Question

According to Dr Ambedkar, “Constitution can be both unitary as well as federal according to the requirements of time and circumstances. In normal times, it (the Constitution) is framed to work as a federal system. But in times of war, it is so designed as to make it work as though it were a unitary system.” In this context, answer the following questions:

1. List any three federal features of government in India.
2. List any two conditions when the Parliament can make laws on Subjects in the State List.
3. Write short notes on any two unitary features of the government in India.

Answer 1

1. Three Federal Features of Government in India:
   1. Dual Polity: The system establishes two distinct levels of government, the Central Government and the State Governments, each with its own sphere of operations.
   2. Written and Rigid Constitution: The Constitution is the supreme source of power, and its core federal provisions cannot be unilaterally altered by the Central Government alone.
   3. Division of Powers: Power is clearly divided between the Centre and the States through three separate lists (Union, State, and Concurrent) in the Seventh Schedule.
2. Two Conditions When Parliament Can Legislate on the State List:
   1. During a National Emergency: Under Article 250, Parliament automatically acquires the power to make laws on any State List subject while a Proclamation of Emergency is in operation.
   2. In the National Interest (Rajya Sabha Resolution): Under Article 249, if the Rajya Sabha passes a resolution by a two-thirds majority declaring a state subject to be of national importance, Parliament can legislate on it.
3. Unitary Features of the Government in India:
   1. Single Constitution: Unlike traditional federations (such as the USA), where states have their own constitutions, Indian states do not have separate constitutions and must strictly follow the single, unified Constitution of India.
   2. Appointment of the Governor: The Governor, who serves as the executive head of a State, is appointed directly by the President of India (the Central Executive) and holds office at their pleasure, acting as an agent of the Centre.