What are federal features of the Indian Constitution?
Q. Which of the following federal features of the Indian constitution?
1) Rigid constitution
2) Appointment of Governor
3) Integrated judiciary
4) Bicameral legislature- Published on 23 Feb 17a. 1, 2, 3
b. 1, 4
c. 2, 3
d. All of the above
ANSWER: 1, 4
The federal features of the Constitution of India are -
Dual Polity -
1. The Constitution establishes dual polity i.e., the Union and the states.
2. Each has sovereign powers to be exercised in the field assigned to them respectively, by the Constitution.
Written Constitution -
1. The Constitution is a written document and also the lengthiest Constitution of the world.
2. Originally, it contained a Preamble, 395 Articles (divided into 22 Parts) and 8 Schedules.
3. At present, it consists of a Preamble, about 465 Articles (divided into 25 Parts) and 12 Schedules.
4. It specifies the structure, organization, powers and functions of both the Central and state governments and prescribes the limits within which they must operate.
Division of Powers -
1. The Constitution divided the powers between the Centre and the states in Union List, the State List and the Concurrent List.
2. Both the Centre and the states can make laws on the subjects of the concurrent list, but in case of a conflict, the Central law prevails.
3. The residuary subjects are given to the Centre.
Supremacy of the Constitution -
1. The Constitution is the supreme (or the highest) law of the land.
2. The laws enacted by the Centre and the states not conforming to its provisions can be declared invalid by the Supreme Court or the high courts through their power of judicial review.
3. Organs of the government at both the levels must operate within the jurisdiction prescribed by the Constitution.
Rigid Constitution -
1. The Constitution is rigid as those provisions which are concerned with the federal structure (i.e., Centre-State relations and judicial organization) can be amended only by the joint action of the Central and state governments.
2. Such amendments need a special majority of the Parliament and also an approval of half of the state legislatures.
Independent Judiciary -
1. It is to protect the supremacy of the Constitution by exercising the power of judicial review; and to settle the disputes between the Centre and the states or between the states.
2. The Constitution contains various measures like security of tenure to judges, fixed service conditions, etc. to make the judiciary independent of the government.
Bicameralism -
1. The Constitution has a bicameral legislature consisting of an Upper House (Rajya Sabha)and a Lower House (Lok Sabha).
2. The Rajya Sabha represents the states of Indian Federation, while the Lok Sabha represents the people of India as a whole.
3. The Rajya Sabha (even though a less powerful chamber) is required to maintain the federal equilibrium by protecting the interests of the states.
