Definition of Constitution

A Constitution is the fundamental law or set of principles that

outlines the organization, powers, and functions of a government and
guarantees the rights and freedoms of individuals. It serves as the
supreme legal authority in a state and acts as a framework for
governance. Constitutions can be written, like in the United States, or
unwritten, as in the United Kingdom, where it is based on statutes,
judicial decisions, and conventions.
Characteristics of a Constitution
1. Supremacy: The Constitution is the highest law of the land.
Any law inconsistent with it is void.
2. Organization of Power: It delineates the distribution of powers
among different organs of government (legislature, executive,
judiciary).
3. Protection of Rights: Constitutions safeguard the fundamental
rights and freedoms of citizens.
4. Amendment Process: They often provide a process for their
own amendment.

Case Laws Explaining Constitution

1. Marbury v. Madison (1803) - United States
o Principle Established: Judicial Review.
o This case emphasized the supremacy of the Constitution
and empowered courts to strike down laws inconsistent
with it.
o Chief Justice John Marshall stated: “The Constitution is
the supreme law of the land, and it is the duty of the
judiciary to interpret and uphold it.”
2. Kesavananda Bharati v. State of Kerala (1973) - India
 o Principle Established: Basic Structure Doctrine.
o The Indian Supreme Court ruled that the Constitution's
fundamental features, such as democracy and rule of law,
cannot be altered even through amendments.
o The Court held: “Parliament has the power to amend the
Constitution, but it cannot destroy its basic structure.”
3. A.V. Dicey’s Definition - United Kingdom
o A.V. Dicey, in explaining the British Constitution,
emphasized two principles:
 Parliamentary Sovereignty: Parliament is the
supreme legal authority.
 Rule of Law: No one is above the law, and everyone
is subject to it.
o Example: In R (Miller) v. Secretary of State for Exiting
the European Union (2017), the UK Supreme Court held
that Parliament must legislate for Brexit, reinforcing the
supremacy of constitutional principles.
4. McCulloch v. Maryland (1819) - United States
o Principle Established: Implied Powers.
o The case established that the Constitution allows the
federal government to exercise implied powers to achieve
its purposes, reinforcing the adaptability of constitutional
principles.

Examples of Constitution in Practice

1. Written Constitution:
o The U.S. Constitution, adopted in 1787, is a codified
document outlining federal and state powers, citizen rights,
and the amendment process.
 o Example: The Bill of Rights (first 10 amendments)
guarantees freedoms like speech, religion, and assembly.
2. Unwritten Constitution:
o The UK Constitution consists of statutes (e.g., the Magna
Carta 1215, the Human Rights Act 1998), common law,
and conventions.
o Example: The Prime Minister's role is based on
convention, not codified in law.
3. Rigid Constitution:
o The Indian Constitution is considered rigid as it requires a
special majority for amendments affecting federalism or
fundamental rights.
4. Flexible Constitution:
o The UK Constitution is flexible as it can be amended by
ordinary legislation.
Constitutionalism and Its Classification
Constitutionalism in India refers to the principle that the
government's authority is derived from the Constitution and is limited
by it. It ensures that the government operates within the framework of
laws and respects the fundamental rights of citizens. The Indian
Constitution, as the supreme law of the land, embodies the principles
of constitutionalism by establishing a democratic, secular, and federal
system with a strong emphasis on the rule of law and individual
freedoms.

Features of Constitutionalism in India

1. Supremacy of the Constitution:
o Article 13 declares that any law inconsistent with the
Constitution is void.
o Example: Keshavananda Bharati v. State of Kerala (1973)
upheld the supremacy of the Constitution through the
Basic Structure Doctrine.
2. Rule of Law:
o Ensures that no one is above the law, including the
government.
o Example: Maneka Gandhi v. Union of India (1978)
reinforced the principle of due process under Article 21
(Right to Life and Personal Liberty).
3. Separation of Powers:
o The Constitution divides powers among the Legislature,
Executive, and Judiciary.
o Example: Indira Nehru Gandhi v. Raj Narain (1975)
reiterated the importance of maintaining the balance
between these branches.
 4. Fundamental Rights:
o Part III (Articles 12–35) guarantees rights such as equality,
freedom, and protection from discrimination.
o Example: Minerva Mills Ltd. v. Union of India (1980)
emphasized the inviolability of fundamental rights as part
of the basic structure.
5. Judicial Review:
o The Judiciary ensures that laws and executive actions
conform to the Constitution.
o Example: L. Chandra Kumar v. Union of India (1997)
upheld judicial review as an integral feature of
constitutionalism.
6. Democratic Accountability:
o The Constitution provides mechanisms for holding the
government accountable through elections, judicial
remedies, and parliamentary oversight.

