste, colour, creed, sex, religion or language. Economic equality means that
government will endeavor to make the distribution of wealth more equal and provide a
decent standard of living for all

Secular (42nd amen) - Equality of all religions and religious tolerance. No official state

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Secular (42nd amen) - Equality of all religions and religious tolerance. No official state
religion of India. Government must not favour or discriminate against any religion. Every
person has the right to preach, practice and propagate any religion they choose.
SR Bommai v UoI - Held secularism is part of basic structure of Consti
In Ahmedabad St. Xavier's College v. State of Gujarat, the Supreme Court held that
Secularism neither means anti-god nor pro-god. It just ensures that no one is
differentiated on the basis of religion, eliminating the concept of God in matters of the
state.

Democratic (estb form of const, election) - India is a democracy. People of India elect
their governments through free, fair and periodic elections at all levels (union, state and
local) by a system of universal adult franchise.

Republic (HoS = prez) - Democratic republic is an entity in which the head of state is
elected, directly or indirectly, for a fixed tenure

Justice - Social, Economic, Political

Social justice - abolition of inequalities from society
Political justice - elimination of unreasonable distinctions in the political matters of
state
Economic justice - Equal wage for equal work

Liberty - Thought, Expression, Belief, Faith and Worship

Liberty is a state where there is absence of restrictions

Equality - Status and Opportunity

Providing equal rights to citizens

Fraternity - means a spirit of oneness and brotherhood for ensuring the dignity of the
individual and the unity and integrity of the nation.

Objectives of consti - Golaknath v State of Punjab - obj that were sought to be achieved
by the const is declared in the preamble, so basically its ideas and aspiration are
mentioned in the preamble and details are mentioned in consti

Status of Preamble
In Re: Berubari case - used under Art. 143(1) (precedential reference), related to
implementation of indo-pak union, in exchanging enclaves, etc. 7 judge bench
Imp point: "preamble is key to open mind of the makers, but cannot be considered as
part of constitution, therefore can't be referred to as source of substantive power".
Such powers which have been granted to the govt or any department have to be
expressly granted in the body of the constitution or has to be implied from those so
granted. Not part of Consti so cannot be amended by Art. 368

Kesavananda Bharti case - 13 judges bench - Preamble of constitution was considered as

part of constitution. But not a source of supreme power, but helps in interpretation,

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 part of constitution. But not a source of supreme power, but helps in interpretation,
therefore important part. We keep in mind the words of the preamble while giving a
judgement (as well as making and enacting other laws) Therefore, preamble cannot be
considered as beyond the scope of constitution.

1990 - charan lal sahu v. UoI - similar view as kesavananda bharati case

Can preamble be amended or not

Debated topic - but 42nd amendment - only after kesavananda bharti case since it
decided preamble is part of constitution and hence could be amended, but basic
structure cannot be amended. As of now preamble has been amended only once - 42nd
amendment - socialist, secular, (unity and) integrity.

d. Salient features of Indian Constitution

1. The lengthiest written constitution in the world and it is also very detailed. Originally there
were 395 articles and 8 schedules. Currently there are 12 schedules and 448 articles in the
Indian Constitution. Single constitution for both Centre and states.

2. Drawn from various sources - GoI Act 1935, FRs from US, DPSP from Irish Consti, Political
aspects have been taken from British Consti

3. Establishment of a Sovereign, Socialist, Secular, Democratic, Republic - The preamble of our

Constitution provides India to be a Sovereign, Socialist, Secular, Democratic and Republic
country. There are various other terms like, Justice, Liberty, Equality, and Fraternity which
ensure equality and protect people.

4. The Indian Constitution is a unique blend of rigidity and flexibility. This is because the Indian
Constitution is not very difficult to amend, although there are certain steps to be satisfied
before bringing in the amendment (some can be amended by simple majority, some by special
majority). This is in contrast to the American Constitution which is known as a rigid constitution
and very difficult to amend (needs special provisions to amend)

5. Parliamentary form of Government - The Parliamentary system is preferred over the

Presidential system as it ensures the equal distribution of power and also power is not within
the hands of a single person.

