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Unit I

The document discusses the nature of the Indian constitution, including that it aims to balance unity and diversity through federalism. It defines federalism as a complex system that balances centralized and dispersed power. The framers of the Indian constitution were influenced by other federal constitutions but tailored federalism to India's specific needs. While early judicial interpretations viewed India as unitary, the view has changed to recognize that the constitution intended a federal structure with a strong central government to prevent disintegration.

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TANU BHARDWAJ
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27 views7 pages

Unit I

The document discusses the nature of the Indian constitution, including that it aims to balance unity and diversity through federalism. It defines federalism as a complex system that balances centralized and dispersed power. The framers of the Indian constitution were influenced by other federal constitutions but tailored federalism to India's specific needs. While early judicial interpretations viewed India as unitary, the view has changed to recognize that the constitution intended a federal structure with a strong central government to prevent disintegration.

Uploaded by

TANU BHARDWAJ
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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UNIT I

NATURE OF INDIAN CONSTITUTION

• The Constitution of India is not an end but a means to an end, not


mere democracy as a political project but a socio-juridical process
which opens up through a humanist, radical social order, the
opportunity to unfold the full personhood of every citizen. The
Indian Federalism is unique in nature and is tailored according to the
specific needs of the country. Federalism is a basic feature of the
Constitution of India in which the Union of India is permanent and
indestructible. Both the Centre and the States are co-operating and
coordinating institutions having independence and ought to exercise
their respective powers with mutual adjustment, respect,
understanding and accommodation.
Definition of federalism
• Federalism constitutes a complex governmental
mechanism for the governance of a country. It seeks
to draw a balance between the forces working in
favor of concentration of power in the Centre and
those urging a dispersal of it in a number of units. A
federal Constitution envisages a demarcation of
governmental functions and powers between the
Centre and the regions by the sanction of the
Constitution, which is a written document.
Constitutional Intent
• Being aware that notwithstanding a common cultural heritage,
without political unity, the country would disintegrate under
the pressure of fissiparous forces, the Constituent Assembly
addressed itself to the immensely complex task of devising a
Union with a strong Centre. In devising the pattern of the
Centre State relations they were influenced by the
Constitutions of Canada and Australia which have a
Parliamentary form of government and America which has a
Presidential form of government. The Government of India
Act, 1935 was also relied upon with significant changes. The
Constitution cannot be called "federal" or  "unitary" in the
ideal sense of the terms
Judicial Interpretation
• The debate whether India has a ‘Federal
Constitution’ and ‘Federal Government’ has
been grappling the Apex court in India
because of the theoretical label given to the
Constitution of India, namely, federal, quasi-
federal, unitary. The first significant case
where this issue was discussed at length by
the apex Court was State of West Bengal V.
Union of India
Conclusion
• We can henceforth see that the Indian
judiciary had interpreted the Constitution to
declare India a unitary nation. This view of the
apex court has lately undergone a change. The
Court has recognized the fact that the framers
of the Indian Constitution intended to provide
a federal structure with a strong Centre, which
would prevent the nation from disintegration.
Salient Features of the Constitution of India

• Preamble of the Constitution


• Fundamental Rights and duties
• Directive Principles
• Parliamentary System and Amendment
Procedures
• Judicial Review
• Basic Structure doctrine

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