UNITARY FEATURES OF THE INDIAN

CONSTITUTION

HIDAYATULLAH NATIONAL LAW UNIVERSITY

FEDERALISM (HONOURS 1) PROJECT
ON
UNITARY FEATURES OF INDIAN CONSTITUTION
SUBMITTED TO
MRS. SHRADDHA RAJPUT
SHASHWAT DUBEY
SEMESTER VII
ROLL NO. 139
SUBMITTED ON 9TH OCTOBER 2015

UNITARY FEATURES OF THE INDIAN

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ACKNOWLEDGEMENT

I would like to sincerely thank the Federalism Teacher Mrs Shraddha Rajput for giving me
this project on the Unitary Features of the Indian Constitution which has widened my
knowledge on the features tending to provide a Unitary basis to the Indian Constitution. Her
guidance and support has been instrumental in the completion of this project .Thank you
Maam for your consistent support.
Id also like to thank all the authors, writers and columnists whose ideas and works have been
made use of in the completion of this project.
My sincere gratitude also goes out to the staff and administration (HNLU) for the
infrastructure in the form of our library and IT lab that was a source of great help in the
completion of this project.
I would also like to thank my friends who have lended me constant support through guidance
and inputs which has led to the completion of this project.

SHASHWAT DUBEY
SEMESTER VII

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CONTENTS
CHAPTER 1

INTRODUCTION................................................................(4-5)

OBJECTIVE OF STUDY.....................................................(6)

RESEARCH METHADOLOGY...........................................(6)
CHAPTER 2: DOCTRINE OF CONSTRUCTIVE NOTICE AND
BACKGROUND

BACKGROUND TO THE DOCTRINE OF CONSTRUCTIVE

.

NOTICE................................................................................(7-8)

THE DOCTRINE OF CONSTRUCTIVE NOTICE.............(9-11)

CHAPTER 3: EVOLUTION OF DOCTRINE OF CONSTRUCTIVE
NOTICE AND ITS RELATION WITH INDOOR MANAGEMENT

CRITICISM OF DOCTRINE OF CONSTRUCTIVE NOTICE:

.

EVOLUTION OF INDOOR MANAGEMENT..................(12-13)

RELATIONSHIP: DOCTRINE OF CONSTRUCTIVE

NOTICE & INDOOR MANAGEMENT............................(14-15)

CHAPTER 4: CONCLUSION

CONCLUSION.....................................................................(16)
BIBLIOGRAPHY AND WEB REFERENCES ............................(17)

UNITARY FEATURES OF THE INDIAN

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INTRODUCTION AND OBJECTIVES OF THE RESEARCH

Introduction
Federation is the existence of dual polity. Federalism is a principle of government which
defines the relationship between Central Government at the national level and its constituent
units at the regional, state or local levels. The principle of government allocates power and
authority between the national and local governmental units in a way that each unit is
delegated a sphere of power and authority, that only it can exercise, whereas the others have
to be shared.
Federalism has been part of the public discourse in India for many decades, before and after
independence in 1947, but it has gained greater importance since the 1990s when the
countrys national polity saw the advent of the coalition era.1
Prior to the formation of the Constituent Assembly, the Cabinet Mission Plan emphasized on
a Central Government with very limited powers to be confined to foreign affairs, defense and
Communication. In contrast, the Muslim League and the Indian National Congress did not
agree to this. Despite of this, the first report of the Constituent Assembly envisaged a weak
centre upon the encouragement of Cripps and Cabinet Mission Plans. It was the passing of
India Independence Act and the subsequent partition of India which made the Constituent
Assembly to take up a more unitary version of federalism. Mahatma Gandhi also favoured
the decentralized structure and preferred a panchayat/village based federation. On the other
hand, the then Prime Minister Jawaharlal Nehru and Dr BR Ambedkar were in favour of a
unitary system of governance while the Home Minister Sardar Vallabhai Patel also stood for
the idea of federalism.
All is well that ends well, and finally a healthy compromise was reached which resulted in a
balance of power between the Centre and the State, and India was thus described as Unity of

1 Surendra Singh and Satish Misra Federalism in India: Time for a Relook?
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States and this unity being indestructible. The structure prescribed for Union as well as State
governments with a single citizenship policy rather than dual citizenship.

