Constitution of India

Salient features of Indian Constitution:

Introduction:
The Constitution of India is a unique constitution. It is the largest written liberal democratic constitution
of the world. It provides for a mixture of federalism and Unitarianism, and flexibility and with rigidity.
Since its inauguration on 26th January 1950, the Constitution India has been successfully guiding the
path and progress of India.

According to Sir B. L. Mitter, “Some of the distinctive features of the Constitution of India are: the
disappearance of the princely order, sovereignty of the people, adult suffrage, joint electorate, the
abolition of Privy Council’s jurisdiction and substitution of the Supreme Court in its place, the abolition
of titles and un-touchability, civil equality irrespective of religion, enumeration of fundamental rights,
directive principles of the State policy, the creation of the President and Cabinet System of Government
and the establishment of a Secular State.”

1. Written and Detailed Constitution:

The Constitution is a wholly written document which incorporates the constitutional law of India. It was
fully debated and duly enacted by the Constitution Assembly of India. It took the Assembly 2 years, 11
months and 18 days to write and enact the Constitution.

Indian Constitution is a very detailed constitution. It consists of 395 Articles divided into 22 Parts with 12
Schedules and 94 constitutional amendments. It is a constitution of both the Centre and states of Indian
Union It are indeed much bigger than the US Constitution which has only 7 Articles and the French
Constitution with its 89 Articles.

2. Preamble of the Constitution:

The Preamble of our Constitution provides India to be a Sovereign, Socialist, Secular, Democratic and
Republic Country. There are also various other terms in the Preamble which ensure equality and protect
people. The various other terms are Justice, Liberty, Equality, and Fraternity.

3. India is a Democratic Socialist State:

Although, right from the beginning the Indian Constitution fully reflected the spirit of democratic
socialism, it was only in 1976 that the Preamble was amended to include the term ‘Socialism’. It is now
regarded as a prime feature of Indian state. India is committed to secure social, economic and political
justice for its entire people by ending all forms of exploitation and by securing equitable distribution of
income, resources and wealth. This is to be secured by peaceful, constitutional and democratic means.

4. Secularism:
India gives special status to no religion. The term “Secular” was added by the 42nd amendment in the
Preamble. As based on teachings of Muhatama Gandhi- to respect all religions and all humanity. In the
case of S.R Bommai v Union Of India, it was held that “in matters of State, religion has no place” and also
said that secularism is one of the basic features of the Constitution. In the famous case of Indira Nehru
Gandhi vs Shri Raj Narain & Anr, held that the State shall not discriminate against any citizen on the
grounds of religion. Article 15 prohibits India and Indians from discrimination on the basis of religion.
Article 15, 25, 27 and 30 supports secularism from different angles.

5. Democracy

Democracy is an ancient concept that is followed by many south Indian rulers from time immemorial.
Democracy provides people with the power to govern. The representative form of the Government is
suitable for governing our country due to the huge population. In the case of Mohan Lal Tripathi vs
District Magistrate, the meaning of the term “Democracy” was discussed and according to the case it
was held that “Democracy is a concept, a political philosophy an ideal which is practiced by many
nations that is culturally advanced and politically mature via resorting to governance by representatives
of the people elected directly or indirectly”. The main reason for incorporating democracy is to provide
freedom to the people to choose their own representatives and to save them from the tyrant leaders.

6. Republic:

The Preamble declares India to be a Republic. India is not ruled by a monarch or a nominated head of
state. India has an elected head of state (President of India) who wields power for a fixed term of 5
years. After every 5 years, the people of India indirectly elect their President.

7. Socialist

The system of socialism promotes equality among people and ensures the welfare of people. The term
“Socialist” was incorporated by the 42nd amendment. Many leaders were interested in the concept of
socialism, especially Jawaharlal Nehru was very much interested in this concept as he was inspired by
the Russian Revolution. There were also other famous leaders like Jay Prakash Narayan who helped in
the development of this concept. The concept of Socialism expels capitalism which is considered a
threat to the economy. There were developments in economic policies to promote the concepts of
Socialism.

8. India is a Union of States:

Article I of the Constitution declares, that “India that is Bharat is a Union of States.” The term ‘Union of
State’ shows two important facts:

(i) That Indian Union is not the result of voluntary agreement among sovereign states, and

(ii) That states of India do not enjoy the right to secede from the Union. Indian Union has now 28 States
and 7 Union Territories.
 9. Mixture of Federalism and Unitarianism:

While describing India as a Union of States, the Constitution provides for a federal structure with a
unitary spirit. Scholars describe India as a ‘Quasi-Federation’ (K.C. Wheare) or as ‘a federation with a
unitary bias, or even as ‘a Unitarian federation.

10. Federation:

While describing India as a Union of States, the Constitution provides for a federal structure with a
unitary spirit. Scholars describe India as a ‘Quasi-Federation’ (K.C. Wheare) or as ‘a federation with a
unitary bias, or even as ‘a Unitarian federation.’

Like a federation, the Constitution of India provides for:

(i) A division of powers between the centre and states,

(ii) A written, rigid and supreme constitution,

(iii) Independent judiciary with the power to decide centre-state disputes and

(iv) Dual administration i.e. central and state administrations. However, by providing a very strong
centre, a common constitution, single citizenship, emergency provisions, and common election
commission, common all India services etc. the Constitution clearly reflects its unitary spirit.

India is a federation with some Unitarian features. This mixture of federalism-Unitarianism has been
done keeping in view both the pluralistic nature of society and the presence of regional diversities, as
well as due to the need for securing unity and integrity of the nation.

11. Mixture of Rigidity and Flexibility:

The Constitution of India is rigid in parts. Some of its provisions can be amended in a difficult way while
others can be amended very easily. In some cases, the Union Parliament can amend some parts of the
Constitution by passing a simple law.

Article 368, of the Constitution provides for two special methods of amendment:

(i) Most of the provisions of the Constitution can be amended by the Union Parliament by passing an
Amendment Bill by a majority of total membership and 2/3rd majority of members present and voting in
each of its two Houses.

(ii) For the amendment of some specified parts, a very rigid method has been provided. Under it, first
the Union Parliament passes the Amendment Bill by a majority of total membership and 2/3rd majority
of members present and voting in each house , and then it goes to the State Legislatures for ratification.
The Amendment gets passed only when it is approved by not less than one half of the several states of
the Union.

Thus the Constitution of India is partly rigid and partly flexible.

