Answer:
Approach:
Introduction
- Begin by explaining the federal structure of the Indian Constitution and how it combines elements of federalism and unitarism.
Body
- Discuss the various features of the Indian Constitution that lean towards a strong Centre.
- Also, mention about cooperative federalism, provided by the Indian constitution.
Conclusion:
- Conclude by summarizing the main points discussed in the body of your answer, acknowledging the federal nature of the Indian Constitution, while highlighting the features that lean towards a strong Centre.
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Introduction:
The Indian Constitution is often described as ‘quasi-federal’ in nature because it combines elements of federalism and unitarism. Although it establishes a federal structure of government, it provides the central government with certain powers that strengthen its position relative to the states, reflecting a degree of unitarism.
Body:
Features of the Indian Constitution that lean towards a strong Centre.
- Division of Powers:
- Under the Indian Constitution, powers are distributed between the Centre and the States through three lists: Union List, State List, and Concurrent List (Article 246).
- The Union List includes subjects of national importance (like defense, atomic energy, etc.), and the Centre has exclusive powers to make laws on these subjects.
- The State List includes subjects of local or regional importance, and the States can make laws on these subjects.
- The Concurrent List includes subjects where both the Centre and States can make laws.
- However, in case of a conflict between Central and State law on a subject in the Concurrent List, the Central law prevails (Article 254).
- Emergency Powers:
- The Centre has been given extensive powers during an emergency (Article 352, 356, 360).
- During a national emergency, the Centre can make laws on any subject listed in the State List.
- During President’s rule in a state, the executive power shifts to the Centre, and the Parliament assumes the legislative powers of that state.
- This provision has been criticized for its misuse, as seen in the imposition of President’s rule in states ruled by opposition parties.
- All-India Services:
- The Constitution provides for All-India Services like the IAS, IPS, etc. (Article 312).
- The members of these services are recruited and trained by the Centre but serve in the States.
- This creates a sense of uniformity and allows the Centre to maintain a degree of control over the state administration.
- Role of the Governor:
- The Governor, appointed by the President (i.e., the Central government), has certain discretionary powers, including the power to reserve certain bills for the President’s consideration.
- Critics argue that the role of the Governor often leans in favor of the Centre, undermining the federal structure.
- Financial Relations:
- The Centre has greater control over financial resources compared to the States (Articles 268-293).
- A large portion of the revenue sources fall under the Union List.
- While the Constitution provides for grants and distribution of revenue between the Centre and States, the bargaining power is often tilted towards the Centre.
- Parliament’s Power over State Territories:
- The Parliament can alter the boundaries of States or create a new State without the concerned State’s consent (Article 3).
While these features lean towards a strong Centre, it is also true that the Indian Constitution provides for cooperative federalism, encouraging the Centre and States to work together for national progress.
- The GST Council, an example of cooperative federalism, is a constitutional body that makes recommendations on GST rates, and includes representatives from the Centre and all States.
Conclusion:
The Constitution of India, while predominantly federal, does exhibit certain unitary features, primarily for the sake of maintaining national unity, integrity, and ensuring effective administrative and legislative functioning in a diverse and complex country like India. The challenge lies in balancing these dual requirements and preventing any misuse of the provisions that favor the Centre.
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