OBJECTIVES OF RESEARCH:
Critically examining the Indian Constitution so as to examine the features affording it a Unitary
Character.

RESEARCH METHODOLOGY:
This project work is descriptive in approach and is based on the researches carried out to
study the Unitary Features incorporated in the Constitution of India.
Books & other references as guided by faculty Federalism have immensely helped in the
completion of the project.

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THE NATURE OF INDIAN CONSTITUTION
In India, there are two governments in existence, the Union Government and the State
Government. The two governments do not subordinate each other and rather cooperate with
each other while working independently. Though the Indian constitution has the traits of
being a federal constitution, but in its strict sense, it is not. 2The presence of features which are
necessary for existence of a federation is quite a unique aspect of Indian Constitution but on
the other side, there are provisions which give more power to the Union Government vis-vis that of State governments. Henceforth, the Indian Constitutional structure is a quasifederal structure and it was made like this in the 1935 Act.
This Act laid down the foundations of federal form of government in India. It provided for
the distribution of legislative powers between the Union and the provinces (the structure at
that time). These provisions were laid down for promoting harmony and resolving differences
between the provinces. The Act further maintained for a sense of cooperative relationships
amongst the provinces. Getting into nuances of this Act, Sections 131, 132 and 133 laid down
provisions for resolving the water related disputes. Basically, these provisions dealt with the
problems relating to inter Province Rivers and river valleys. On the other hand, Section 135
of the 1935 Act laid down provisions for the creation of councils to deal with the coordination
between the various provinces of the British India. The need for creating a cooperative
relation between the provinces was felt even before the independence. The Indian
Constitution has incorporated the principles in a detailed form which were actually laid down
under the 1935 Act.
A well designed, and more important, well-functioning system of federal governance, by
virtue of its manifold benefits, plays a key role in promoting the stability and prosperity of
nations as the heights attained in development by the leading federations of the world USA,
Canada, Australia and Switzerland demonstrate. On the other hand, unless carefully crafted,
federal systems do not endure as evidenced by the disintegration of many of the federal
formations that came into being in the last century, such as Soviet Russia, Yugoslavia,

2 http://www.halfmantr.com/display-polity/161-indian-federalism
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Czechoslovakia, Rhodesia, and Nyasaland (Watts, 1999).3 As earlier stated, the Indian
constitution though, claims to be decentralized and federal is somehow too centrist. The
Centre functions in a way which does not allow the States autonomy to function freely in a
completely decentralized way. Now, the question arises Was it intended to be made this
way? This could be highlighted as one of the reasons of Indias diminutive growth when
compared to China, where complete autonomy to provinces in running their economies has
resulted in much higher growth rates.

What makes the Indian federation quasi-federal?

No doubt, India has a political and constitutional structure where federal features are evident.
There is sharing of power between the Centre and the States but the Constitution provides
Central Government with supreme powers and concentrates administrative and financial
powers completely in its hands.4 Seems there was some deficiency which made the
constitutional framers to incorporate features which worked against the federal principle.
Reiterating some Central Governments powers, it has the power to reorganize the states
through parliament; Governors appointed by the Centre can withhold assent to legislation
passed by the state; Parliament can override the legislations passed by the states for the
reasons of national interest; Governors have a role in the formation of state governments and
the Centre is vested with the power to dismiss the state governments under Article 356;
residuary powers are vested with the Centre and the major taxation powers lie with the
Central authority. Fortunately, the reviewing power of judiciary of Centre-State relation exists
as that in federal structure. The bottom-line is that the Indian political system has federal
features which are circumscribed with a built-in unitary core.5

