What has been said about the Indian Constitution in the world, how is the Constitution of India? Indian Constitution is a federal and unitary constitution. Explain?

1) Written Constitution-The federal constitution is always written.  In the federal system of governance, state unions are included as units and conditions are set between them, that is, there are contractual relations between the union and the states.  It is possible for such relationships to remain intact when they are written down and their rights and duties are clear.  All this is possible only through a written constitution.

  (2) Division of powers :-

 The main element of the federal constitution is-

  Division of powers between central and provincial governments.  According to Harrier, under the federal constitution, there is a division of powers between the Union and the units and this division is done at such a pace that both are completely independent in their respective fields and at the same time are cooperative with each other.  That under each other.  This division is done by the Constitution.  This element is present in the Constitution of India.  In India, powers have been divided between the Central Government and the State Governments.  Both are supreme in their respective fields and also supportive of each other.

Generally the division of powers is divided into three lists-

  (i) Union List,

 (ii) State List,

 (iii) Has been included in the concurrent list.

  (3) Supremacy of the Constitution- In the federal system of governance, the Constitution is considered the supreme law of the country.  Pro.  Hnier also has the same opinion.  His belief is that for the federal government it is not only necessary for the Constitution to be written but it is also necessary for it to have supremacy.  All organs of the government – ​​executive, legislature and judiciary are created from the Constitution and derive their authority from it.  Their boundaries and limitations are also determined by the Constitution.  All institutions work under and under the control of the Constitution.  All laws made contrary to the provisions of the Constitution are illegal.

      The Indian Constitution is also a supreme law in itself.  There is neither any law nor any power above this.  To maintain its primacy, arrangements have been made for an independent and impartial judiciary.

(4) Irreversibility -

  Being the supreme law of the country, it is necessary for the Constitution to be immutable i.e. inflexible.  An inflexible constitution means a constitution which cannot be amended easily, that is, the process of its amendment is difficult and complex.  But this does not mean that it can never be amended, rather it means that it can be amended only when it is necessary to do so according to time and circumstances.

    The Constitution of India also meets this criterion.  The process of its constitution is not so simple that it can be amended whenever one wants.  On the other hand, it is not so rigid that it cannot be amended.  In this direction, our Constitution makers have worked with great wisdom and prudence and have adopted the middle path of the amendment process.

 (5) Existence of independent judiciary - In the federal system of government, since the constitution is supreme and there is division of powers between the center and the states.  Therefore, there is a need for such an independent and impartial body which can protect the supremacy of the Constitution and can impartially resolve any dispute that arises between the Center and the states.  Only an independent and impartial judiciary can do this work.  This is the reason why the judiciary is called the vigilant sentinel of the Constitution and democracy.

In India too, the judiciary has been constituted as an independent and impartial body.  At its apex is the Supreme Court which finally interprets the provisions of the Constitution.

     It is its duty to maintain the basic structure of the Constitution.  Thus, the Indian Constitution contains all those elements which are considered essential for a federal constitution.  But despite all this, it is not considered a federal constitution.  Pro.  While Hnier considers it a semi-federal constitution, Jennings considers it a mixture of centralization and unitary constitution.

 Elements of Unitary Constitution in Indian Constitution

  Although the Constitution of India is federal, certain provisions have been made in it which give it the form of a unitary constitution.  Because of these provisions it is called a semi-federal constitution.  These unitary elements present in the Indian Constitution are mainly the following-

 (i) Single Citizenship- Single citizenship has been provided in the Indian Constitution.  All the citizens here are Indian citizens.  Separate citizenship of states is not recognized here.  In this way, all the citizens and residents of India are fundamentally dedicated to the Centre.  Article 5 of the Constitution makes necessary arrangements in this regard.

ii) Appointment of Governor- A Governor is appointed in every state as its constitutional head.  The Governor is appointed by the President and he is answerable only to the President.  He is not answerable to the state legislature.  Any bill passed by the State Legislature cannot take the form of law unless it receives the assent of the Governor.  Thus, this provision of the Constitution is going to attack the autonomy of the state.

 (iii) Power of Parliament to make laws on the subject of the State List – In India, powers have been divided between the Center and the States.  For this, the subjects related to law making have been classified into three lists-

  (1) Union List;

 (ii) State List;

 (iii) Concurrent List.

 Parliament has been given the exclusive power to make laws on subjects included in the Union List;  Whereas the work of law-making on the subjects of the State List has been entrusted to the State Legislatures.  But under Article 209, it has been provisioned that if the Rajya Sabha approves any subject of national interest with 2/3 majority, the Parliament can make a law on such subject in the State List.  Along with this, it is also noteworthy that if there is a contradiction between the laws made by the Center and the State on the same subject, the law made by the Center remains complete.  In this way, this system is also going to make the center more powerful.

 (iv) Emergency system- The federal nature of the Constitution of India is mainly attacked because of its emergency system.  Under Article 352 of the Constitution, the President has been given the important power to declare emergency in the country.  He can do this in the following circumstances.

(i) When there is fear of external attack or internal insecurity in the country;  Or

   (ii) When the Government of the State cannot be carried on in accordance with the provisions of the Constitution;  Or

 (iii) When the country or any part of it suffers from financial crisis.

     In these circumstances, the administration and legislative work of the entire country comes into the hands of the Parliament and the states have to run their administration as per the instructions of the Centre.  Parliament can make laws on any subject in the State List.  Thus, during emergency, the Constitution of the country takes a unitary form.

  (v) Power to create new states

  Under Article 3 of the Constitution, Parliament has been given important powers in relation to the following:

  (i) Creation of a new state;

 (ii) increase or decrease in the extent of any State;

 (ii) alteration of the boundary of a State;

 (iv) change in the name of a State;  Etcetera.

    From this it is clear that the very existence of the states depends on the will of the Centre.

(vi) All India Services-

 Some critics also consider the Indian Constitution to be of a unitary nature due to the All India Services.  Members of All India Services are working at top positions in the states.  Their appointment and selection has been done by the Union Public Service Commission.  Collector, Superintendent of Police etc. I.A.  S., I.P.S.  etc. are members of All India Services, whose loyalty is more towards the Center than the State.

 Therefore, our Constitution is a unique mixed constitution of federal and unitary elements.  In this, along with the states, the national interest has also been kept in mind.  The truth is that national interest has been given paramountcy in it, and that is why it is considered a federal constitution with a unitary constitution.