Classification of Constitutionalism in India

1. Liberal Constitutionalism
 Advocates limited government and individual rights.
 Relevant Provisions:
o Fundamental Rights (Part III): Articles 14 (Right to
Equality), 19 (Freedom of Speech), 21 (Right to Life and
Personal Liberty).
o Independent Judiciary: Articles 124–147.
 Case Law:
 o Maneka Gandhi v. Union of India (1978): Expanded the
scope of Article 21 by interpreting "personal liberty" to
include the right to travel abroad.
o I.R. Coelho v. State of Tamil Nadu (2007): Asserted that
even laws under the Ninth Schedule are subject to judicial
review if they violate fundamental rights.
2. Authoritarian Constitutionalism
 Power is centralized, often leading to the erosion of rights
during emergencies.
 Relevant Provisions:
o Article 352 (National Emergency): Allows suspension of
rights during emergencies.
o Article 356 (President’s Rule): Centralizes power by
dismissing state governments.
 Case Law:
o ADM Jabalpur v. Shivkant Shukla (1976): During the
Emergency, the Supreme Court upheld the suspension of
fundamental rights, leading to criticism for undermining
constitutionalism.
o Post-Emergency, the 44th Amendment (1978) restricted
emergency powers, strengthening constitutionalism.
3. Transformative Constitutionalism
 Uses the Constitution to promote social justice and address
historical inequalities.
 Relevant Provisions:
o Directive Principles of State Policy (Part IV): Articles 38
(social justice), 39 (equal pay for equal work).
o Reservations for marginalized groups: Articles 15(4),
16(4), 330–342.
  Case Law:
o Indra Sawhney v. Union of India (1992): Upheld
reservations for Other Backward Classes under Article
16(4).
o Navtej Singh Johar v. Union of India (2018):
Decriminalized homosexuality, advancing equality under
Article 14.
4. Rigid Constitutionalism
 Features that require special procedures for amendment.
 Relevant Provisions:
o Article 368: Requires a special majority for constitutional
amendments.
 Case Law:
o Kesavananda Bharati v. State of Kerala (1973):
Established that the basic structure of the Constitution
cannot be amended, ensuring rigidity in core principles.
5. Flexible Constitutionalism
 Certain provisions are easily amendable or adaptable.
 Relevant Provisions:
o Ordinary laws can amend provisions outside the
Constitution’s basic structure.
 Case Law:
o S.R. Bommai v. Union of India (1994): Interpreted the
flexibility of Article 356 to safeguard federalism while
ensuring constitutional adaptability.

Examples of Constitutionalism in Practice in India

1. Supreme Court as a Guardian:
 o Judicial review ensures that all actions conform to
constitutional principles.
o Example: The NJAC Case (Supreme Court Advocates-on-
Record Association v. Union of India, 2015) struck down
the NJAC Act as violative of judicial independence.
2. Safeguarding Democracy:
o Free and fair elections monitored by the Election
Commission of India (Article 324).
o Example: Striking down of corrupt practices in Indira
Gandhi v. Raj Narain (1975).
3. Social Justice:
o Affirmative action policies like reservations in education
and employment under Articles 15 and 16.
o Example: M. Nagaraj v. Union of India (2006) ensured
that reservations do not dilute the principle of equality.
4. Balancing Federalism:
o Distribution of powers under the Seventh Schedule.
o Example: The GST framework, introduced by the 101st
Amendment, showcases cooperative federalism.
Sources and Framing of the Indian Constitution
The Indian Constitution, adopted on 26th November 1949 and
enacted on 26th January 1950, is the supreme law of India. It draws
inspiration from various global sources while being uniquely tailored
to address India’s socio-political and economic diversity. The framing
of the Constitution was a deliberate and inclusive process that
involved extensive deliberations by the Constituent Assembly.

