Question

Briefly explain the following salient feature of the Constitution of India:

Federal in Structure and Unitary in spirit

Answer 1

The Indian Constitution creates a federal structure by distributing powers between the Centre and the States through the Union, State, and Concurrent Lists given in the Seventh Schedule. It also ensures federalism by providing for a bicameral legislature, an independent judiciary, and clearly written provisions safeguarding the autonomy of the States.

However, the Constitution has a unitary bias because of its strong centralising features:

1. During a national emergency, the Centre is empowered to assume control over the functions of the States.
2. The Governor, appointed by the President, serves as a connecting link between the Centre and the States.
3. Article 1 describes India as a “Union of States,” highlighting its permanent and indissoluble unity. As a result, the States have no right to secede from the Union.
4. Therefore, although the Constitution is federal in structure, it provides for a powerful Centre, giving it a unitary character in spirit.