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Overview of Indian Federalism and Constitution

The Indian Constitution is relatively flexible and can be amended by a two-thirds majority in Parliament, differing from more rigid constitutions. It establishes a unified judicial system with the Supreme Court as the final court of appeal, which has less power to declare laws invalid compared to the U.S. Supreme Court. Overall, India's federation is characterized as a quasi-federation that prioritizes national unity over autonomous state powers.

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17 views1 page

Overview of Indian Federalism and Constitution

The Indian Constitution is relatively flexible and can be amended by a two-thirds majority in Parliament, differing from more rigid constitutions. It establishes a unified judicial system with the Supreme Court as the final court of appeal, which has less power to declare laws invalid compared to the U.S. Supreme Court. Overall, India's federation is characterized as a quasi-federation that prioritizes national unity over autonomous state powers.

Uploaded by

jayhari261025
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

650 AN INIRODUCTION TO POLlllCS

consutiition the least iigid


ment Fmtheiraoic, the Indian is

the known fcdcial consn-


but moie icasonably flexililc of all

tutions of the world. Except in ceitain specified mat teis, the


constitution may be amended by two-thiids majoiity of the
Union Paihament

Lastly, the Indian constitution has made piovision foi one

set of coints instead of a dual system as in the US.A. More-


over, theie a uniform civil and cuminal pioccdure code
IS

admmisteied by one integrated judicial hieraichy with the


Supreme Couit at the top The Supreme Court, unlike its
counteipart m the USA, acts as the final couit of appeal in

civil and criminal cases in addition to its function as tlic


mterpieter and guaidian of the constitution As uc ha\e \

already seen, the power of the Supieme Couit to declare laws


invalid IS less than that of the Supiemc Court of the U.S A,

Thus on a close analysis, it Indian


appeals that the
federation does not coirespond to the classic conception of a
fedeiation which implies a perfect fedeiation tvith autono-
mous units The Indian fedeiation is a quasi-fcdciation
leaning moie tow-aids umtaimess than towaids federalism.
Considering the histoiical backgiound and the peculiai en-
vironment m
which the fedeiation w'as bom, it may be sug-
gested that the fiameis of the constitution peihaps did the
right thing in showing their piefeience foi the name ‘Indian
Union’ and taking all steps necessary to preseive the funda-
mental unity of the state All fedeiations whether of the^
peifect or of the impeifect type have an inheient tendency
to drift tow^aids umtanness This is noticeable even the m
USA where the application of the ‘Doctiine of Implied
Poweis’ has helped the enlaigement of tlie pow^eis
of the
national government The Government of India is essentially
of the federal type because tlie maiks,— division of pow^eis
written and rigid constitution and federal judiciaiy—
which a federation by
is distinguished fiom
a iinitaiy o-ovein-
ment, aie all piesent in it The
only thing that goes against
it IS that the constitution-makeis
decided, on the ground of
national interests, to make its cenae fat stiongei than the

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