What are unitary features of the Indian Constitution?
Q. Which of the following unitary features of the Indian constitution?
1) Bicameralism.
2) Appointment of Governor.
3) Integrated judiciary.
4) Suspensive Veto Over State Bills.- Published on 23 Feb 17a. 2, 3, 4
b. 1, 4
c. 2, 3
d. All of the above
ANSWER: 2, 3
The unitary features of the Constitution of India are -
Strong Centre -
1. The division of powers is in favor of the Centre.
2. The more important and more number of subjects have been included in the Union List.
3. Centre has overriding authority over the Concurrent List.
4. Residuary powers are with the Centre
States Not Indestructible -
1. The Parliament can by unilateral action change the area, boundaries or name of any state by simple majority.
Single Constitution -
1. The Constitution of India has Constitution of the Centre as well as of the states.
2. Both the Centre and the states must operate within this single-frame.
3. The only exception in this regard is the case of Jammu and Kashmir which has its own (state) Constitution.
Flexibility of the Constitution -
1. The bulk of the Constitution can be amended by the unilateral action of the Parliament, either by simple or by special majority.
2. Further, the power to initiate an amendment to the Constitution lies only with the Centre.
No Equality of State Representation -
1. The states are given representation in the Rajya Sabha on the basis of population.
2. In US’s Upper House, each state has equal representation as a safeguard for smaller states.
Emergency Provisions -
1. During an emergency, the Central government becomes all powerful and the states go into the total control of the Centre.
2. It converts the federal structure into a unitary one without a formal amendment of the Constitution. This kind of transformation is not found in any other federation.
Single Citizenship -
1. Like that of Canada, India has single citizenship.
2. The other federal states like US, Switzerland and Australia have dual citizenship, that is, national citizenship as well as state citizenship.
Integrated Judiciary -
1. Single system of courts with the Supreme Court at the top and the state high courts below it enforces both the Central laws as well as the state laws.
All-India Services -
1. Centre and the states have their separate public services.
2. But, all-India services (IAS, IPS, and IFS) are common to both the Centre and states.
3. The members of these services are recruited and trained by the Centre which also have ultimate control over them.
4. Thus, these services violate the principle of federalism under the Constitution.
Integrated Audit Machinery -
1. The Comptroller and Auditor-General of India audits the accounts of Central and state governments.
2. But, President appoints and removes CAG without consulting the states.
Parliament’s Authority Over State List -
1. The Parliament is empowered to legislate on any subject of the State List if Rajya Sabha passes are solution to that effect in the national interest.
2. This means that the legislative competence of the Parliament can be extended without amending the Constitution.
3. Notably, this can be done when there is no emergency of any kind.
Governor Appointment -
1. The governor, who is the head of the state, is appointed by the President.
2. He holds office during the pleasure of the President. He also acts as an agent of the Centre.
3. Centre exercises control over the states through him.
Integrated Election Machinery -
1. The Election Commission conducts elections not only to the Central legislature but also to the state legislatures.
2. But, this body is constituted by the President and the states have no voice in it.
3. During removal of members too, the position is same.
Absolute Veto Over State Bills -
1. The governor can reserve certain types of bills passed by the state legislature for the consideration of the President.
2. The President can withhold his assent to such bills not only in the first instance but also in the second instance.
3. The President enjoys absolute veto over state bills.
4. But in US and Australia, there are no such provisions.