Sources of the Indian Constitution

The Indian Constitution is a blend of diverse constitutional principles,
drawing from various nations' frameworks to create a robust and
comprehensive document. Below are the sources:
1. Government of India Act, 1935
 Provisions Borrowed:
o Federal structure with a strong center.
o Office of the Governor.
o Emergency provisions.
 Significance: This Act served as the basic blueprint for India’s
federal governance.
2. British Constitution
 Provisions Borrowed:
o Parliamentary form of government.
o Rule of Law.
o Legislative procedures.
o Single citizenship.
o Cabinet system.
  Significance: Established the democratic structure and
supremacy of the Parliament.
3. United States Constitution
 Provisions Borrowed:
o Fundamental Rights (Part III).
o Independence of the judiciary.
o Judicial review.
o Impeachment of the President.
o Removal of Supreme Court and High Court judges.
 Significance: Focused on individual liberty and checks and
balances.
4. Irish Constitution
 Provisions Borrowed:
o Directive Principles of State Policy (Part IV).
 Significance: Introduced socio-economic objectives for
governance.
5. Canadian Constitution
 Provisions Borrowed:
o Federation with a strong center.
o Residuary powers vested in the central government.
 Significance: Strengthened the unitary bias in Indian federalism.
6. Australian Constitution
 Provisions Borrowed:
o Concurrent List (Schedule VII).
o Freedom of trade, commerce, and intercourse.
 Significance: Enhanced cooperative federalism.
7. Weimar Constitution of Germany
 Provisions Borrowed:
o Suspension of Fundamental Rights during emergencies.
 Significance: Emergency provisions in Articles 352, 356, and
360.
8. South African Constitution
 Provisions Borrowed:
o Procedure for amendment of the Constitution.
o Election of members to the Rajya Sabha.
 Significance: Ensured a dynamic and adaptable constitutional
framework.
9. Soviet Constitution (USSR)
 Provisions Borrowed:
o Fundamental duties (Part IV-A).
o Ideals of justice: social, economic, and political
(Preamble).
 Significance: Promoted the concept of collective responsibility.

Framing of the Indian Constitution

The framing of the Indian Constitution was a monumental task
undertaken by the Constituent Assembly, which was established
under the Cabinet Mission Plan (1946).
1. Composition of the Constituent Assembly
 Total Members: Initially, 389 members (reduced to 299 after
Partition).
 Members represented:
o Provinces: 292.
 o Princely States: 93.
o Chief Commissioner’s Provinces: 4.
 Elections: Members were indirectly elected by Provincial
Assemblies.
 Leadership:
o Dr. Rajendra Prasad: President of the Assembly.
o B.R. Ambedkar: Chairman of the Drafting Committee.
2. Timeline of the Constitution’s Framing
 First Meeting: 9th December 1946.
 Adoption of Objectives Resolution: 13th December 1946
(moved by Jawaharlal Nehru, later became the Preamble).
 Partition: 15th August 1947, reducing the Assembly’s size.
 Final Adoption: 26th November 1949.
 Enactment: 26th January 1950 (chosen as Republic Day to
honor the 1930 Declaration of Purna Swaraj).
3. Committees of the Constituent Assembly
To streamline its work, the Assembly constituted various committees:
 Drafting Committee (Chairman: Dr. B.R. Ambedkar): Prepared
the final draft.
 Union Powers Committee (Chairman: Jawaharlal Nehru):
Dealt with the distribution of powers.
 Fundamental Rights Committee (Chairman: Sardar
Vallabhbhai Patel): Drafted the framework for Fundamental
Rights.
 States Committee (Chairman: Jawaharlal Nehru): Handled
relations between the Union and States.
4. Influential Figures in the Framing Process
  Dr. B.R. Ambedkar: Known as the “Father of the Indian
Constitution,” he ensured the inclusion of provisions for
equality and justice.
 Jawaharlal Nehru: Focused on democratic ideals and
economic planning.
 Sardar Vallabhbhai Patel: Advocated for a strong central
authority.
5. Guiding Principles
 Democracy: Parliamentary system ensuring representation.
 Secularism: Equal respect for all religions.
 Social Justice: Provisions for the upliftment of marginalized
communities.
 Federalism: A strong center with autonomous states.

Salient Features of the Indian Constitution

 Lengthiest Constitution in the world with 448 Articles (as of
2023).
 Blend of rigidity and flexibility (Article 368).
 Parliamentary democracy with a federal structure.
 Comprehensive Fundamental Rights and Directive Principles of
State Policy.
 Independent judiciary with provisions for judicial review.