 12. Fundamental Rights:

Under its Part IIIC Articles 12-35), the Constitution of India grants and guarantees Fundamental Rights to
its citizens. It is called the Indian Bill of Rights. Initially, 7 Fundamental Rights were granted but after the
deletion of the Right to Property from the list of Fundamental Rights (44th Amendment Act 1979) their
number came down to six.

The Six Fundamental Rights are:

(i) Right to Equality:

It provides for Equality before Law, End of Discrimination, Equality of Opportunity, Abolition of
untouchability and Abolition of Titles.

(ii) Right to Freedom:

It incorporates six fundamental freedoms -freedoms of speech and expression, freedom to form
associations, freedom to assemble peaceably without arms, freedom to move freely in India, freedom of
residence in any part, and freedom of adopting any profession or trade or occupation. It ensures
personal freedom and protection in respect of conviction for certain offences.

The Constitution lays down that the freedom of life and liberty cannot be limited or denied except in
accordance with the procedure established by law. Now under Art 21A Right to Education for the
children between the ages of 6-14 years has been granted. Art. 22 guarantees protection against
arbitrary arrest and detention.

(iii) Right against Exploitation:

This Fundamental Right prohibits sale and purchase of human beings, forced labour (begaar) and
employment of children in hazardous jobs and factories.

(iv) Right to Freedom of Religion:

The grant of this right involves the freedom of conscience, religion and worship. Any person can follow
any religion. It gives to all religions freedom to establish and maintain their religious institutions. Mo
person can be compelled to pay any tax for the propagation of any religion. The state cannot levy a tax
for any religion and constitution prohibits the imparting of religious instructions in schools and colleges.

(v) Cultural and Educational Rights:

Under this category the Constitution guarantees the rights of the minorities to maintain and develop
their languages and cultures. It also confers upon them the right to establish, maintain and administer
their educational institutions.

(vi) Right to Constitutional Remedies (Art. 32):

This fundamental right is the soul of the entire Bill of Rights. It provides for the enforcement and
protection of Fundamental Rights by the courts. It empowers the Supreme Court and High Courts to
issue writs for the enforcement of these rights.

National Human Rights Commission (NHRC) and State Human Rights Commission and Protection of
Human Rights:

With a view to protect the human rights of all the people the Protection of Human Rights Act. 1993 was
passed by the Union Parliament. Under it the National Human Rights Commission was established. It is
headed by a former Chief Justice of India. It acts as an independent commission with a status of a civil
court. It works for preventing the violations of human rights of the people.

Its cases of proved violations of human rights, the NHRC can order the grant of compensation to the
victims. Several State, Human Rights Commission are also working for the protection of Human Rights.
India is fully committed to protect the human rights of all the people of the world.

13. Fundamental Duties:

In its Part IVA (Article 51 A) the Constitution describes the following Fundamental Duties of a citizen:

1. Respect for the Constitution, the national flag and the national anthem;

2. Cherish the noble ideals of the freedom struggle;

3. Uphold and protect the sovereignty, unity and integrity of India;

4. Defend the country and render national service when called;

5. Promote the common brotherhood of all the people of India and renounce any practice derogatory to
the dignity of women;

6. Preserve the rich heritage of the nation’s composite culture;

7. Project the natural environment and have compassion for living creatures;

8. Develop scientific temper, humanism and spirit of inquiry and reform;

9. Safeguard public property and abjure violence; and

10. Strive for excellence in all individual and collective activity.

11. Duty of the parents to send their children to schools for getting education.

The Fundamental Duties are, however, not enforceable by the courts.

14. Directive Principles of State Policy:

Part IV of the Constitution dealing with the ‘Directive Principles of State Policy’ provides one of the most
striking features of the Indian Constitution. The Directive Principles are instructions to the state for
securing socio-economic developmental objectives through its policies. These are to be implemented by
both the Union for the States. There are various directive principles like,

● The State shall promote the welfare of the people by securing and protecting as effectively as it
may a social order in which justice, social, economic and political, shall inform all the institutions
of the national life.

● The state should ensure that the citizens should have adequate means of livelihood.

● The state should make sure that the ownership and control of material resources are equally
distributed among citizens.

● The state should provide equal pay for equal work irrespective of gender.

● The state must also take care of the operation of the economic system and should make sure it
does not lead to concentration of wealth.

● The State shall provide free legal aid shall secure that the operation of the legal system in order
to promote justice.

● The State shall take steps to organise village panchayats and should encourage self-governance
in villages.

● The State shall make provision for providing just and humane conditions of work and for
maternity relief.

● The State shall develop the educational and economic interests of the weaker sections of the
people like the Scheduled Castes and the Scheduled Tribes, and can save them from social
injustice and all kinds of exploitation.

● The State shall regard the raising of the level of nutrition and the standard of living of its people
in order to bring improvement in public health.

● The State shall bring out new scientific developments in the field of agriculture and animal
husbandry.

15. Bi-Cameral Union Parliament:

The Constitution provides for a Bicameral Legislature at the Union level and names it as the Union
Parliament. Its two Houses are: The Lok Sabha and the Rajya Sabha. The Lok Sabha is the lower, popular,
directly elected house of the Parliament. It represents the people of India.

Its maximum strength stands fixed at 550. Presently Lok Sabha has 550 members. The people of each
state elect representatives in proportion to their population.
Members of the Lok Sabha are directly elected by the people of India. All men and women of 18 years or
above of age whose names are registered in the voters lists vote in elections for electing the members of
Lok Sabha .Every voter of 25 years or above of age is eligible to contest elections to the Lok Sabha. The
tenure of the Lok Sabha is 5 years. But the President acting under the advice of Prime Minister can
dissolve it earlier also.

The Rajya Sabha is the upper and, indirectly elected second House of Parliament. It represents the states
of the Indian union. Presently, the Rajya Sabha has 250 members. Out of these 233 members are
elected by all the State Legislative Assemblies and 12 are nominated by the President from amongst
eminent persons from the fields of Art, Science and Literature. Rajya Sabha is a quasi-permanent house.
Its 1/3rd members retire after every two years. Each member has tenure of six years.

Of the two houses, of Parliament, the Lok Sabha is a more powerful House. It alone has financial powers.
The Union Council of Ministers is collectively responsible before the Lok Sabha. However, the Rajya
Sabha is neither as powerless as the British House of Lords and nor the Lok Sabha is as powerful as the
British House of Commons.

16. Parliamentary form of Government:

The Constitution of India provides for a parliamentary system of government. The President of India is
the constitutional head of state with nominal powers. The Union Council of Ministers headed by the
Prime Minister is the real executive. Ministers are essentially the members of the Union Parliament.

