There is a colossal contrast of sentiment with regards to the idea of the Indian Constitution. Some legal scholar like Kenneth C Wheare, said that India is semi federal for example “as a federal framework” since it has a few highlights of federal and a portion of the unitary Constitution. Notwithstanding, as indicated by the creators of the Constitution, it is federal in nature. Indeed, even Dr B. R. Ambedkar characterized it as a federal Constitution, in spite of the fact that the middle has certain forces to abrogate the territories.
Whether or not the Indian Constitution could be really called a federal Constitution couldn’t be replied without investigating the significance of federalism and the basic highlights that are apparent in a federal state.
SALIENT FEATURES OF INDIAN CONSTITUTION
The Indian constitution is one of a kind in its substance and soul. The striking highlights of the constitution are as per the following:-
- Lengthiest Constitution
- Written Constitution
- Rigid and Flexible
- Federal with Unitary Features
- Unitary Citizenship
- Emergency Provisions
- Parliamentary form of Government
- Independent Judiciary
NATURE OF INDIAN CONSTITUTION
The Constitution is of two sorts:-
- Unitary: In a Unitary Constitutions the forces of the Government are unified in one Government v.z. the States or Provinces are Subordinates to the Center.
- Federal: In Federal Constitution, there is a division of powers between the federal and the State Government and both are autonomous in their own circles. The American Constitution is generally viewed to act as an illustration of the Federal Constitution.
The idea of the Indian Constitution can be perceived as all things considered:
- Federal with unitary highlights
- Unitary with federal highlights
WHAT IS A FEDERAL CONSTITUTION?
- Written Constitution: A federal Constitution must be written. Since the federal idea of the Constitution includes a lot of agreements subsequently it would be illogical not to have these composed. Also to keep up the incomparability of the Constitution it is basic to have a composed Constitution. The United Kingdom doesn’t have a composed Constitution and subsequently, it isn’t viewed as a federal nation. The States in a federal framework met up and go into a deal and the conditions of the settlement are needed to be recorded as a hard copy as a composed Constitution.
- Dual Government: In the event of the federal constitution, there is an arrangement of double government one at focus and another at state.
- The matchless quality of Constitutions: For a federal Constitution there should be incomparability of the Constitution. At the hour of the activity of intensity by three organs of the Govt. for example authoritative, leader and Judiciary, all capacities are Subordinated and Controlled by the Constitution.
- Appropriation of Powers: Federalism implies the circulation of forces of the State among a Number of Co-ordinate bodies each beginning in and constrained by the Constitution
- Rigid Constitution: Rigidity is one of the basic of a federal Constitution. It exceptionally depends on the Process of alteration. The Constitution should be inflexible and perpetual. An awful arrangement of the archive can’t be said to a federal Constitution. The strategy for the change ought to be unbending, something else, the essential standards of the Constitution would be under danger. Be that as it may, the unbending nature of the Constitution ought not to be mistaken for firmness. The Constitution is a natural report and should be adaptable enough to oblige as indicated by the evolving times.
- Autonomous Judiciary: There should be a free legal executive having an expert on different organs. In a federal Constitution, the courts (legal executive) has the last capacity to decipher the Constitution. At last, it should state that the legal executive is the Guardian of the Constitution. The legal executive has the last position to decipher the Constitution. The reasoning for this arrangement is that lone an autonomous court which is approved to determine questions between the Center and the States could unbiasedly resolve all the debates between the Center and the State government. As respects to India, the Supreme Court is that federal council which has such powers and competency. The Supreme Court is approved, to exercise such power, by the method of Article 131 of the Indian Constitution.
We can hereafter observe that the Judiciary in India had deciphered the Constitution to pronounce India a unitary country. This perspective on the zenith court has of late gone through a change. The Court has perceived the way that the composers of the Indian Constitution expected to furnish a federal structure with a solid centre, which would keep the country from deterioration.