Significance of the Indian Constitution

The Indian Constitution stands as a testament to democratic ideals and
is a living document that evolves through amendments and judicial
interpretations. It embodies the aspirations of a diverse nation while
borrowing the best practices from global constitutional frameworks.
By carefully balancing federalism, individual liberty, and social
justice, the framers ensured a sustainable governance model adaptable
to India’s dynamic needs.
Source Borrowed Features/Provisions Significance

- Federal structure with a strong

Government of center Served as the blueprint for India’s
India Act, 1935 - Office of the Governor federal governance.
- Emergency provisions

- Parliamentary form of
government
- Rule of Law Established democratic structure
British Constitution
- Legislative procedures and supremacy of Parliament.
- Single citizenship
- Cabinet system

- Fundamental Rights (Part III)

- Independence of the judiciary Focused on liberty, judicial
United States
- Judicial review independence, and checks and
Constitution
- Impeachment process balances.
- Removal of judges

- Directive Principles of State Introduced socio-economic goals

Irish Constitution
Policy (Part IV) for governance.

- Federation with a strong center

Canadian Strengthened the unitary bias in
- Residuary powers vested in the
Constitution federalism.
center

- Concurrent List (Schedule VII)

Australian
- Freedom of trade, commerce, and Enhanced cooperative federalism.
Constitution
intercourse

Weimar
- Suspension of Fundamental Provided emergency provisions
Constitution of
Rights during emergencies under Articles 352, 356, and 360.
Germany

- Procedure for amendment of the

South African Constitution Ensured a dynamic and adaptable
Constitution - Election of members to the Rajya constitutional framework.
Sabha

- Fundamental duties (Part IV-A)

Soviet Constitution Promoted collective responsibility
- Ideals of justice: social, economic,
(USSR) and the concept of social justice.
and political (Preamble)

Preamble of the Indian Constitution

The Preamble of the Indian Constitution serves as the introduction
and summary of the Constitution. It reflects the philosophy, ideals,
and aspirations of the people of India and lays down the foundation
for the governance of the nation.

Text of the Preamble

"WE, THE PEOPLE OF INDIA, having solemnly resolved to
constitute India into a SOVEREIGN, SOCIALIST, SECULAR,
DEMOCRATIC, REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political; LIBERTY of thought,
expression, belief, faith and worship; EQUALITY of status and of
opportunity; and to promote among them all; FRATERNITY assuring
the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of
November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO
OURSELVES THIS CONSTITUTION."

Elements of the Preamble

1. Nature of the Indian State
o Sovereign: India is independent, free from external
control, and can take its own decisions.
o Socialist: Reflects social and economic equality, aiming to
reduce the gap between the rich and the poor.
o Secular: India has no state religion and treats all religions
equally.
o Democratic: Power rests with the people, and governance
is through elected representatives.
o Republic: India has an elected head of state (the
President), not a hereditary monarch.
 2. Objectives of the Constitution
o Justice: Ensures fairness in social, economic, and political
spheres.
o Liberty: Guarantees freedom of thought, expression,
belief, faith, and worship.
o Equality: Promotes equal status and opportunities for all
citizens.
o Fraternity: Promotes a spirit of brotherhood, ensuring the
dignity of the individual and national unity.
3. People-Centric Approach
o The phrase "We, the people of India" emphasizes that the
Constitution derives its authority from the citizens of
India.

Relevance of the Preamble

1. Guiding Light for Interpretation
o The Preamble acts as the guiding principle for interpreting
the provisions of the Constitution.
o Case Law: Berubari Union Case (1960): The Supreme
Court ruled that the Preamble is not an enforceable part of
the Constitution.
2. Foundation of Constitutional Values
o It reflects the foundational values and philosophy of the
Indian state, ensuring governance aligns with these ideals.
3. Vision for the Nation
o It encapsulates the vision of justice, liberty, equality, and
fraternity, setting the tone for a harmonious society.
4. Amendability
 o The Preamble can be amended, but its basic structure
cannot be altered.
o Case Law: Kesavananda Bharati v. State of Kerala
(1973): The Supreme Court ruled that the Preamble is part
of the Constitution and can be amended under Article 368,
provided the basic structure remains intact.
5. Socio-Political Relevance
o Sovereign: Reflects India’s stance in global diplomacy and
independence in policymaking.
o Secular: Essential in maintaining harmony in a diverse,
multi-religious society.
o Socialist: Critical in addressing poverty, inequality, and
economic justice.