For all its policies and decisions the Council of Ministers is collectively responsible before the Lok Sabha.
The Lok Sabha can remove the Ministry by passing a vote of no-confidence. The Cabinet, in fact the
Prime Minister has the power to get the Lok Sabha dissolved by the President. On similar lines a
parliamentary government is also at work in each state.

17. Adult-Suffrage:

Another feature of the Constitution is that it provides for universal adult suffrage. All men and women
enjoy an equal right to vote. Each adult man and woman above the age of 18 years has the right to vote.
All registered voters get the opportunity to vote in elections.

18. Single Citizenship:

India is the single Independent and Sovereign integrated state. Presently it has 28 states and 7 Union
Territories. Article 5 to Article 11 of the Indian Constitution deals with citizenship. The Citizenship Act,
1955 which was amended recently in 2019 also deals with citizenship. All citizens enjoy a common
uniform citizenship. They are entitled to equal rights and freedoms, and equal protection of the state.”

19. Independence of Judiciary:

The Indian Constitution makes judiciary truly independent. It is clear from the following facts:

(a) Judges are appointed by the President,

(b) Only persons with high legal qualifications and experience are appointed as judges,

(c) Judges of the Supreme Court cannot be removed from office except through an extremely difficult
process of implement.

(d) The salaries of the judges are very high,

(e) The Supreme Court has its own staff. Indian judiciary has an autonomous organization and status. It
works as an independent and powerful judiciary.

20. Judicial Review:

The Constitution is the supreme law of the land. The Supreme Court acts as the guardian protector and
interpreter of the Constitution. It is also the guardian of the Fundamental Rights of the people. For this
purpose it exercises the power of judicial review. By it, the Supreme Court determines the constitutional
validity of all laws made by the legislatures. It can reject any law which is found to be unconstitutional.

21. Emergency Provisions:

The Constitution of India contains special provisions for dealing with emergencies.

It recognizes three types of possible emergencies:

(1) National Emergency (Article 352) an emergency resulting from war or external aggression or threat
of external aggressions against India or from armed rebellion within India or in any of its part;

(2) Constitutional Emergency in a State (Article 356) an emergency resulting from the failure of
constitutional machinery in any state; or some states and

(3) Financial Emergency (Article 360) an emergency resulting from a threat to financial stability of India.

The President of India has been empowered to take appropriate steps for dealing with these
emergencies. During the period of an emergency, the powers of the President, actually of the PM and
the Union Council of Ministers Cabinet increase tremendously. President can take all steps deemed
essential for meeting an emergency. These are called emergency powers of the President.

Language:

● 8 national language
● 22 recognized by Constitution otherwise
● 3000 spoken otherwise
● Allows every state to have its medium of instruction in mother tongue-also its official language-
Indian, Puujabi, Maharashter(21 crore) speaks Maharashtri
● English is medium of communication

A Constitution Drawn from several Sources:

In formulating the Constitution of India, the founding fathers used several sources. The values and ideals
of the national movement guided their path. The national movement influenced them to adopt
secularism as the ideal. Some provisions of Government of India Act 1935 were used by them and
several features of foreign constitutions influenced them, and were adopted by them.

In adopting parliamentary system and bicameralism, the British Constitution influenced them. The US
Constitution influenced them in favour of republicanism, independence of judiciary, judicial review and
bill of rights. The progress of the (former) USSR after the 1917 Socialist Revolution influenced them to
adopt socialism as a goal. Likewise, they were influenced by the constitutions of Canada, Australia,
Weimar Republic (Germany) and Ireland.

With all these features, the Indian Constitution is a constitution best suited to the Indian environment.
The Constitution has been helping India to organise and run her government and administration in an
effective way both in times of peace and war. The basic structure of the Constitution i.e. its most
fundamental features can be described as: Preamble, Fundamental Rights, Directive Principles,
Secularism, Federalism, Republicanism, Independence of Judiciary, Rule of Law, and Liberal Democracy.

Conclusion:

President of india:
“Indian President enjoys no powers but he can exercise a lot of influence” (Jawahar Lal Nehru)

The Constitution declares India to be a Sovereign, Socialist, Secular, and Democratic Republic.
For securing the objective of making India a Republic, the Constitution provides for an elected
head of the state — the President of India.

The Executive power of the Indian Union is vested in the President and is exercisable by him in
accordance with the provisions of the Constitution.

“He represents the nation but he does not rule the government.” (B. R. Ambedeker)

Constitution defines;

“Executive of the country shall consist of president, vice president, council of ministers. It is
parliamentary form of government with president being its head.”

Qualifications for the Office of President:

The following qualifications are essential for a candidate seeking election to the office of the
President:

1) He should be a citizen of India,

2) He should be of 35 years or above of age,

3) He should be qualified for becoming a member of the Lok Sabha,

4) He should not hold any office of profit, and

5) He should not be a member of the Parliament or of a State Legislature.

Term of Office:

The President is elected for a term of five years from the date on which he enters his office and
is eligible for re-election (Articles 56-57).

Indirect Election of the President of India:

Article 54 of the Constitution provides for an indirect method for the election of the President.
He is elected by an electoral college consisting of elected members of both Houses of Union
Parliament as well as of all State Legislative Assemblies.

Composition of the Electoral College for the Election of the President:

The President is elected an Electoral College which consists of:

(a) The elected members of both the Houses of the Union Parliament (All elected MPs), and

(b) The elected members of all State Legislative Assemblies (All elected MLAs). The nominated
members of the Parliament and Legislative Assemblies have been denied a share in the
Presidential election.

Method of Election of the President article 54 and 55:

The Constitution lays down that President of India is to be elected indirectly by an electoral
college in accordance with the system of proportional representation by means of a single
transferable vote system and secret ballot. “It specifies two principles for ensuring uniformity
and parity in the value of votes of MPs and MLAs.

(i) There is uniformity in the scale of representation of all States:

For securing this objective, the Constitution provides that the value of vote of an MLA of each
state is to be in proportion to the population of that state.

In order to determine this, the following formula is used:

Value of vote of an MLA of a State = Total Population of State/Number of Elected MLAs of State
÷1000

By using the formula the value of vote of each MLA of each state is calculated and then the
total value of votes of all the MLAs of all the States is aggregated.
(ii) There is parity in the value of votes of all MPs and all MLAs:

For securing parity between the States and the Union, it has been laid down that the total value
of votes of all the elected members of Parliament (MPs) shall be equal to the total value of
votes of all the MLAs of all states.