3 Amaresh Bagchi Fifty Years of Fiscal Federalism in India An Appraisal

4 Prakash Karat Federalism and the political system in India
5 Prakash Karat Federalism and the political system in India
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Former Chief Justice Beg, in State of Rajasthan v UOI, 1977 called the Constitution of India
as amphibian. He said that .If then our Constitution creates a Central Government which
is amphibian, in the sense that it can move either on the federal or on the unitary plane,
according to the needs of the situation and circumstances of a case.6
Similarly in S.R. Bommai v Union of India, pragmatic federalism was used. Quoting Justice
Ahmadi, .It would thus seem that the Indian Constitution has, in it, not only features of a
pragmatic federalism which, while distributing legislative powers and indicating the spheres
of governmental powers of State and Central Governments, is overlaid by strong unitary
features7
The phrase semi-federal8 was used for India in State of Haryana v. State of Punjab, whereas
in Shamsher Singh v. State of Punjab, the constitution was called more unitary than federal.9
Another case on this issue is that of State of West Bengal V. Union of India. This case dealt
with the issue of exercise of sovereign powers by the Indian states. The Supreme Court in this
case held that the Indian Constitution does not promote a principle of absolute
federalism. The court further outlined four characteristics highlighting the fact that the Indian
Constitution is not a traditional federal Constitution.10
First being that there is no provision of separate Constitutions for each State as required in a
federal state. The Constitution of India is the supreme document, which governs all the states.
Secondly, the Constitution can be altered only by the Union Parliament; whereas the States
have no power to alter it.
6 State of Rajasthan v Union of India (1977) 3 SCC 592
7 S R Bommai v Union of India AIR 1994 SC 191
8 State of Haryana v. State of Punjab 1981 SC 764
9 Shamsher Singh & Anr v. State Of Punjab 1974 AIR 2192
10 State of West Bengal v. Union of India 1963 AIR 1241
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Thirdly, in contradiction to a federal Constitution, the Indian Constitution renders supreme
power upon the Courts to invalidate any action which violates the Constitution.
Fourthly, the distribution of powers facilitates local governance by the states and national
policies by the Centre.
The Supreme Court further held that both the legislative and executive power of the States is
subject to the respective supreme powers of the Union meaning that Centre is the ultimate
authority for any issue. The political sovereignty is unevenly distributed between the Union
and the States with greater weightage in favour of the Union. Another reason which militates
against the theory of the supremacy of States is that there is no concept of dual citizenship in
India. The learned judges finally concluded that the structure of the India as provided by the
Constitution is centralized, with the States occupying a secondary position vis--vis the
Centre.
Conversely, Justice Subba Rao was of the view that under the scheme of the Indian
Constitution, sovereign powers are distributed between the Union and the States according to
their respective spheres. The legislative field of the union legislature is much wide ranging
than that of the State legislative assemblies; the laws passed by the Parliament should
therefore have an upper hand over the State laws in case of any conflict. In a few cases of
legislation where inter-State disputes are involved, sanction of the President is made
mandatory for the validity of those laws.
Further, every State has its judiciary with the State High Court at the apex. This particular
thing in his opinion of the learned judge does not affect the federal principle. He while
arguing this gave the parallel of Australia. In Australia, appeals against certain decisions of
the High Courts of the Commonwealth of Australia lie with the Privy Council. Thus the
Indian federation cannot be negated on this account. In financial matters, the Union has more
resources at its disposal as compared to the states. Thus, the Union being in charge of the
purse strings can always persuade the States to abide by its advice. The powers vested in the
union in case of national emergencies, internal disturbance or external aggression, financial
crisis, and failure of the Constitutional machinery of the State are all extraordinary powers in
the nature of safety valves to protect the countrys future. The power granted to the Union to

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alter the boundaries of the States is also an extraordinary power to meet future contingencies.
In their respective spheres, both executive and legislative, the States are supreme. In a
nutshell, Justice Subba Rao argued that the Union has a bigger role to play when compared to
states and therefore, the Union powers have to supersede the States.
This minority view provided by Justice Subba Rao in this case had consistency with the
federal scheme under the Indian Constitution. The Indian Constitution undoubtedly accepts
the federal concept and distributes the sovereign powers between the coordinate
Constitutional entities, namely, the Union and the States.