Case Laws Highlighting Preamble’s Relevance

1. Kesavananda Bharati v. State of Kerala (1973):
o Established the "Basic Structure Doctrine."
o Recognized the Preamble as an integral part of the
Constitution.
2. Minerva Mills Ltd. v. Union of India (1980):
o Reinforced the harmony between Fundamental Rights and
Directive Principles of State Policy, aligning with
Preamble ideals.
3. Union of India v. LIC of India (1995):
o Stated that the Preamble is the soul of the Constitution and
reflects its aims and objectives.
Salient Features of the Indian Constitution
The Indian Constitution is a unique document that balances various
ideologies and principles, accommodating the country’s diversity
while ensuring its unity. Below are its salient features:

1. Lengthiest Written Constitution

 Details:
o It originally had 395 Articles, 22 Parts, and 8 Schedules
(now expanded to 470 Articles, 25 Parts, and 12
Schedules).
o It covers every aspect of governance, including
fundamental rights, directive principles, the judiciary, and
emergency provisions.
 Reason: India's diversity and complexity, along with the need to
incorporate provisions for both federal and unitary governance,
made it lengthy.
 Significance: Provides a comprehensive framework for
governance.

2. Blend of Rigidity and Flexibility

 Details:
o Some provisions can be amended by a simple majority
(e.g., changing the names of states).
o Others require a special majority or ratification by at least
half the states (e.g., amending federal provisions under
Article 368).
 Example:
o Flexible: Amendment to the Citizenship Act.
 o Rigid: Basic Structure Doctrine upheld in Kesavananda
Bharati v. State of Kerala (1973).
 Significance: Ensures adaptability while safeguarding the core
principles.

3. Parliamentary System of Government

 Details:
o Borrowed from the British system.
o The President is the nominal head (de jure), while the
Prime Minister is the real executive (de facto).
o Accountability of the executive to the legislature.
 Example: The Council of Ministers works under the collective
responsibility principle (Article 75).
 Significance: Ensures a balance of power and promotes
democracy.

4. Federal Structure with a Strong Centre

 Details:
o India is a federal state with a strong unitary bias.
o Distribution of powers between the Union and States is
listed in the Seventh Schedule (Union, State, and
Concurrent Lists).
o During emergencies, the structure becomes unitary.
 Case Law: S.R. Bommai v. Union of India (1994) upheld the
federal principles.
 Significance: Accommodates diversity while maintaining
national integrity.
5. Fundamental Rights (Part III)
 Details:
o Enshrined in Articles 12-35, these are justiciable rights that
protect individual liberty.
o Includes rights like Equality (Article 14), Freedom (Article
19), and Protection of Life (Article 21).
 Case Law: Maneka Gandhi v. Union of India (1978) expanded
the scope of Article 21.
 Significance: Safeguards individual freedoms and acts as a
check on state power.

6. Directive Principles of State Policy (Part IV)

 Details:
o Non-justiciable guidelines aimed at establishing social and
economic democracy (Articles 36-51).
o Includes principles like equal pay for equal work (Article
39) and raising the standard of living (Article 47).
 Significance: Provides a blueprint for socio-economic
development and governance.

7. Secular State
 Details:
o India has no state religion.
o The state treats all religions equally and ensures freedom
of religion (Articles 25-28).
  Case Law: S.R. Bommai v. Union of India (1994) reaffirmed
secularism as part of the Constitution’s basic structure.
 Significance: Ensures religious harmony and protects
minorities.

8. Universal Adult Suffrage

 Details:
o Article 326 provides for elections based on universal adult
suffrage.
o Every citizen aged 18 or above has the right to vote,
irrespective of caste, religion, or gender.
 Significance: Promotes inclusivity and democratic participation.

9. Independent Judiciary
 Details:
o The judiciary is independent and ensures the rule of law.
o Judicial review empowers courts to invalidate laws
inconsistent with the Constitution.
 Case Law: L. Chandra Kumar v. Union of India (1997)
reaffirmed judicial review.
 Significance: Acts as the guardian of the Constitution.

10. Single Citizenship

 Details:
o Unlike federal systems like the USA, India provides single
citizenship for all.
 Significance: Promotes national unity and integration.
11. Emergency Provisions
 Details:
o Articles 352, 356, and 360 provide for National, State, and
Financial Emergencies, respectively.
o During emergencies, the federal structure may shift to a
unitary form.
 Case Law: Abuse of Article 356 was checked in S.R. Bommai v.
Union of India (1994).
 Significance: Allows flexibility in governance during crises.

12. Fundamental Duties (Part IV-A)

 Details:
o Introduced by the 42nd Amendment (1976) under Article
51A.
o Includes duties like promoting harmony, protecting the
environment, and respecting the Constitution.
 Significance: Encourages citizens to contribute to the nation’s
progress.