This is determined by the following formula:

Value of Vote of an MP = Total value of votes of all MLAs of all States/Total Number of Elected
MPs of Lok Sabha and Rajya Sabha

(iii) A Fixed Quota of Votes for a Win:

In order to win a Presidential election, a candidate has to secure a minimum fixed quota of
votes which is calculated as follows

Winning Quota = Total number of valid votes Polled/ number of seats + 1 i.e. 1 + 1 +1

(iv) Single Vote System:

In a Presidential election, each voter casts only one vote. However, its value differs from voter
to voter. The value of vote of an MP is uniformly the same while the value of vote of an MLA
differs from state to state. As for example, the value of vote of an MP from Odisha, like every
other MP is the same (around 708) but the value of vote of an MLA from Odisha is different.

(v) Indication of Preferences by the electors:

Each member of the Presidential electoral college while, casting his vote also indicates his
preferences I, II, III, IV, V and so on. His vote goes to the candidate to whom he gives his first
preference vote. But in case that candidate fails to win the required winning quota and no
other candidate also gets the required winning quota of votes, his vote is transferred to the
candidate to whom he has given his second preference vote and so on.

(vi) Provision for Transfer of Votes in case no candidate gets the required winning quota of
Votes:

When in a Presidential election no candidate gets the required winning quota of votes in the
First count, which is done by counting the first preference votes secured by each candidate, the
candidate with the lowest number of votes polled gets eliminated. His votes are then
transferred to the remaining candidates on the basis of the second preferences as recorded by
‘his voters.
The process is repeated till one of the contesting candidates secures the required winning
quota. This transfer system was used only once at the time of the Fifth Presidential election
held in 1969. It has not been used thereafter because each Presidential election has given a
clear majority to one candidate.

In July 2007 Smt. Pratibha Patil scored a clear victory over Sh. Bhairon Singh Shekhawat. She got
6, 38,116 votes against Sh. Shekhawat who got only 3, 31,306 votes. On 25th July 2007 Smt.
Pratibha Patil took over as the President of India from Sh. APJ Abdul Kalam. She got the honour
of being the first woman President of India. Mow a new presidential election will take place in
July 2012.

Oath-taking and Installation article 60:

The day the term of the previous President expires or on a fixed date, the oath-taking and
installation of the new President takes place. The President-elect takes the oath of his office in
the presence of the Chief Justice of India, and in his absence in the presence of the available
senior-most judge of the Supreme Court.

Powers and Functions of the President:

The President of India is the Head of State and the Chief Executive. The executive powers of the
Union are in the hands of the President. He exercises these either directly or through officers
subordinate to him. However, being the head of a parliamentary system, he is only a
constitutional/titular head and exercises nominal power.

A. Executive Powers of the President:

(i) Administrative Powers:

The President is the head of executive and of the administration of India. In performing all his
functions, the President follows the advice of the Prime Minister. He appoints the Prime
Minister.

In case no party gets a majority, he ensures the installation of a ministry headed by a person
who in his opinion can command a majority support in Lok Sabha. He can ask the Prime
Minister to prove his majority in the Lok Sabha within a fixed period. It is the duty of the Prime
Minister to inform the President about all matters concerning the administration. The President
can call for any information from the Prime Minister.

(ii) Appointment-making Powers:

All major appointments and promotions are made by the President.

 ● He appoints the Prime Minister and on his advice other ministers of the Union
Government
● He also appoints the Chief Justice of India, Judges of the Supreme Court and State High
Courts, Governor of each State, Lt.Governors and Chief Commissioners of the Union
Territories, Attorney General of India, Comptroller and Auditor General of India,
Chairman and Members of UPSC, Chief Election Commissioner and two other Election
Commissioners, members of other statutory commissions and India’s Ambassadors,
High Commissioners, Consuls and Envoys to other countries. All these appointments are
made by the President on the advice of the PM and his Council of Ministers.

(iii) Role in Foreign Relations:

As the Head of the State, the President sends India’s ambassadors and envoys to foreign
countries. He receives the foreign ambassadors in India. All diplomatic relations takes place in
his name. All international treaties are negotiated and signed by the Government of India in the
name of the President.

(iv) Supreme Commander of the Armed Forces:

The President is the supreme commander of the defence forces of India. He makes all higher
appointments and promotions in the defense forces. He grants all military honors and titles for
acts of bravery and commendable service to the nation.

B. Legislative Powers of the President:

The Constitution gives legislative powers of the Union to the Parliament. The President is not a
member of either of the two Houses of Parliament. But all lawmaking is done by the Parliament
the name of the President. He has several legislative powers:

1. He summons or prorogues Parliament and dissolve the Lok Sabha

2. He summons a joint sitting of Lok Sabha and Rajya Sabha in case of deadlock

3. He addresses the Indian Parliament at the commencement of the first session after
every general election

4. He appoints speaker, deputy speaker of Lok Sabha and chairman/deputy chairman of

Rajya Sabha when the seats fall vacant.

5. He nominates 12 members of the Rajya Sabha

6. He can nominate two members to the Lok Sabha from the Anglo-Indian Community
 7. He consults Election Commission of India on questions of disqualifications of MPs.

8. He recommends/ permits the introduction of certain types of bills

9. He promulgates ordinances

10. He lays the following reports before the Parliament:

1. Comptroller and Auditor General

2. Union Public Service Commission

3. Finance Commission, etc.

C. Financial Powers, of the President:

1. To introduce the money bill, his prior recommendation is a must

2. He causes Union Budget to be laid before the Parliament

3. To make a demand for grants, his recommendation is a pre-requisite

4. Contingency Fund of India is under his control

5. He constitutes the Finance Commission every five year

D. Judicial Powers of the President:

As Head of State, the President has the power to grant pardon, reprieve, respite, suspension,
commutation or remission of punishment of any criminal.

E. Diplomatic Powers of President

1. International Treaties and agreements that are approved by the Parliament are
negotiated and concluded in his name

2. He is the representative of India in international forums and affairs

F. Emergency Powers of the President:

The Constitution of India contains some provisions for dealing with emergencies.

It gives to the President some powers to deal with three types of emergencies:

(i) National Emergency (Art.352) emergency caused by war or external aggression or internal
armed rebellion,
(ii) Constitutional Emergency in a state or states under Article 356 i.e. emergency arising out of
the failure of constitutional machinery in any state, and

(iii) Financial Emergency under Article 360 i.e. emergency arising out of a financial crisis in the
country.

In respect of these three types of emergencies, the President has been given the power to
proclaim the emergency and to take appropriate steps for meeting the emergency. These are
called the emergency powers of the President.