6. Secular state - The term Secular State means that there is no separate religion for the State and
every religion is respected equally in the State. The Preamble of the Indian Constitution itself
states that India has to be a secular state. The Fundamental rights provide the citizens’ freedom
to follow their own religion and religious practices and no one can be forced to follow any
religion.

7. Popular sovereignty - Popular sovereignty is the principle that the authority of a state and its
government are created and sustained by the consent of its people, who are the source of all
political power.

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 political power.

8. Federal system with Unitary bias - Constitution of India has divided the country into states and
allocated them functions. There's a division of power - two levels of government with an
independent judiciary. Unitary bias - After distributing matters into 3 lists, residual subjects go
to the union. President when appoints Governors act as aids of the President. Strong centre.
Single citizenship. Thus the Indian Constitution can be described as quasi-federal or a
federation with a strong centralizing tendency

9. Universal Adult Franchise without communal representation - The concept of Adult suffrage
allows every citizen of our country who is above eighteen years has the right to vote in the
elections. Any adult who is eligible to vote should not be discriminated on any basis like gender,
caste and religion.

10. Compromise between Judicial Review and Parliamentary Supremacy - Constitution has given
judiciary the power to declare a law unconstitutional, but at the same time constitution says
that parliament can amend/make a law by special majority if the court appears to be too
obtrusive

11. Single citizenship - There is no separate citizenship for the states and the Centre and there is
single citizenship provided to the citizens. Part 2 of the Indian Constitution, i.e., Article 5 to
Article 11, deals with citizenship. The citizenship of Indians is largely determined by the
principle of jus sanguinis ( i.e. the citizenship is based on the citizenship of the parents).

12. Independence of judiciary - The Judiciary ensures the proper functioning of the constitution and
the enforcement of various provisions of the Constitution. The Constitution makers ensured
that Judiciary has to be independent so that it will not be biased. It is also an independent
judiciary as the same laws are followed throughout the country.

13. Fundamental Rights - Part III of the Indian Constitution deals with the Fundamental Rights
which are - (a) Definition of State (Art. 12) (b) Judicial Review (Art. 13); (c) Right to Equality (Art.
14-18); (d) Right to Freedom (art. 19-22); (e) Right against Exploitation (Art. 23-24); (f) Right to
Freedom of Religion (Art. 25-28); (g) Cultural and Educational Rights (Art. 29-30); (h) Right to
Constitutional Remedies (Art. 32-35)

14. Fundamental Duties - Article 51A of the Indian Constitution provides various fundamental
duties. There are no specific provisions to enforce fundamental duties in the Courts like the
fundamental rights but it is also necessary to follow the fundamental duties. Some of these
duties are - to respect the Constitution and abide by its provisions, to value the rich heritage of
our country, to promote harmony and the spirit of a common brotherhood.

15. DPSPs - Part IV of the Indian Constitution deals with the Directive Principles of State Policy. It is
the duty of every state to apply these principles while making any new legislation. DPSPs are
not enforceable by law.

e. Is Indian Constitution Federal in nature?

Dr. B.R. Ambedkar - "India is a Union of States, Not a Federation"

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Dr. B.R. Ambedkar - "India is a Union of States, Not a Federation"