13. Special Provisions for Minorities and Vulnerable Groups

 Details:
o Reservation policies for Scheduled Castes, Scheduled
Tribes, and Other Backward Classes (Articles 15, 16).
o Safeguards for linguistic and religious minorities (Articles
29-30).
 Significance: Promotes inclusivity and social justice.
14. World’s Largest Democracy
 Details:
o The Constitution facilitates governance for over 1.4 billion
people, ensuring participatory democracy through periodic
elections.
 Significance: Demonstrates the robustness and adaptability of
the Indian Constitution.

15. Blend of Global Principles

 Details:
o Inspired by constitutions worldwide (e.g., Parliamentary
system from Britain, Fundamental Rights from the USA).
 Significance: Combines best practices from around the world to
suit India’s needs.
Is the Indian Constitution Federal in Nature?
The Indian Constitution exhibits both federal and unitary features.
While it is broadly considered a federal Constitution due to its
division of powers between the Union and the States, it has several
unitary traits that make it unique and distinct from classical federal
systems like the United States.

Federal Features of the Indian Constitution

1. Division of Powers:
o The Constitution divides legislative, administrative, and
financial powers between the Union and the States.
o This division is detailed in the Seventh Schedule, which
includes:
 Union List: Subjects exclusively for the central
government (e.g., defense, foreign affairs).
 State List: Subjects under state jurisdiction (e.g.,
police, public health).
 Concurrent List: Subjects where both Union and
States can legislate (e.g., education, criminal law).
2. Written and Supreme Constitution:
o The Constitution is a written document, and its provisions
are binding on both the Union and States.
o It is the supreme law of the land, and any law inconsistent
with it can be struck down by the judiciary.
3. Independent Judiciary:
o The judiciary acts as the guardian of the Constitution and
has the power of judicial review to resolve disputes
between the Union and States.
 o Case Law: Keshavananda Bharati v. State of Kerala
(1973) upheld the principle of federalism as part of the
Constitution’s basic structure.
4. Bicameral Legislature:
o The Rajya Sabha (Council of States) represents the
interests of the States in the Union Parliament.
5. Dual Government System:
o India has two levels of government: the Union government
and the State governments, each functioning within its
jurisdiction.
6. Rigid Procedure for Amendment:
o Certain provisions, particularly those related to the federal
structure, require ratification by at least half the State
legislatures in addition to a special majority in Parliament
(Article 368).

Unitary Features of the Indian Constitution

1. Strong Center:
o The Union government has overriding authority in certain
areas:
 Residuary powers (Article 248) are vested in the
Union Parliament.
 The Union List contains more subjects than the State
List, reflecting a central bias.
2. Emergency Provisions:
o During emergencies (Articles 352, 356, and 360), the
Union can assume greater powers:
 State governments can be dissolved, and Parliament
can legislate on State subjects.
  This shifts the system to a unitary structure.
3. Single Constitution:
o Unlike classical federal systems where each state may
have its own constitution (e.g., the USA), India has a
single Constitution applicable to both the Union and
States.
4. Single Citizenship:
o All Indians are citizens of the nation, not of individual
states, unlike in the USA where dual citizenship exists.
5. Integrated Judiciary:
o India has a single integrated judiciary, with the Supreme
Court at the apex, unlike the USA, where federal and state
courts operate independently.
6. Appointment of Governors:
o Governors of States are appointed by the President (the
Union government’s representative) and have the power to
reserve State bills for the President’s consideration.
7. Control Over Finances:
o The Union government controls the major sources of
revenue, limiting the financial autonomy of the States.

Judicial Interpretation of Federalism in India

1. Keshavananda Bharati v. State of Kerala (1973):
o The Supreme Court held that federalism is part of the
Constitution’s basic structure.
o Federalism in India is not absolute but "cooperative
federalism."
2. S.R. Bommai v. Union of India (1994):
 o Clarified the scope of Article 356 (President's Rule).
o Emphasized that federalism is a basic feature, and misuse
of emergency provisions undermines the federal structure.
3. State of West Bengal v. Union of India (1963):
o The Court ruled that Indian federalism is unique and leans
towards a "quasi-federal" system, with a strong central
government.

Conclusion
The Indian Constitution is often described as "quasi-federal" or a
federation with a unitary bias. It combines the essential features of
federalism, such as the division of powers and an independent
judiciary, with unitary elements, such as a strong center and
emergency provisions.
This flexible model ensures:
 Federalism: Suitable for India's vast diversity.
 Unitary Features: Necessary to maintain national unity and
integrity in a culturally and linguistically diverse country.
Thus, while the Indian Constitution is predominantly federal, it adapts
unitary features to meet the practical needs of governance and
national stability.