1) National emergency:

When an emergency under Article 352 is proclaimed, the federal provisions of the constitution
get virtually suspended. The Union Governments can give any direction to each State
Government regarding the exercise of its executive powers. The Union Parliament also gets the
power to make laws over the subjects of State List. Fiscal relations between the Union and the
States can also be suitably modified.

2) Constitutional emergency:

When a constitutional emergency under Articles 356 is declared, in any state that state comes
under President’s rule. The Governor of that state becomes the real executive and the State
Council of Ministers gets removed. The State Legislature either gets dissolved or remains
suspended The Governor runs the administration of the state on behalf of the President and
carries out all the directions of Union Government.

3) Financial emergency:

In case of financial emergency under Article 360, the President can issue any direction to the
states for protecting the financial stability of India. He can order a cut in the salaries and
allowances of public servants, including the judges of the Supreme Court and the High Courts.
He can order that all money bills, after their passage by the State legislatures, are to be
essentially submitted to him for his approval.

The Constitution gives vast powers to the President to deal with these three types of
emergencies. The President exercises his emergency powers also in accordance with the advice
of the Prime Minister and his Council of Ministers. There are also present several constitutional
checks for preventing a misuse of these emergency powers of the President.

Immunity to president:

● He is not answerable to any court

● No criminal action can be taken against him during tenure of his office.
Position and Role of the President:

At the face value, the powers of the President appear to be very big and formidable. A close
review, however, reveals that President of India is a nominal and constitutional executive head
who exercises all his powers on the advice of the Prime Minister and his Council of Ministers.
The President is always bound to accept the advice of the Prime Minister and the Council of
Ministers.

However, despite such a provision, the President is neither merely a figure head nor a rubber
stamp in the hands of the Ministry. He can ask the Council of Ministers to reconsider the advice
given to him.

Undoubtedly, the reconsidered advice of the Council of Minister has to be accepted by the
President; nevertheless, it can produce the desired effect on the action of the Council of
Ministers. As the head of state, the President enjoys the sovereign status.

Impeachment of president:

Secularism and Democracy in India:

India has been hailed as one of the most successful democracies in South Asia. It has conducted
periodic elections for the past seven decades without a break barring a brief period between
1975 and 1977, when the country was placed under emergency rule.

India, we are constantly reminded, is the ‘largest democracy in the world’. The phrase has become the
most prominent element in India’s image. An irrefutable proof of democratic credentials to the world
and ourselves. The events of the last few months, around the Citizenship Amendment Act (CAA) and
National Register of Citizens (NRC) and the resistance to it, must begin with some critical reflection on
this credential.

Secularism in India

The intention of the founders of India’s secular constitution, such as B R Ambedkar and
Rajendra Prasad in promoting secularism was to recognise formally the religious diversity of
Indian society. Mohandas Gandhi, the inspiration behind the Constitution, was himself a deeply
religious man. In his daily prayer meetings, he included readings and hymns from all the
country’s major faith traditions.

The kind of religious tolerance Gandhi personified is nothing new in India. It has ancient roots,
stretching back more than 2,000 years. It is revealed, for example, on inscribed pillars dating
from the reign of Emperor Ashoka in the third century BCE. One inscription contains the
exhortation to “honour another’s religion, for doing so strengthens both one’s own and that of
the other”.

Nehru took the sectarian forces head on:

Nehru took the sectarian forces head on. He spread public awareness of this danger to the
unity and the integrity of the nation. In his very first campaign speech in 1951, he alerted the
voters against those spreading the communal virus in the name of Hindu or Sikh culture as the
Muslim League did once in the name of Islam. He said if these sinister communal elements
came to power, they would bring ruin and death to the country. He was cheered loudly as he
declared: "If any person raises his hand to strike down another on the grounds of religion, I
shall fight him till the last breath of my life, both at the head of the Government and from
outside."

Adding ‘secular’ to the Preamble

When M.K. Gandhi brought all his political acumen to the last All India Congress Committee
session that he would attend, in November 1947, he was fighting against the tide of
popular sentiment on the question of minority rights. Gandhi did use the word ‘secular’; he also
spelt out that it was “the basic creed of the Congress that India is the home of Muslims no less
than of Hindus”.

The Citizenship (Amendment) Act:

India’s secular structure faces a profound crisis. The Citizenship (Amendment) Act, 2019, must
be rejected for three reasons. First, it is against the letter and spirit of our Constitution. Second,
it is divisive, deeply discriminatory and violative of human rights. Third, it seeks to impose the
politics and philosophy of Hindutva, with its vision of a “Hindu nation”, on India’s entire people
and on the basic structure of our polity. India’s constitutional values are in peril, and no person
who has faith in democracy can afford to be silent and uninvolved in what is happening in India.

The Right’s agenda:

The agenda of Hindutva and its ultimate goal of establishing a “Hindu Nation” underlie the
Citizenship (Amendment) Act, is well established both by past experience and the present
actions of the BJP-Rashtriya Swayamsevak Sangh. The absence of the forces of Hindutva from
the freedom movement. It was in this period that M.S. Golwalkar propounded his theory of
India as a “Hindu Nation,” where other religious communities had no rights of citizenship. The
Citizenship (Amendment) Act is the latest blow by the BJP to the secular nature of Indian polity.
When the Left has been in Government India have made every effort to use the machinery at its
command to preserve communal harmony; elsewhere, they have organized the masses to
ensure such harmony.

India’s Failed Democracy

India is often billed as the world’s biggest democracy. But that title has worn thin: Under Prime
Minister Narendra Modi, India is becoming a nationalist state home to Hindus and closed to
Muslims. A new citizenship law is exclusionist: It provides a path to citizenship for every religion
save Islam, which is practiced by roughly 16 percent of India’s population, or nearly 200 million
people. Modi proclaims the law part of the “New India.”

Besides being inhumane, the new law is clearly unconstitutional. Those citizenship and human
rights are now being actively undermined. In Modi we have India’s Trump, a man engaged in
the pretense of making India great while suborning its democratic institutions. Under Modi’s
ruling party, the BJP, which won a second term in May 2019, secularism is out and Muslims, to
quote the novelist Arundhati Roy (writing in The Nation, January 13/20, 2020), “are cast as
permanent, treacherous outsiders . . . [that] finds utterance in chilling slogans by rampaging
mobs.” The BJP’s origins lie in the RSS, founded in 1925 and today claiming a following of
hundreds of thousands organized in numerous interest groups (students, trade unionists,
farmers, etc.) and movement branches. The RSS claims Modi as a member since childhood, and
its enormous political power makes it the main far-right force in India.

