The Indian Constitution is a federal document that provides for a strong central government with limited powers to the states. The Constitution also contains a number of unitary features that give the central government greater power than it would have under a purely federal system.
One of the most important unitary features of the Indian Constitution is the power of the central government to declare an emergency. Under Article 352 of the Constitution, the President can declare a state of emergency if he or she is satisfied that a grave emergency exists whereby the security of India or any part of the territory thereof is threatened, whether by war or external aggression or armed rebellion. During a state of emergency, the central government can assume control of the state governments and suspend all fundamental rights.
Another important unitary feature of the Indian Constitution is the power of the central government to legislate on matters in the concurrent list. The concurrent list is a list of subjects that are both within the jurisdiction of the central government and the state governments. The central government can legislate on any matter in the concurrent list even if a state government has already passed a law on that subject.
The central government also has the power to make laws on any matter that is not included in the list of subjects that are reserved for the states. This power is known as the residuary power. The residuary power gives the central government the flexibility to legislate on any matter that is not specifically mentioned in the Constitution.
The Indian Constitution also contains a number of provisions that give the central government greater control over the states than would be the case under a purely federal system. For example, the central government has the power to appoint the governors of the states, to dissolve the state legislatures, and to assume control of the state governments in certain circumstances.
The unitary features of the Indian Constitution have been controversial since the time of independence. Some people argue that these features give the central government too much power and that they undermine the autonomy of the states. Others argue that these features are necessary to maintain national unity and to ensure that the central government can effectively respond to crises.
The unitary features of the Indian Constitution have been used by the central government to take control of the states on a number of occasions. For example, in 1975, the central government declared a state of emergency and assumed control of all the state governments. The central government also used its power to legislate on matters in the concurrent list to pass laws that were unpopular with the states, such as the National Rural Employment Guarantee Act.
The unitary features of the Indian Constitution have been challenged in court on a number of occasions. In 2007, the Supreme Court ruled that the central government’s power to declare a state of emergency was subject to judicial review. The Court also ruled that the central government could not use its power to legislate on matters in the concurrent list to pass laws that were inconsistent with the fundamental rights guaranteed by the Constitution.
The unitary features of the Indian Constitution are likely to continue to be debated and challenged in the future. The central government is likely to continue to use these features to take control of the states when it deems it necessary. However, the courts are likely to continue to play a role in ensuring that the central government does not abuse its power.
Frequently Asked Questions
- What are the unitary features of the Indian Constitution?
The unitary features of the Indian Constitution are the power of the central government to declare an emergency, the power of the central government to legislate on matters in the concurrent list, and the power of the central government to make laws on any matter that is not included in the list of subjects that are reserved for the states.
- Why are the unitary features of the Indian Constitution controversial?
Some people argue that these features give the central government too much power and that they undermine the autonomy of the states. Others argue that these features are necessary to maintain national unity and to ensure that the central government can effectively respond to crises.
- How have the unitary features of the Indian Constitution been used by the central government?
The central government has used its power to declare an emergency to take control of the states on a number of occasions. The central government has also used its power to legislate on matters in the concurrent list to pass laws that were unpopular with the states.
- How have the unitary features of the Indian Constitution been challenged in court?
The unitary features of the Indian Constitution have been challenged in court on a number of occasions. In 2007, the Supreme Court ruled that the central government’s power to declare a state of emergency was subject to judicial review. The Court also ruled that the central government could not use its power to legislate on matters in the concurrent list to pass laws that were inconsistent with the fundamental rights guaranteed by the Constitution.
- What is the likely future of the unitary features of the Indian Constitution?
The unitary features of the Indian Constitution are likely to continue to be debated and