UNIQUE FEATURES OF THE INDIAN FEDERATION

India, like Canada, constitutes an asymmetrical federation in the sense that some states have
constitutionally guaranteed prerogatives setting them apart from the other states of the
federation. However, in the case of India, rather unlike Canada, the affording of special status
to a group or territorial entity never came easy.11 Article 370 expresses special provisions for
the state of Jammu and Kashmir with respect to rest of India as per itsinstrument of
accession. Also, there are special provisions for the states of Andhra Pradesh, Arunachal
Pradesh, Assam, Goa, Mizoram, Manipur, Nagaland and Sikkim as per their accession or
state-hood deals as laid down in Article 371A-I. Presidents rule is another important thing to
be listed here where the Central Government (through its appointed Governor) takes control
of the States administration for certain months when no party can form a government in the
state or in case there is violent disturbance in the state. Also, Article 3 articulates that the
Parliament can change the name, area or boundary of a State without the consent of the State
concerned. Thus the States in India do not enjoy the right to territorial Inviolability.
11 Patrick Hoenig Federalism and identity in India
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The Seventh Schedule of the Constitution indicates that distribution is one sided and is
heavily in the favor of Centre. Union list contains the largest number of most important
subjects. For example almost all the tax subjects are in the Union list (except the Sales Tax).
Another related provision is Article 248 which states that any subject that does not belong to
the Concurrent and State lists, belongs to the Residuary List and it belongs to Central
Government.
Article 312 talks about provides for the creation of All India Services (who can function both
as Central and State Services). The All India Services officers are recruited, trained and
appointed by the Centre but they largely function under the State Government. It is they who
largely control the administration of State. The State government cannot take disciplinary
action against officers, except transfer. Any other action take removal from service or
reduction in rank can only be controlled by the Central Government.
Article 356 lays down that during the President Rule, the Parliament is authorized to legislate
on one or more subjects of State list for the States concerned. The law thus made under the
President Rule continues to be in force.
Provisions regarding Emergency are again of utmost importance. Article 352 talks about
proclamation of National Emergency. It says that when the national security of India or any
part of its territory is threatened by war or external aggression or armed rebellion, the
President can declare National Emergency.12(44th Amendment Act) In case of national
emergency the distribution of power is suspended and constitution functions as if it is a
Unitary Constitution. Another Emergency provision is Article 360 and talks about Financial
Emergency of Centre over the country. When the Financial Emergency is in force, the
distribution of the financial resources between the Centre and State can be suspended by
Centre and all the financial resources can be used by Centre to meet the emergency situation.
Digressing a bit from the general federalism is the concept of Cooperative federalism, which
is another class of a federal structure. This concept originated in the Australian Constitution
as, there existed a felt need for a change from competitive to cooperative relationship in the
working of the federal constitution. This modern view of federation regards federation as a
12 http://www.halfmantr.com/display-polity/161-indian-federalism
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functional arrangement rather than mere division of powers between Centre and State.
Cooperative federalism suggests that the Centre and the States share a horizontal relationship
and not the one in which one is over & above the other. There are three factors through which
this trend is promoted, namely:
(1) The exigencies of war when for national survival, national efforts takes precedence over
fine points of Centre state division of powers;
(2) Technological advances means making of communication faster;
(3) The emergence of the concept of social welfare state in response to public demands for
various social services involving huge outlays which the governments of the units could not
meet by themselves out of their own resources.13
This concept helps the federal structure, with its divided jurisdiction to act in harmony. This
basically promotes cooperation by minimizing tension among the various constituent
governments of the federal union to pool their resources in order to achieve the desired
results. In India there are some constitutional mechanisms as also some extra constitutional
mechanisms to foster the spirit of Cooperative federalism. The constitution makers might
have deliberately provided for such features in the constitution in order to ensure the smooth
working of the government.