Features of Federalism: -
- Dual Polity (Centre and state govt.) - centre and state are not subordinate to each
other
- Division of power
- Rigidity of Constitution - The procedure to bring amendments to the constitution
should not be very easy, otherwise the basic principles of the Constitution would
be under threat. However, the rigidness of the constitution should not be confused
with inflexibility. The constitution is an organic document and should be flexible
enough to accommodate according to the changing time
- Supremacy of the Constitution - Supreme Law - Laws made are inspired by the
Constitution - a Federal state derives its existence from the Constitution
- Independent Judiciary - Authority of Courts - judiciary has the final authority to
interpret the constitution. The rationale for this provision is that only an
independent tribunal which is authorized to resolve disputes between the Centre
and the states could impartially resolve all the disputes between them. As regards
to India, the Supreme Court (apex court) is that federal tribunal which has such
powers and competency. The supreme court is authorized to exercise such power
by way of Article 131 of Indian Constitution.
- Written constitution (USA) -
- Lists (from Canada) - divide areas of work between centre and state - Distribution
of Power forms an important and integral part in Federalism. Done by way of 3
lists - union, state, concurrent, provided in 7th Schedule of Constitution
- Residuary powers to Centre (Art. 248 of Indian constitution)
- Simple and Special majority

Non-Federal Features: -
- Flexibility of constitution
- Emergency provisions
- Single constitution
- Strong centre - Centre exercises power over states - Governors (appointed by
Prez.)
- States are not indestructible
- Single citizenship - no state citizenship
- All India Services (IAS, IFS, etc.) and individual State Civil Services
- Centre is stronger than states in elections. Election Committee is controlled by
Prez.
- Unwritten constitution - UK, New Zealand, Israel, Saudi Arabia

Provisions of the Constitution not supporting the federal principle: -

1. Indian Constitution lays down a double polity system, where the Central
Government is neither merely the league of States nor the States are the
administrative units or agencies of the Central govt. because they have their own
constitutional identity.

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 constitutional identity.
2. However, there are some strong centralizing tendencies present in the Indian
Constitution which confer maximum power to the Central govt. The reason for this
centralization dates back in history at the time when the Constitution was made. At
the time of the partition of the country, the framers thought that if the Central
govt is not strong, then the country would get fragmented.
3. The Philadelphia Convention which resulted in the formation of the US
Constitution also mentioned the term "union". This term was mentioned there in
order to make it a more perfect Union and in the express terms. It is highly
probable that the intention of the Constituent Assembly behind adding the
expression Union was that they wanted to give an impression that it was an
indestructible Union..
4. Appointment of Governors - done by the Central govt. - Governor is constitutional
head of the state, as well as a representative of the centre. Centre protects states
from internal and external disturbance and ensures that there is no failure of
constitutional machinery
5. Single Citizenship
6. Parliament's power to legislate in the national interest
7. Parliament's power to form new states and alter the boundaries of existing
states - Article 2 and 3
8. Unified judiciary - centralised judiciary with SC at top position, while federal
system has dual system of courts
9. Emergency provisions - division of power between centre and state takes a vital
change. Art 356 - if Prez deems right that the condition of governance of the state
can't take place according to the principles of the constitution, then the President
can dissolve the legislature and other state machinery and he can himself assume
all the state's functions
10. Representation - Representation in the legislature, which is similar in case of a
federation like USA, is not applicable in the case of India. State in India have
differing representation in the Upper House of the parliament. Representation of
states in Rajya Sabha is not equal
11. Residuary Powers - this refers to the authority of the central govt to legislate on
the subjects which do not find any mention in the union, state, or concurrent lists
of the 7th Schedule.

Conclusion -
The Indian Constitution empowers the Centre to interfere in state matters, therefore
placing the states in a subordinate position, which violates Federal Principles. Thus, the
constitution of India is neither purely federal nor purely unitary, but it is a combination
of both, a Quasi-Federal constitution.
The Chairman of Drafting Committee, Dr. Ambedkar had thus rightly said that, “Our
Constitution would be both unitary as well as federal according to the requirements of
time and circumstances”. The Drafting Committee wanted to clarify that though India

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time and circumstances”. The Drafting Committee wanted to clarify that though India
was a federation, it was not the result of any voluntary agreement between the States.
Though the country is divided into many States, it is basically for administrative
purposes which do not in any way affect its functioning as an integrated unit.

