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GS-2 Polity

India is a federal republic, distinguished by its "Union of States" framework, where power is shared between the central government and local levels.

Unlike a unitary system with a single central authority, India's governance model embodies federal principles. While the term "federation" is not explicitly used in the constitution, India's status as a federal republic is evident in its division of powers between the Union government and the states.

India operates under a federal system of governance, where power is shared between the central government and the states. This structure, enshrined in the Constitution, provides a framework for decentralised governance while ensuring national unity.

However, it's important to note that India's federal polity also incorporates significant unitary features. While federalism implies a distribution of powers between the central and state governments, unitary elements emphasise the dominance of the central government in certain aspects of governance.

Nature of the Indian Constitution

• Unique Diversity Consideration

• The framers of the Constitution recognized India's unparalleled diversity, particularly within federal frameworks.
• They understood that without a binding force, the diverse units might lead to administrative disintegration.

• Balancing Central and State Powers

• The Indian Constitution aimed to provide a check on the central government's power by granting states authority over their affairs.
• This balance was crucial to prevent any one entity from dominating the political landscape.

• Distinctive Blend of Features

• The Indian Constitution is unique as it combines elements of both unitary and federal systems.
• It is termed a "union of states" rather than a "federation," emphasizing its unique structure.

• Quasi-Federal Nature

• The ongoing debate on whether the Indian Constitution is federal or unitary highlights its quasi-federal nature.
• It is neither purely federal nor purely unitary, but a careful blend of the two.

• Promoting National Unity

• Unitary features in the Constitution are utilised to promote national unity and overall growth.
• Prioritising national interests over specific community interests reflects this balance.

• Division of Powers

• The federal government is divided into two levels, each with distinct powers and functions.
• This division aims to prevent and resolve conflicts of interest between the central and state governments.

• Crisis Management

• Provisions in the Constitution address potential crises, allowing for temporary conversion to a unitary mode if needed.
• This ensures a flexible framework to address unforeseen challenges.

Unitary or Non-Federal Features of the Indian Constitution

• Strong Centre

• Union List Dominance

1. The Union List includes more subjects than the State List, favoring the Centre.
2. Centre controls important subjects, with complete authority over the Concurrent List.

• Residuary Powers

1. Residuary powers retained by the Centre, unlike in the United States where states have them.

• States are not Indestructible

• Parliamentary Control

1. States have no right to territorial integrity.
2. Parliament can unilaterally change a state's area, boundaries, or name with a simple majority.

• Single Constitution

• Unified Constitution

1. States in India cannot write separate constitutions; the Indian Constitution encompasses all.
2. Both Centre and states operate within this single constitutional framework.

• Flexibility of the Constitution

• Amendment Process

1. The Constitution can be amended unilaterally by Parliament.
2. Only the Centre can initiate amendments, unlike in the United States where states can propose amendments.

• No Equality of State Representation in central government

• Rajya Sabha Representation

1. Representation in Rajya Sabha is based on population, ranging from 1 to 31 members.
2. Contrast with the U.S. Senate, where each state has equal representation.

• Emergency Provision

• Unitary Transition

1. During emergencies, the Centre gains extensive powers, converting the federal structure to a unitary one.
2. This is unique and not seen in other federations.

• Single Citizenship

• Single Citizenship System

1. India adopted a system of single citizenship akin to Canada.
2. All citizens have Indian citizenship; no separate state citizenship exists.

• Integrated Judiciary

• Unified Judicial System

1. Single judiciary enforcing both federal and state laws.
2. Contrast with the United States' dual court system.

• All-India Services

• Centralised Services

1. All-India services like IAS, IPS, and IFS are controlled by the Centre.
2. Centre recruits, trains, and has ultimate authority over these services.

• Integrated Audit Machinery

• Centralised Audit

1. Comptroller and Auditor-General of India audits both Central and state governments.
2. The President appoints without state consultation, limiting states' financial autonomy.

• Parliament’s Authority Over State List

• Parliament's Legislative Authority

1. Parliament can legislate on State List subjects if Rajya Sabha passes a resolution.
2. Expands legislative authority without formal constitutional amendments.

• Appointment of Governor

• Governor's Role

1. The Governor, appointed by the President, serves at the Centre's pleasure.
2. Acts as Centre's agent, influencing state affairs.

• Integrated Election Machinery

• Centralised Election Commission

1. The Election Commission conducts both Central and state elections.
2. The President appoints members without state input.

• Veto Over State Bills

• Governor's Veto

1. Governors can reserve certain state bills for the President's consideration.
2. The President has an absolute veto over state bills, unlike in other federations with suspensive vetoes.

Benefits of a Unitary System

• Promoting National Unity

• Preventing Fragmentation Unitary features play a vital role in preventing fragmentation and disintegration, ensuring national unity.
• Strong Central Governance A robust central government guarantees intervention when necessary to uphold national unity.

• Uniform Policy Implementation

• Consistent Regulations Matters such as national security, foreign affairs, and currency benefit from uniform policies under a unitary system.
• Centralised Control The unitary system allows the central government to establish and enforce consistent regulations nationwide.

• Efficient Governance

• Timely Responses In emergencies or disasters, a unitary system enables swift, coordinated responses without delays from state approvals.
• Effective Decision-making Centralised decision-making leads to efficient governance, especially in time-sensitive scenarios.

• Addressing National Challenges

• Unified Approach Challenges like terrorism, cyber threats, and pandemics require unified measures, facilitated by a unitary system.
• Comprehensive Solutions The unitary system empowers the central government to implement comprehensive strategies to tackle national issues.

• Economic Integration

• Facilitating Integration Policies concerning the economy, taxation, and trade benefit from uniform regulations.
• Reducing Barriers Uniformity fosters economic integration and diminishes trade barriers among states.

Challenges of a Unitary System

• State Autonomy Constraints

• Decision-making Limits States may perceive their autonomy as restricted, affecting their effectiveness in addressing local issues.
• Centralised Authority Unitary features can lead to perceived encroachments on state powers, impacting local governance.

• Diversity Concerns

• Regional Disparities India's diverse cultural landscape and regional needs may not be adequately addressed by uniform policies.
• Alienation Risks Regions might feel neglected or alienated if unitary policies do not consider their specific requirements.

• Political Tensions

• Use of President's Rule Utilisation of unitary features like Article 356 (President's Rule) can result in political tensions.
• Misuse Allegations Actions by the central government may be criticised as misuse of power to undermine state governments.

• Balancing Federal Principles

• Striking a Balance Achieving harmony between unitary and federal principles is essential but challenging.
• Conflict Resolution Overemphasis on unitary features can lead to conflicts between central and state governments regarding jurisdiction and authority.

• Accountability Concerns

• Local Accountability Reduction Concentration of power at the central level may reduce accountability to local communities.
• Distance from Decision-making Local responsiveness can be compromised as decision-making becomes more distant from affected regions.

Conclusion

India's constitutional framework presents a unique blend of unitary and federal features within its "Union of States" model. While unitary elements promote national unity, efficiency, and uniformity in governance, challenges arise in balancing state autonomy, addressing diverse needs, and maintaining accountability. The ongoing debate over its unitary or federal nature underscores its complex and distinctive approach to governance, aimed at managing a diverse nation while striving for cohesion and effective administration.