13 http://www.halfmantr.com/display-polity/161-indian-federalism
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FEDERAL FEATURES OF THE INDIAN CONSTITUTION

Anyhow, irrespective of India being quasi-federal in its functioning and the way it is
structured, it still incorporates some of the features which are essential for a federal
arrangement. To pen down some of these features;

Written Constitution
Any parliamentary constitution cannot be given the status of being a federal constitution
because a written demarcation of division of power is necessary for smooth functioning of the
Government. Providentially, India has a written constitution where the Central Government
some of its powers with the respective State Governments.

Supremacy of the Constitution

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This is another important point in the list of features which asserts that the constitution is
legally binding on both the Central and State Governments. No State or even the Centre can
change the provisions of the Constitution that are related to the power and status of the
government to enjoy.

Rigidity of the Constitution

At third in the list features the concept of rigidity which allows no flexibility for a federal
constitution. This is the substitute of outcome of Supremacy of Constitution. Supremacy of
Constitution brings the rigidity to it.

Division/Distribution of Powers
This is the last one to feature in this broad list of essential elements. Distribution of powers is
the fundamental and the most essential characteristics of the federation. The powers of State
are divided into federal as well as unit governments at national and local levels.
The Seventh Schedule in the India Constitution lays down 61 items which are attributed to
the State list upon which State Governments can make a law, whereas there is a Union list
containing 100 items upon which only Union Government can make a law. This makes clear
that there is a structure made to fit the federal essence but the powers are divided in such a
way that it ends up being a quasi-federal state. It is unfortunately practically difficult to
throw light upon each and every provision where distribution/division of powers is evident
and makes clear that India does not meet the federal requirements. Nevertheless, effort is
made to impress upon every such element.
Bringing in picture the US Constitution, where the working of government is divided into
two domains, namely the Federal and the State Governments. These governments are not
subordinate to each other but are co-ordinated and independent within the scopes allotted to
them.14 It is also argued that such a structure of independent co-ordinate authorities is what
forms the gist of federal principle and India, because of the absence of this feature does not
qualifies to be a federal state. The Indian Constitution per se is not a covenant, or a pact
14 http://sanamurtaza.blogspot.in/2011/08/cooperative-federalism.html
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between the States; rather the States are the products of the Constitution and ultimately of
Parliament. A renowned expert on federalism, Professor Ronald L Watts defends the Indian
approach claiming that In some cases, however, where territorial social diversity and
fragmentation is strong, it has been considered desirable, as in Canada and India initially, and
in Spain, to give the federal government sufficiently strong, and even overriding, powers to
resist possible tendencies to balkanization.
Federalism has always remained a work-in progress or as Iqbal Narain puts it constantly in
the making (Copland and Rickard, 1999). The federal structure needs to be altered and
mended perpetually to cope up with the changing environment and emerging challenges.
If I may conclude now, Federalism is one of those good echo words that evoke a positive
response toward many concepts as democracy, progress, constitution, etc. This form of
government tries to facilitate the sociopolitical cooperation between two sets of identities
through various structural mechanisms of shared rule. But due to obvious reasons, centerstate relations and the state autonomy have become the cardinal issues of the Indian
federalism. The union government appointed Sarkaria Commission in 1983 to examine and
review the working of the Indian Federalism, but this Commission didnt make any useful
recommendations for structuring the Indian federalism in a proper manner. The Union
government also took in a very easy approach some of the recommendations made by this
commission. This shows that even though our constitution is said to be federal, but this
overemphasis on the power of the federal government makes incapable of dealing effectively
with socioeconomic challenges and strengthening national unity. Hence, it is appropriate to
restructure Indian Federalism to make it more effective and promote the Centre- state
relationship.15
The Indian Constitution is a constitution sui generis. On one hand, the constitution contains
features which are of high importance for a federal arrangement, at the same time it contains
provisions which fight for a strong Centre, thus making it quasi-federal in nature. The fact to
be appreciated here is that these dual federalism provisions were deliberately incorporated to
best fit a polyglot country like India.
15 A debate on Indian Federalism Concept of Federalism
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UNITARY FEATURES OF THE INDIAN CONSTITUTION

It is indeed difficult to put the Indian Constitution in the category of federations, even though it
had all the main ingredients of a federation.
It is, in fact, a new contrivance designed to meet the special requirements of Indian society.
The framers of the Constitution have modified the true nature of Indian federalism by
incorporating certain non-federal features in the Constitution as well. This has lent support to the
contention that the Indian Constitution is federal in form but unitary in spirit.

