What are Unitary elements in Indian Constitution. - MAINS QUESTION - DAILY CURRENT AFFAIR QUESTIONS AND ANSWERS

Monday, September 14, 2020

What are Unitary elements in Indian Constitution.

Elements of the federal system are found in the Indian constitution, but there is also no shortage of unitary elements. Therefore, many times political scholars also say that the Indian Constitution is indeed unitary and federal in nature. Trends are also found in the constitution.

Unitary feature in the Indian constitution

(1) Single citizenship - Dual citizenship is often found in federal constitutions. There, a person is a citizen of the Union as well as a citizen of the state in which he lives, but in India, citizenship is only related to the Union and the states have no citizenship of their own.

(2) Partition of powers in favor of the Center - The division of powers in our constitution is done in such a way that the center has been given more powers than the states. 97 subjects are given in the Union list, which is national
Are of importance. Only Parliament has the right to make laws on this list. There are 62 subjects in the state list, which are important for the state, on which the state legislature makes laws, but in some cases, the Parliament can make laws on the subjects of the state list. There are 52 topics in the concurrent list. Both Parliament and State Legislatures can make laws on these subjects, but only the law of the Center will be valid in case of a dispute. Waste powers have also been given to the center. So the central government has more powers and authority than the states.

(3) The same constitution for the Union and the States- Often the constitution of states in the Union system is different from the Union, but in India, the Union and the States have the same Constitution. Also, the process of the central government and state governments is also one.

(4) Unified justice system- In the Union system, dual justice is necessary for the enforcement of the laws of the Union and the States. The Indian system has been integrated into the Indian Union in place of managing the dual system of justice like the US. Courts are formed as a pyramid after the Supreme Court.

(5) The Indian Constitution takes a unitary form in a crisis - Under normal circumstances, the Indian Constitution functions on a federal basis, but the state's autonomy loses when the President declares a state of emergency - Articles 352, 356, and 360 of the Constitution It describes the emergency powers that the union gets. In times of emergency, the federal system assumes a unitary form.

(6) Weak financial condition of the states - States have been made dependent on the central government in financial terms by the constitution, many grant loans etc. are given by the Center to the states, so that the center exercises its influence over the states, without economic self-reliance. The autonomy remains nominal.

(7) Acceptance of the President on Bills passed by the State Legislatures - Although every Bill passed by the State Legislatures becomes law with the approval of the Governor, but the Legislative Assembly makes any law that affects the powers of the High Courts. It is mandatory to stop that bill for approval of the President by the Governor. Apart from this, some other bills are also governed
May withhold for acceptance of the President by discretion.

(8) According to Article 263 of the Inter-State and Regional Council, the President can establish the Inter-State Council for examining the mutual dispute of states, collecting information on the subjects of the state list, formulating general policy. It is headed by the Union Home Minister.

(9) Uneven representation of states in the Rajya Sabha - It is a characteristic of the Union State that the united states are given equal representation in the Upper House of the Central Administration. Example: The United States of America has fifty states and each state has the right to send members to the Senate. There is no such system in India, where states are represented in Rajya Sabha on the basis of their population.

(10) Parliament has the right to reorganize the states - The Central Government does not have the power to change the boundaries of the united states in the Union of America or Australia without their consent, but in India, according to Article 3 of the Constitution, Parliament has the right to-

(i) Separate a state from a state or merge two or more states to form a new state.
(ii) increase the limit of a state.
(iii) Change the state boundaries and their names.

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