Discuss the provisions of strong unitary features in the Indian Constitution and the reasons for their adoption.
UPSC Mains Syllabus topic
Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein.
Why was this question asked?
Though the federal principle is dominant in our constitution and that principle is one of the its basic features, but it is equally true that federalism under the Indian Constitution leans in favour of a strong centre, a feature that militates against the concept of strong federalism (2014)
Introduction :The Indian Constitution, while primarily federal in nature, incorporates provisions that strengthen the central government’s authority. These modifications of strict federal features were included to address the specific needs and circumstances of the country.
Body
Features of strong unitary form of government.
a) Unilateral alteration of state boundaries: Article 3 empowers Parliament to change state boundaries or modify state names, allowing for flexibility in administrative divisions.
b) Distribution of power in favor of the union: The union list contains the most significant number of items, giving more authority to the central government. The concurrent list also favors the centre’s power over the states.
c) Union legislature’s intervention in state matters: Article 249 enables Parliament to enact laws in the state list for one year, extendable for additional periods. A resolution supported by two-thirds of the members present and voting
in the Rajya Sabha is required.
d) Reservation and approval of state laws: Certain laws passed by state legislatures require the President’s consideration and approval, ensuring central oversight and control.
e) Binding administrative directions: The Union governmentcan issue directions to states on matters related to compliance with central laws, ensuring uniformity and enforcement.
f) Governors’ appointment and accountability: Governors are appointed by the President and hold office at their pleasure. They exercise discretionary powers and are answerable to the President.
g) Financial dependence on the Union: The distribution of financial resources favors the Union government, making states reliant on grants from the centre.
h) Central control during emergencies: Under Article 352, the Union Parliament can make laws on state list matters, issue directives to states, and suspend financial provisions during emergencies.
i) Failure of constitutional machinery in a state: Article 356 allows the President to assume the state government’s functions, including those of the high court, and authorize Parliament to exercise the state legislature’s powers.
j) Financial emergency provisions: Article 360 empowers the President to issue directives, including salary reductions, and exercise control over state money bills during financial emergencies.
Conclusion: The Indian Constitution includes strong unitary features, which modify strict federal principles, to address the historical context and specific needs of the nation. These provisions were adopted to ensure a united India, provide stability, prevent disintegration, and establish a strong central government capable of effectively governing the diverse states. While maintaining the federal structure, these modifications strike a balance between unity and diversity, enabling effective governance and national cohesion.
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