Module 1 Class 3

CONSTITUTION
WBCS
Module 1/Class 3
Federal & Unitary Features of Indian
Constitution / Union & Its Territory
By – Dept. Of Political Science
Federal Features of Indian Constitution
1. Division of Powers
It is an essential feature of the federal constitution and division of
power is done by the Constitution itself. The Constitution clearly
demarcates and defines the power of the Union and the States. Both
governments are independent in their rights, powers, and
jurisdiction. e.g. In the Indian constitution subjects of national
importance like defence, foreign affairs, currency, etc. fall under the
domain of the center while subjects of local importance like land,
water, and agriculture fall under the domain of the States.
2. Supremacy of the Constitution

The Constitution is the main source of all the powers of the
Executive, legislative, and judiciary. All the institutions function
under the control of the Constitution, they derived their
existence from the Constitution. Supremacy is necessary for the
smooth working of the federal government according to K.C.
Wheare.
3. Written Constitution
The federal constitution must be specific and documented.
Without a written constitution it is never possible to easily
demarcate the division of powers between the Centre and the
State. Also, it would be impossible to maintain the supremacy of
the Constitution without a written constitution. The establishment
of federal polity is quite complex and therefore clarity must be in
their constitution.
4. Rigid Constitution
The rigidity of the Constitution renders amending the Constitution
easy, as the written Constitution is rigid. It cannot be easily
amended, and this is to maintain the supremacy of the
Constitution. e.g. Amendments can be made by special majority,
or special majority plus ratification of the state.
.
5. Supremacy of Judiciary
In federal states, it is natural that disputes may arise between the
centre and the states regarding the interpretation of the
Constitution. In this condition, it’s necessary to have an institution
or authority which can properly interpret the Constitution and
adjudicate the dispute. The role of the judiciary thus assumes
importance and the interpretation of the Constitution by the
judiciary is binding on all the authorities.
6. Bi-Cameral Legislature
India has a Bi-cameral legislature and it is an essential feature
of federalism. In India bicameral legislature i.e. two houses in
the Parliament of India i.e. Upper House (Rajya Sabha) and
the lower house ( Lok Sabha). For any amendment, the bill
should be passed from both houses for enforcement of such
amendments in law. Few states in India have also a bicameral
legislature - Andhra Pradesh, Bihar, Karnataka, Maharashtra,
Telangana, and Uttar Pradesh each have two houses Vidhan
Parishad as the Upper House and Vidhan Sabha as the lower
house. While the remaining states are unicameral legislatures.
Unitary Features of Indian Constitution
1. Single Constitution
India possesses only one Constitution that caters to the needs of
administration both in the Centre and States. Like the United
States the individual States possess their own Constitution in
addition to the national Constitution.
2. Single Citizenship
There is only one citizenship, exists in India, i.e. national
citizenship. In the United States the citizens are endowed with
both national and State citizenships.
3. Flexibility of Constitution
Indian Constitution is partially flexible. Some of the provisions of
the Constitution can be carried out by a simple majority in the
Parliament.
4. Imbalanced Distribution of Powers
The Union Government is endowed with comparatively greater powers both in
terms of quantity and quality. Most of the lucrative sources of revenue have
been allotted to the Union Government and the States have been rendered
financially weaker and forever dependent on Central Government. The Union
List has more subjects than the State List and in the Concurrent List
ultimately the union power over the States will prevail. The residuary powers
are given to the Union Government and not granted to the States as in federal
countries like the United States.
5. Integrated Judiciary
India establishes a single, integrated and hierarchical judiciary.
The Supreme Court is the apex judicial institution and the High
Courts and the Subordinate Courts function under its
supervision and power. In contrast, the classical federalism is
following the United States.
6. Unified Auditing
India follows a unified auditing system for both the central and
State governments. The Comptroller and Auditor-General as
mentioned in article 148 of the Constitution controls the entire
financial system of the country.
❑ Comments on Indian Federation
1. K.C.Wheare – “The Constitution of India is quasi federal in nature and
not strictly federal”.
2. D.D.Basu – “The Constitution of India is neither purely federal nor
unitary but it is a combination of both.”
3. Dr. B.R.Ambedkar – “Our Constitution would be both unitary as well
as federal according to the requirements of time and circumstances.”
4. Granville Austin – “Indian Federalism is a Cooperative Federalism.”
5. From interpretation – “India is federal in form but unitary in spirit.”
Union and Its Territory
❑ According to Article 1 the territory of India can be classified

into three categories :
1. Territories of the states
2. Union Territories
3. Territories that may be acquired by the Government of India at
any time.
❑ Article 2 empowers the ❑ Article 3 authorizes the
Parliament to ‘admit into Parliament to –
the Union of India or to a) Form a new state by separation
establish new states on such of territory from any state or
terms and conditions as it by uniting two or more states
thinks fit.’ etc.
✓ Notably Article 2 relates to the Admission
b) Increase the area of any state
or Establishment of new states that are not c) Diminish the area of an state
part of the Union of India. Article 3 on the
d) Alter the boundaries of any
other hand, relates to the formation of or
changes in the existing states of the Union state
of India that is an internal adjustment. e) Alter the name of any state
Article 3 lays down two conditions in this regard:
1. A bill contemplating the above changes can be introduced in
the Parliament only with the prior recommendation of the
President.
2. Before recommending the bill the President has to refer the
same to the state legislature concerned for expressing its views
within a specified period.
➢ Further the power of Parliament to form new states includes the power
to form a new state or union territory by uniting a part of any state or
union territory to any other state or union territory (added by 18th
amendment act, 1966).
➢ The President or the Parliament is not bound by the views of the state
legislature and may either accept or reject them even if the views are
received in time. In case of A Union Territory no reference need be
made to concerned legislature to ascertain its views.
Article-4:
It says that any law referred to in Article-2 or Article-3 will contain
such provisions for the amendment of the Ist Schedule and the
IVth Schedule necessary to provide effects to the provisions of law
and may also contain such supplemental, incidental, and
consequential provisions, as the Parliament may deem necessary.
This Article allows for consequential changes in the Ist Schedule

i.e. names of the States in the Union of India and IVth Schedule
i.e. a number of seats allotted in the Rajya Sabha for each state.
Constitution will not treat any such law altering existing States or
creating a new State, as the amendment.
Thank You
See you next day

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CONSTITUTION

2. Supremacy of the Constitution

❑ According to Article 1 the territory of India can be classified

This Article allows for consequential changes in the Ist Schedule

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