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(i) Single Citizenship:
The Indian federation is a dual polity with a single citizenship for the whole of India. There is no
State citizenship. Every Indian has the same rights of citizenship, no matter in which State he
resides.

(ii) A Strong Centre:

The result of the distribution of powers between the federation and the units is that the State
Governments are governments of limited and enumerated powers. Though the Union
Government is also a government of limited and enumerated powers, it has, under certain
circumstances, power even over the State Governments and the residuary power over the whole
territory.

(iii) Single Constitution for Union and States:

Indian Constitution embodies not only the Constitution of the Union but also those of the States.
Furthermore, the States of the Indian Union have a uniform Constitution. The amending process
both for the Constitution of the Union and the States is also the same.

(iv) Centre Can Change Name and Boundaries of States:

In India, the Centre has a right to change the boundaries of the States and to carve out one State
out of the other. In fact, this has been done in India, not only once but several times. In the fifties,
Andhra Pradesh was carved out of Madras State.
Shortly thereafter, the States Reorganisation Commission was established and a chain of events
unfolded. There is perhaps no State whose boundaries have not been changed at one stage or
another. The right of the Centre to change the boundaries of the States is against the federal setup.

(v) Single Unified Judiciary:

In India, the Supreme Court and the High Courts form a single integrated judicial system. They
have jurisdiction over cases arising under the same laws, constitutional, civil and criminal. The

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civil and the criminal laws are codified and are applicable to the entire country. To ensure their
uniformity, they are placed in the Concurrent List.

(vi) Unitary in Emergencies:

The Indian Constitution is designed to work as a federal government in normal times, but as a
unitary government in times of emergency. Under the Constitution, the President of the Republic
has been given emergency powers. An emergency can arise both in the political and financial
fields.

(vii) Common All-India Services:

The Constitution has certain special provisions to ensure the uniformity of the administrative
system and to maintain minimum common administrative standards without impairing the federal
principle.
These include the creation of All-India Services, such as the Indian Administrative and Police
Services and placing the members of these services in key administrative positions in the States.

(viii) Inequality of Representation in the Council of States:

There is bicameralism in India but in the Council of States, States have not been given equal
representation. Here population system has been followed and bigger States have been given
greater representation than the smaller ones.

(ix) Appointment of Governor by President:

The Heads of the Statethe Governorare appointed by the President. They hold office during
his pleasure. This enables the Union Government to exercise control over the State
administration.

(x) Appointment of the High Court Judges by the President:

Appointments to the High Courts are made by the President, and the Judges of the High Courts
can be transferred by the President from one High Court to another.

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(xi) The Office of the Comptroller and Auditor-General:
The Comptroller and Auditor-General of India has an organisation managed by the officers of the
Indian Audit and Account Services, a central service, who are concerned not only with the
accounts and auditing of the Union Government but also those of the States.

(xii) Centralized Electoral Machinery:

The Election Commission, a body appointed by the President, is in charge of conducting elections
not only to Parliament and to other elective offices of the Union, but also to those of the State
Legislature.

(xiii) Flexible Constitution:

The Indian Constitution is not very rigid. Many parts of the Constitution can be easily amended.

(xiv) Special Powers of Council of State over State List:

The Parliament is also authorised by the Constitution to make laws on any subject mentioned in
the State List, if the Council of States passes a resolution by a two-thirds majority declaring a
particular subject or subjects to be of national importance.
Similarly, Parliament can pass laws on the items of State List, if it is deemed essential by the
Government of India to honour an international obligation. In short, in India the Centre can
encroach on the field reserved for the States as and when it feels necessary.