Finally, on a careful analysis of the federal and unitary features of the constitution, this
aspect is not hard to miss that in every federal feature, there was an ultimate
centralizing force which is existing. Therefore, it would not be wrong to conclude that
the Constitution of India is federal in structure and unitary in spirit i.e. it is quasi-federal
in nature.

Federalism - derived from Latin word fedus -treaty or agreement

Dicey - federalism = distribution of force of the state among its coordinating bodies…
bodies controlled by constitution. This division of power between state and union is in
such a way that the power distributed will be exercised by that body only, hence it’s a
sovereign in itself

In article 1(1) - it mentioned India shall be a union of states

India has 3 tier govt - union, state and panchayat (73rd and 74th amendment) - hence
unique federal govt since other have 2 tiers.

Features of Indian Federal System

- Division of Powers - distribution between central and state govt - so that each unit
can enact their powers within their own spheres and not encroach on each other.
7th Schedule - Lists - Union, State, Concurrent. Residuary powers have been vested
in the central govt. So India is a federal govt, there is unitary bias
- Supremacy of the Constitution - in a federation, constitution should be supreme
source. If in case anybody tries to violate the constitution, the court of law will take
action.
- Written Constitution - one of the most imp essential of federalism - if not written,
can be moulded into anything.
- Rigid Constitution - procedure of amendment is little complicated and difficult, but
not inflexible. Indian constitution has perfect balance of rigidity and flexibility, can
be amended by joint action of legislature and judiciary. Special majority (2/3rd
majority), simple majority
- Independent judiciary - guardian of constitution - therefore has to be impartial. SC
can declare a law as unconstitutional if any provision contravenes the provisions of
the constitution or the FRs. SC acts as a huge tribunal in solving disputes between
centre and states. Methods to ensure impartiality - judges cannot be removed
easily (need impeachment), salaries cannot be curtailed (only in financial
emergency, not happened yet)
- Bicameral system considered to be essential in a federation - basically keeping a
check and balance on both the houses

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 check and balance on both the houses

Non-Federal features
- Single citizenship - though federal consti provide for dual citizenship - no state
citizenship
- Very strong centre - unitary bias - residuary powers. In any kind of emergency, all
the powers go to the centre, and powers of the states are curtailed much more in
comparison to the centre.
- Single constitution for union and the states - USA has different constitutions for
their states. Indian states are not permitted to have their own constitution.
- Centre can change the name and boundaries of the state, unlike in federalism
(Article 3). Against a federal setup
- Single, unified judiciary. SC is highest court in India - exercises supervision and
control over other subordinate courts. Aka court of records, judgements are
binding all over the country. Therefore unitary characteristic
- Emergency provision - President has all the power but nominal head only, so the
centre has much of the power. States completely lose their voice. Article 352 -
state emergency, 356-presidents rule, 360-financial emergency.
- Common all India services, uniformity in administrative system provided by the
constitution to reduce frictions. IAS, IFS, etc. usually work under the central govt.
- Inequality of representation in the election
- Governor at the state is the constitutional head of the state - basically puppet of
President - powers vested with the governor, can withhold assent to the bill. Hence
power of centre over state administration.
- CAG is appointed by Prez
- Centralized electoral machinery
- Election Commission under control of Centre
- Appointment of HC judges by Prez.
- Flexibility of constitution - balance between rigidity and flexibility
- Special powers of council of states -Art. 249 empowers Rajya Sabha to make laws
on issues of national importance even if they are in the state list
- Financial dependence of the state - states in India have to be completely
dependent on the centre for their finances, especially during natural disaster

Conclusion - India is ofcourse a federal setup, but not completely, there's a unitary
bias
Federal structure in a unitary spirit, hence quasi-federal in nature

Kuldeep nair v. uoi

State of west bengal v. uoi
Kesavandna bharti
.?

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