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What are the federal features of the Indian Constitution? Explain.
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What are the federal features of the Indian Constitution? Explain. Rel...
1. Written Constitution:
The Indian Constitution is a written document containing 395 Articles and 12 schedules, and therefore, fulfils this basic requirement of a federal government. In fact, the Indian Constitution is the most elaborate Constitution of the world.
2. Supremacy of the Constitution:
India’s Constitution is also supreme and not the hand-made of either the Centre or of the States. If for any reason any organ of the State dares to violate any provision of the Constitution, the courts of laws are there to ensure that dignity of the Constitution is upheld at all costs.
3. Rigid Constitution:
The Indian Constitution is largely a rigid Constitution. All the provisions of the Constitution concerning Union-State relations can be amended only by the joint actions of the State Legislatures and the Union Parliament. Such provisions can be amended only if the amendment is passed by a two-thirds majority of the members present and voting in the Parliament (which must also constitute the absolute majority of the total membership) and ratified by at least one-half of the States.
4. Division of Powers:
In a federation, there should be clear division of powers so that the units and the centre are required to enact and legislate within their sphere of activity and none violates its limits and tries to encroach upon the functions of others. This requisite is evident in the Indian Constitution.
The Seventh Schedule contains three Legislative Lists which enumerate subjects of administration, viz., Union, State and Concurrent Legislative Lists. The Union List consisted of 97 subjects, the more important of which are defence, foreign affairs, railways, posts and telegraphs, currency, etc.
The State List consisted of 66 subjects, including, inter-alia public order, police, administration of justice, public health, education, agriculture etc. The Concurrent List embraced 47 subjects including criminal law, marriage, divorce, bankruptcy, trade unions, electricity, economic and social planning, etc.
The Union Government enjoys exclusive power to legislate on the subjects mentioned in the Union List. The State Governments have full authority to legislate on the subjects of the State List under normal circumstances. And both the Centre and the State can’t legislate on the subjects mentioned in the Concurrent List, The residuary powers have been vested in the Central Government.
5. Independent Judiciary:
In India, the Constitution has provided for a Supreme Court and every effort has been made to see that the judiciary in India is independent and supreme. The Supreme Court of India can declare a law as unconstitutional or ultra Vires, if it contravenes any provisions of the Constitution. In order to ensure the impartiality of the judiciary, our judges are not removable by the Executive and their salaries cannot be curtailed by Parliament.
6. Bicameral Legislature:
A bicameral system is considered essential in a federation because it is in the Upper House alone that the units can be given equal representation. The Constitution of India also provides for a bicameral Legislature at the Centre consisting of Lok Sabha and Rajya Sabha.
While the Lok Sabha consists of the elected representatives of people, the Rajya Sabha mainly consists of representatives elected by the State Legislative Assemblies. However, all the States have not been given equal representation in the Rajya Sabha.
7. Dual Government Polity:
In a federal State, there are two governments—the national or federal government and the government of each component unit. But in a unitary State there is only one government, namely the national government. So, India, as a federal system, has a Central and State Government.
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What are the federal features of the Indian Constitution? Explain. Rel...
The Indian Constitution incorporates several federal features, which are aimed at ensuring a distribution of powers between the central government and the state governments. These federal features are as follows:

1. Written Constitution:
The Indian Constitution is a written document that clearly defines the powers and functions of the central and state governments. It provides a solid framework for the functioning of the federal system.

2. Division of Powers:
The Constitution clearly demarcates the powers and responsibilities of the central and state governments. The Union List consists of subjects on which only the central government can make laws, the State List contains subjects on which only the state governments can make laws, and the Concurrent List includes subjects on which both the central and state governments can legislate.

3. Supremacy of the Constitution:
The Indian Constitution is the supreme law of the land, and both the central and state governments are bound by its provisions. Any law or action that violates the Constitution can be declared null and void by the judiciary.

4. Bicameral Legislature:
India has a bicameral legislature at the central level, consisting of the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The Rajya Sabha represents the states, providing them with a platform to participate in the legislative process.

5. Independent Judiciary:
The Indian judiciary acts as an impartial arbiter in resolving disputes between the central and state governments. It ensures that neither level of government exceeds its constitutional powers and functions.

6. Dual Polity:
India has a dual polity with separate governments at the central and state levels. Each level of government has its own executive, legislature, and judiciary. This arrangement helps in the distribution and exercise of powers.

7. Residuary Powers:
Unlike many federal systems, the Indian Constitution grants residuary powers to the central government. This means that any matter not mentioned in the Union, State, or Concurrent Lists falls under the purview of the central government.

8. Integrated Judiciary:
Although India has separate judicial systems at the central and state levels, there is an integrated judicial structure. The Supreme Court of India acts as the guardian of the Constitution and has the power to interpret the Constitution and settle disputes between the central and state governments.

These federal features of the Indian Constitution aim to maintain a balanced distribution of powers between the central and state governments, ensuring the smooth functioning of the federal system in India.
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