(xv) Control over State Laws:

Certain laws passed by the State Legislature cannot come into operation unless they have been
reserved for the approval of the President of India. Thus, all the laws concerning the acquisition
of property, all laws on Concurrent List which are contrary to the laws passed by the Parliament;
and the laws concerning the sales-tax on essential commodities, etc. need the approval of the
Central Government.

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Moreover, the Governor of a State reserves the right to reserve any Bill passed by the State
Legislature for the consideration of the President. The President may accord his approval to such
a bill or may withhold his assent.

(xvi) Financial Dependence of States:

In a federation, as far as possible, States should be financially self-sufficient so that these enjoy
maximum autonomy. But in India, the States depend on the Centre for all development. They
have much less sources of income but many more needs of expenditure. This financial
dependency has very much hindered the growth of States on federal lines.
The mode of formation of the Indian federation was quite different from that which led to the
formation of a federal union of the American type. In India it was not the case of a number of
sovereign and independent states entering into a voluntary agreement and setting up a federal
state for the administration of certain affairs of general concern, keeping back with themselves
the powers which they did not want to give to this new government.
The government of the country, till the India Act of 1935 was passed, was a centralised
government and the process that was adopted under the India Act of 1935 was that of creating
autonomous units and combining them into a federation by one and the same Act. The process
for the establishment of a federation in India, therefore, has to be described as one of movement
from the union to the units rather than from the units to the union.
The Act of 1935, however, cannot be described as having given to India a truly federal constitution. It has far too many restrictions imposed upon the provincial governments. When the British
left India in 1947, they withdrew these powers and transferred their sovereign rights to the people
of India to exercise them in accordance with a Constitution of their own choice.
If India has not been partitioned at the time it got its freedom, there would certainly have been far
fewer features of centralisation in the Indian Constitution than we find today. A partition of the
country, with the seceding part nurturing a grouse against it, and the uncertainties of the
international situation, the emergence of two Super Powers struggling for supremacy over each
other made it necessary for the Indian Constitution to make provisions for the centralization of
power.

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CONCLUSION
In this project, I have analysed the Doctrine of Constructive Notice and the rule laid down in
the Turquand case which gave rise to the Doctrine of indoor Management. The rule which
later came to be known as the doctrine of indoor management was carved out so as to prevent
the doctrine of constructive notice, used by companies to their advantage, from becoming an
impediment to trade and commerce as otherwise third parties would be seriously affected if
constructive notice was applicable in all cases.
The doctrine of indoor management seeks to protect the interest of the shareholders who are
in minority or who remains in dark about whether the working of the internal affairs of the
company are being carried out in accordance with the memorandum and articles. It lays down
that persons dealing with a company having satisfied themselves that the proposed
transaction is not in its nature inconsistent with the memorandum and articles, are not bound
to inquire the regularity of any internal proceeding.
However, the doctrine of indoor management cannot also be applied over-extensively. In
essence, a harmonious balance has to be maintained so as to promote business transactions
between the company and third parties. Thus the doctrine of indoor management cannot give
validity to a transaction where there is no authority; it can only apply as an exception to the
doctrine of constructive notice.
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Thus so as to prevent gross injustice to the third party which cannot be expected to have
knowledge of the internal affairs of the Company, the Doctrine of Indoor Management was
introduced.
It emerged as a criticism to the doctrine of Constructive Notice and has a close relationship with it as was
discussed in the project.

BIBLIOGRAPHY

MC bhandari, Guide to Company Law Procedures, 21st edition, Lexis Nexis

Publication, New Delhi, 2012.

Ashok K Bagnal, Company Law, 10th edition, Indian Publishing Company, 2013.

WEB REFERENCES

http://www.lawnotes.in/Doctrine_of_Indoor_Management
http://www.llphelpline.com/documents/Applicability-Doctrine-Indoor-

Management.pdf
http://www.lawteacher.net/business-law/essays/doctrine-of-constructive-notice-

business-law-essay.php
http://ravneetarora.blogspot.in/2013/08/doctrine-of-constructive-notice-and.html

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UNITARY FEATURES OF THE INDIAN

CONSTITUTION

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UNITARY FEATURES OF THE INDIAN

CONSTITUTION

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