Persecuted minorities in India:

Unlike Kashmir, where millions of people are fighting for the right not to be Indian citizens, in
the east India state of Assam, about 2 million Muslims now find themselves effectively made
into non-citizens by virtue of the National Register of Citizens. Other religious groups—such as
Sikhs, Buddhists, and Christians—are considered “persecuted minorities,” having emigrated
from Pakistan, Bangladesh, and Afghanistan. By act of parliament those groups are entitled to
asylum. But Muslims in Assam, and by extension Muslims everywhere else in India if Modi has
his way, must produce “legacy” papers that prove their uninterrupted presence in India for the
last 50 years in order to be allowed to remain. Otherwise, as Modi’s home minister said last
December, the national register will be used to “flush out the infiltrators from our country.”
Worrisome Messages from Kashmir and Xinjiang

The citizenship trap may be only the beginning of the Muslims’ ordeal. Kashmir, whose
autonomy was suspended by Modi last summer as Indian troops moved in and an Internet
blackout was imposed, provides a mirror to the future for Muslims. So may India’s defense
minister, who has spoken about setting up “deradicalization camps” for Kashmiris—an idea that
may well have emerged out of watching China’s massive reeducation camps for Muslims in
Xinjiang province. Arundhati Roy reports that three Indian state governments have already
begun work on establishing Foreigners Tribunals and detention centers, which would be the
insidious follow-up to dealing with de-citizenized Muslims. Modi denies there are detention
centers in India, but the Washington Post report cited above notes that in Assam a huge one is
under construction.

Towards authoritarianism:

Modi has joined the list of major autocrats, showing anew that the trappings of a democratic
government are no barrier to authoritarianism. As we found in eastern and central Europe after
the downfall of the Soviet Union, one form of dictatorship can give way to another. Now, under
new international conditions—the reassertion of illiberal nationalism, the influence of
Trumpism, the global immigration crisis, and financial hardships—autocratic leadership is in
vogue in several countries where democratic hopes once ran high, often with popular support.
Modi’s BJP is popular despite its corruption, media censorship aggressive assertion of Hindu
nationalism, and defiance of constitutional norms. But protests are now occurring in response
to his citizenship law, which is so contrary to the Nehru’s dream of a secular state. The more
Modi presses his far-right agenda, the more sectarian violence his regime is likely to face.
Lok Sabha:
1) Legislative Powers- All the subjects in our constitution are divided among state, union and
concurrent lists. In concurrent list Parliamentary law is over riding than state legislative law.
Constitution also has powers to make law with respect to state legislature in following
circumstances:

(i) When Rajya Sabha passes a resolution to that effect

(ii) When national emergency is under operation

(iii) When two or more states request parliament to do so

(iv) When necessary to give effect to international agreements, treaties and conventions

v) When President’s rule is in operation.

2) Executive Powers- According to parliamentary form of government executive is responsible

to the parliament for its acts and policies. Hence parliament exercises control by various
measures like committees, question hour, zero hour etc. ministers are collectively responsible
to the Parliament.

3) Financial Powers- It includes enactment of budget, scrutinizing the performance of

government with respect of financial spending through financial committees (post budgetary
control)

4) Constituent Powers- Example - To amend the constitution, to pass any laws required

5) Judicial Powers- Includes;

(i) Impeachment of President for violation of constitution

(ii) Removal of judges of Supreme Court and High court

(iii) Removal of Vice- President

(iv) Punish members for breach of privileges like sitting in the house when the member knows
he is not an eligible member, serving as member before taking oath etc.

6). Electoral Powers- It has its participation in the election of President and Vice-President. The
members of Lok Sabha elects speaker and deputy speaker from among its members. Similarly
members of Rajya Sabha elects deputy chairman.

7). Other Powers-

(i) To discuss various issues of national and international importance

(ii) Imposing emergency

(iii) Increase or decrease area, change names, alter the boundary of the states

(iv) Create or abolish state legislature etc any powers can be added from time to time

Article 245 of the constitution declares that parliament may make laws for the whole or any
part of the territory of India and a state legislature can make laws for the whole or any part of
the state. Seventh Schedule of the constitution distributes the legislative powers between the
centre and the state by putting subjects into Union List, State List and Concurrent List. The centre can
make law on any of the subjects in the union list or in the concurrent list. The parliament can override
the law of a state on a subject listed in concurrent list. In addition to these powers, the residuary powers
are also vested with the parliament.

The constitution also empowers the Parliament to make law on a state subject in
the following circumstances:

(i) When Rajya Sabha passes a resolution supported by two-thirds of the members present and
voting

(ii) When a Proclamation of Emergency is in operation

(iii) When two or more states make a joint request to the parliament

(iv) When it is necessary for parliament to implement any international treaty, agreement or
convention

(v) When President’s rule is in operation in the state

Executive Powers and Functions

Article 75 of the constitution mentions that the council of ministers remains in office as long as
it enjoys the confidence of the Lok Sabha. The ministers are responsible to the Lok Sabha
individually and collectively. Lok Sabha can remove the council of ministers by passing a no
confidence motion in the Lok Sabha.

Judicial Powers and Functions

(i) It has the power to impeach the President, the Vice-President, the judges of the Supreme
Court and the High Court.

(ii) It can also punish its members or outsiders for the breach of privilege or its contempt.
Electoral Powers and Functions

(i) The elected members of the parliament (along with state assemblies) participate in the
election of the President

(ii) All the members of the parliament participate in the election of the Vice-President.

(iii) The Lok Sabha elects its Speaker and Deputy Speaker.

(iv) The Rajya Sabha elects its Deputy Chairman.

(v) Members of various parliamentary committees are also elected.

Constituent Powers and Functions

Only parliament is empowered to initiate any proposal for amendment of the constitution. A
bill for amendment can be initiated in either House of Parliament. However, the state
legislature can pass a resolution requesting the parliament for the creation or abolition of the
legislative council in the state.

Indian Federation:
India has a vast territory with a great diversity of race, religion and language. Such a big country
cannot do without a federal form of government. The Framers of the Indian Constitution were
convinced of the importance and necessity of a federal polity for India. The inclusion of the
former princely states in the new set-up made it all the more imperative to frame the
constitution of India on federal lines since the princely states would not have agreed to join the
rest of India if it were a unitary State. All these factors contributed to the ideal of having a
federation for India since a federation provides unity at the center and allows autonomy in local
and cultural matters.

