Analyze the scheme of federal features in the Indian Constitution.

Indian Constitution possesses several federal features

Written Constitution 

  • Federalism requires a written Constitution. 
  • There are many governments in any federal system and for their smooth and friction-free functioning their powers must be stated in crystal clear terms. 
  • The powers and functions of the States must be clearly defined. 

Supremacy of the Constitution 

  • The Constitution must be the supreme legal document in the country. 
  • All governments must follow the terms and conditions, and procedures contained in the Constitution. 
  • No government can claim powers above the Constitution.

Distribution of Powers 

  • The distribution of powers between centres and States is the cardinal principle of any federal system. 
  • Indian Constitution distributes powers between the two levels of government in a comprehensive scheme. 
  • There are three lists of power distribution unlike in the classical federalism of the American Constitution where there is only a single mode of distribution. 

Bicameralism 

  • The federal Constitutions provide for bicameralism. 
  • It refers to parliament having two houses. 
  • Indian Parliament is bicameral as it consists of two houses. 
  • The upper house is called RajyaSabha or Council of States while the lower house is known as LokSabha or House of the People. 
  • The Council of States is the guardian of States’ rights and it consists of the representatives of the States. 
  • All over the world, the upper house is deemed to be the protector of States’ rights and interests. 

Rigidity of Constitution 

  • A Constitution will be called a rigid Constitution if its provisions can be amended only through a special process of Constitutional amendment or through a separate amendment body and not through an ordinary legislative process. 
  • Federal Constitutions do not permit Constitutional changes through ordinary legislative processes. 
  • They prescribe a tougher, rigid process of an amendment like the greater majority.
  • The rationale behind this rigidity is the desire to protect States’ rights. 
  • Article 368 in Part XX of the Indian Constitution provides a separate amendment procedure for amending Constitutional provisions and therefore our Constitution is rigid and to some extent protects the States. 

Supreme Court 

  • Indian Supreme Court acts as the umpire of the federal system and protector of the Constitution. 
  • It possesses the powers of interpretation and adjudication. 
  • If any disagreement or contradiction arises between the Central and State Governments the Supreme Court resolves them. 
  • The Constitution endows the Supreme Court with Original Jurisdiction. 
  • It means that the Supreme Court alone possesses the exclusive powers to resolve any federal dispute between Union Government and State governments or among State governments. 
  • If a problem arises between Tamil Nadu and Union Government or between Tamil Nadu and any other State only Supreme Court has the power to resolve it.

Leave a Comment

Your email address will not be published. Required fields are marked *

error: Content is protected !!