K.C. Wheare defines federal government as an association of states, which has been formed for
certain common purposes, but in which the member states retain a large measure of their
original independence.

Federalism in India:

Federalism in India has some similarities with that of U.S.A. The Constitution of India like the
Constitution of U.S.A, which is the oldest federation, no where uses the term "federation " or
"federal union". Both countries have dual polity - one for the Central government: and another
for the state government. But there are two main differences between them. A person in USA
has dual citizenship. One of the state where he resides and another citizenship of his country
U.S.A. There is no dual citizenship in India. There is no separate citizenship for the state where a
person resides. Besides, apart from the constitution for the USA: each state has its own
constitution. But these are loosely interrelated.

The Article 1 of the Constitution of India describes India as a '-Union of states" for Indian
federalism. The word "Union" has been used because according to Ambedkar the

"Federation in India was not a result of an agreement between different states to join a
Federation".

As mentioned earlier, the federation in India is the result of the devolution of power, not the
result of an agreement. This does not give a state the right to secede from India. But the
pattern of division of power under the Constitution renders it a federal character. This federal
character was given by the framers of the Constitution primarily for two reasons:

1) A federal state is more effective than a unitary one when the size of its territory is as large as
India.

2) A federal state is more effective than a unitary one when diverse groups of its population live
in a discrete territorial concentration as in India.

The Structure of the Indian Federation:

The Constitution of India is written and relatively rigid. Several provisions of the Constitution
can be amended only with the consent of a majority of the state legislatures. The Constitution
divides power between the Union and the states. The Supreme Court of India has original
jurisdiction to decide disputes between:

a) The Union and a state or a group of states:

b) One state and another state or a group of' other states; and

c) One group of states and another group of' states.

Territories of the States

It is said that the USA is an 'indestructible union of indestructible states'. It means that the
states of the USA cannot be split, merged or altered in size: but they may not leave the union.
But in India boundaries of States can be altered by a law enacted by parliament. It is in this
context that in India territorial reorganisation has been going on till the year 2000 and further
reorganisations are possible. In the year 2000 the number of states stands at 28, the number of
Union territories at seven.
According to Article 3 of the Constitution of India, Parliament has power to separate territories
from states and Union territories to create new states or Union territories, to merge two or
more states or Union territories, split a state or a Union territory into two or more states or
Union territories and to unite parts of states and Union territories to create new states or Union
territories. The views of the concerned state legislatures will have to be taken beforehand but
not necessarily respected.

Structure of Government:

The Union and states have separate governments, both based on parliamentary systems. Like
President at the Centre, the Institution head of government at State level is Governor.
However, although the President is elected indirectly by the people, the Governors of the states
are appointed by the President (i.e., the Union Government). Both the President and the
Governors are advised by their Councils of Ministers.
But there is no strict division of public services in India. The Union and the state officials
administer both the Union and state laws simultaneously. There are state civil services. But
there are also All-India Services whose members serve both the Union and the state
government.
The Indian judiciary is, however, integrated. It is headed by the Supreme Court of India which is
also the federal court.

Division of Powers

The Indian Constitution lays down an elaborate division of legislative powers between the
Union and state government in the Seventh Schedule. The executive powers of the Union and
state governments co-exist with their legislative powers. The powers of the Union and state
government are enlisted in three lists known as: The Union list, the State list and the
Concurrent list.
In List 1, the Union List, the powers of the Union governments are mentioned; it contains 97
subjects; in List 11, the State List, 61 subject are mentioned on which State legislatures will
enact laws. In List 111, the concurrent List are mentioned the powers that are to be
concurrently exercised by the Union and the state governments and 47 subjects are mentioned
in this. The residual powers, not mentioned in any of these lists, belong to the Union. There are,
however, three conditions attached to this division:

I) If on a concurrent list subject the Union and a state's laws conflict, the Union law will prevail.

2) If the Council of States, or Rajya Sabha by a majority of two-thirds of its members, decide by
a resolution that a certain subject belonging to the state list is of national importance the
Parliament will be able to legislate on it.
3) When a proclamation of emergency is in operation the Parliament may legislate on any of
the state subject. The force of such law will lapse six months after the proclamation ceases to
operate.

The Union-State Relations:

A federal state has often been described as a union without unity: meaning that there is
division of power along with cooperation between the partners. This cooperation has been
sought to be established by the Constitution in different ways:

i) the states should legislate on subjects belonging to their jurisdiction and the Union can
legislate on subjects belonging to its jurisdiction. But, Parliament may Legislate on state
subjects in some special cases

ii) The Governors, on the other hand, have been given the power to withhold assent to a bill
and reserve it for the President's assent. The matter becomes complicated by the fact that the
Governors are appointed by the President and hold office during the pleasure of the President
(i.e., the Union government).

iii) The Parliament delegate power to legislate on any Union subject to a state legislature. Two
or more states may also delegate the power to legislate on any of the state subjects. But this
can be done only if these states request the Rajya Sabha (the Council of States) to pass a
resolution empowering the parliament to legislate on the matters in the state list.

iv) The states have been directed to exercise their executive power in compliance with the laws
of the Parliament and any existing law in operation on the state.

v) The Union has the power to issue directives to the state to exercise their executive power
without prejudicing the executive power of the Union.
vi) The Union has power to protect the states from external aggression and internal disturbance

vii) The failure of a state to give effect to any of the directives may lead to a declaration of
constitutional breakdown in a state.

These generally healthy provisions have sometimes been misused to the detriment to state
autonomy.

The Financial Powers of the Union And the States

Like the legislative and the executive powers financial powers are divided between the Union
and the states in a detailed and complicated .This is mainly due to two reasons. Politically
speaking the revenues of the Union are far greater than the revenues of the states making the
states dependent on federal subsidies. Constitutionally, on the other hand, the Indian
Constitution makes a distinction between the power to levy taxes and the power to appropriate
them. There is no concurrent jurisdiction in the matter of taxation. Further, the division of
financial powers has been subjected to four amendments: the 3rd (in 1954), the 6th (in 1956),
the 46th (in 1982) and the 80th (in 2000). These amendments have enhanced the Union's
power to levy taxes but not necessarily to appropriate them.

Besides these taxes and duties the Union has unlimited power to give grants-in-aid to the
states.
The States impose land revenue, agricultural income tax, succession duties and estate duty on
agricultural land etc. in respect of any of the matters in the State List.

The Finance Commission

Every five years the President appoints a Finance Commission. The Parliament by law
determines the qualification required for appointment to the Commission (Art 280). The
Commission recommends to the President:

i) the distribution of the net proceeds of taxes between the Union aid the states and the
allocation of shares of such state proceeds among the states:

ii) the principles which should govern the grants-in-aid of the states revenues from
the Consolidated Fund of India; and

iii) the measures needed to augment the Consolidated Fund of a state to supplement the
resources of the panchayats in the states.

The President causes the recommendations to be presented to the Parliament (Art. 28 I). It
should, however, be noted that the recommendations are not mandatory. The President, that
is: the Union government: is the final authority to decide on such recommendations.

The Union Territories

The Union territories are small and special areas directly under the administrative control of the
Union government. Many of the former Union territories have been promoted to the status of
states.
The President appoints an administrator for a Union territory, sometimes designated as
Lieutenant-Governor. The President may also appoint the Governor of an adjacent state as the
administrator of a Union territory. Such Governors, while administering the Union territories,
are not advised by the Council of Ministers of their own states.
In 1991 Delhi was given a special status as a Union capital territory with a large autonomy.

Features of Federation:

i) Bi-Cameral Legislature:

The main feature, which is the definition of federalism in which there are at least two levels of
governance in the country. There can even be more than two levels of governance but the
entire power is not concentrated with one government.

ii) Single Citizenship:

All levels of governance with their different jurisdiction govern the same citizens. This means
that to make laws, legislate and implement these laws by each level of government with their
definite power.

iii) Dual Polity:

The crux, pivotal point of a federal constitution is division of powers between the centre and
the states. There is a supreme government at the centre and there is also a provision to
establish independent body at the state level. The whole structure of the federal system
continues to revolve around this central point.

iv) Supremacy of the Constitution:

Federal Constitutions follow the principle of Suprema Lex, that is, Supremacy of the
Constitution. The States existence and its powers are derived from the Constitution. All laws
enacted both at the Centre and the State level ought to be in line with the Constitutional
scheme.

v) Written Constitution:

A Federal nation cannot exist without a written Constitution. A written constitution is

mandatory. Examples of federal nations with written constitution are: USA, Canada, India and
Australia. It is also to be noticed that a unitary state can exist without a written constitution but
not a federal state e.g. United Kingdom.
vi) Rigid Constitution:

Rigidity in amendment is a distinctive feature of a federal constitution. For example, In

Switzerland, a Referendum is necessary for any amendment to the Constitution. In Sweden, if
the Constitution is amended, an intervening election is conducted. Therefore, Rigidity is an
inherent feature.

vii) Sovereignty of the amending body:

Both the centre and the state governments derive their powers from the constitution.
Therefore, the sovereign power rests with the body that can amend the constitution.

As the features of a Federal State have been established above, connecting the same with the
Indian constitution to examine Federalism in India is necessary.

viii) Revenue Sharing:

In case of a federal country there should be a system of Revenue-Sharing between the Center
and the State like as a system of Power-Sharing between the two levels of government.

Special Judiciary:

India possesses a Supreme Court which acts as a guardian and interpreter of the Constitution.
The existence of a Supreme Court with special powers is always essential for a federation.

Why India is not a federal country?

A unitary system is administered constitutionally as one single unit, with one constitutionally
created legislature. All power invests in top authority. A unitary state is that all the powers
governed in one single unit in which the central government is the ultimate authority to enact
the laws for the country.

These are some unitary features in the constitution by which we can say that India is a quasi-
federal country in nature.

1. Strong Centre: The central government has the unitary authority to the appointment of
the Governors for various states. Governor is the representative of the central
government and he is also the constitutional head of the state. Constitution provides
under article 355 that the central government is the duty-bound to ensure that there is
no failure of constitutional machinery in the state and the states are protected from the
internal disturbance and external aggression and war. By which to enforce that duty,
article 356 provides to the central government to impose Presidential rule and it is the
 duty of the governor of the concerned state to make a report to the center about the
constitutional failure of the machinery of the state for political or any other reasons.
Like the President, Governor also enjoys some discretionary powers related to
withholding the bill for the consideration of the president. Thus, the power of the
central government to appoint governors who would be the head of the particular
states is an important unitary feature of the Indian constitution.

2. Single Citizenship: The constitution provides a single and uniform citizenship for the
whole of the country. However, in a federal state like the United States of America,
there is dual citizenship in which citizen firstly owes the duty to the states and then to
the union. But in the case of India, there is single citizenship even though it also a
federal country. It prescribed that all the Indian citizens owe allegiance to the Indian
Union and not for the state also. Any citizen of the country enjoys the civil and political
rights throughout India in all states and union territories irrespective of his birth or
residence.

3. Integrated Judiciary: In India, the Supreme Court at apex defined the Unified Judiciary
which opposed to the federal system of the country having a dual system of courts. In
our unitary judicial system, the Supreme Court occupies the highest place. We know
that the decisions and verdicts of the Supreme Courts are binding on an inferior court in
India.

4. Appointment of the Highest Position Machinery: All the appointment on the highest
positions are made by the Union Government such as the Chief Election Commissioner,
the Comptroller, and Auditor General and All India Services such as IAS and IPS have
been created which are kept under the control of the Union.

5. No Equality of State Representation: Representation in the legislature in the federal

states is on an equal basis, which is also not applicable in case of Indian States. The
Representation of the States in Rajya Sabha is not equal basis it depends from state to
state and regulated by the center which is basically a unitary feature of the state.

6. Parliament’s Authority Over State List: In general the power to make laws under the
state list given to the State Government but in certain cases, the central government
has the power to make laws under the state list. If Rajya Sabha passes a resolution
under article 249 of the constitution with the 2/3rd majority that the parliament should
make law with respect to a particular entry in List II with respect to a particular state.
After passing the resolution the parliament makes law and that law remains in force for
1 and ½ years which means that the resolution remains in force for one year and the law
also will remain to cease after six months the resolution comes to an end.
 7. Emergency Provisions: The provision of the article 356 provides that the proclamation
can be made and once such proclamation is made, the state government can be either
dismissed or the Assembly can be kept in suspended animation.

Sat Pal v State of Punjab and others

In this case, the court held that in the absence of the terms federal or federation and the
existence of unitary features single citizenship, a single constitution, integrated Judiciary, strong
Centre, etc can help us conclude that the Constitution of India is more Quasi-federal than
federal or unitary.

The Chairman of the Drafting Committee, Dr. Ambedkar had therefore appropriately said that
“Our Constitution would be both unitary as well as federal as per the prerequisites of time and
circumstances”.