Dual polity: two government one at the Centre and in states with defined functions and responsibilities. In the federal set-up, there is a two-tier government with well-assigned powers . RELATED NEWS Disclaimer The Indian Constitution proudly stands strong in terms of this unique quality it . GK Quiz - Indian Constitution. While Indian federalism was designed on the federalism prevalent in USA, Canada, and Australia, it deviates from their style of working and […] They include: Flexibility - The constitution of a unitary state is flexible, making it easy to amend. The story of partition of India and its concomitant evils were so disastrous that the framers could . Federal Government. Most of us the Kenyan citizens had the idea of voting in of the Kenyan constitution in 2010 bearing in mind of article 6 of the cok that elaborates that our territories are divided into counties. Full Text Of The Constitution Of Malaysia 2010 Reprint 1. FEDERAL OR UNITARY/CHARACTERISTICS OF INDIAN CONSTITUTION It has been the matter of debate among the scholars that whether the constitution of India is completely federal or unitary in nature. Y et there is a criticism that India is a federal S tate but with unitary features. As it is the nation is stuck with what it has, a unitary constitution that is supposed to guide the democratic process in a federal system! Nature of Indian Constitution - Federal or Unitary. Britain's constitution is unitary. * In Unitary Constitution the provinces are subordinate to the centre, but in federal constitution , there is a division of powers between the federal and the state governments. The document consists of a preamble and 13 Parts, each divided into Articles.The Constitution outlines the rights guaranteed to Cameroonian citizens, the symbols and official institutions of the country, the structure and functions of government, the procedure by . Context: Federalism is an institutional mechanism to accommodate two sets of polities, i.e., first is the center or national level and second is at the provincial or regional level. The UK has no states, so whilst Central government can choose to give out powers to devolved assemblies and local councils it can take those powers back at any time as they . Answer (1 of 17): The Federal Constitution is where the power delegated to the Federal government is limited and defined, "This Constitution defines the extent of the powers of the general government." (Mass. For example of unitary constitution: The United Kingdom 2-Federal- It is below the judiciary system. The major question that lingers in the minds of Kenyans is whether Kenya has become a federal state or it's of a unitary point of view. In this article, and attempt has been made to reflect the basic nature of of Indian constitution. 6.There is unity, uniformity of law, policy and administration. (d) Constitutional law of the land. A number of countries also contain a third level of government, which is . He/she can also be a part of a political party. Comment [UPJS 2003] Find the answer to the mains question only on Legal Bites. There is only one legislature. It is sometimes considered a quasi-federal system as it has features of both a federal and a unitary system. Federal Constitution In Federal Constitution there will be division of powers between the federal and state government and both are independent. The Indian Constitution is a unique one since it is sort of a novel type which combines both the features of unitary as well as a federal form of government. [Quoted in Granville Austin, "The Indian Constitution: Corner Stone of Nation", p 188, Oxford, 1972.] ADVERTISEMENTS: A balance is struck between the unitarianism and federalism and rightly it was felt that it was the need of the time. But actually Indian constitution contains both features of a federal constitution and unitary constitution. The makers of the Indian Constitution, while drafting the Constitution, had a great advantage - they learned a great deal from other countries and their constitutions. Rigid or Flexible Constitution: Unlike a federation, a unitary state may or may not have a rigid constitution, e.g., the Which of the following has been considered supreme as a. Article 10 Of Federal Constitution . Strong Centre. Because of this, India is considered as a quasi-federal state. Division of powers between the union and its constituents. How far is this criticism valid? Indian constitution is a blend of federal feature with unitary bias. France has a written constitution but England has none 4. In this article, and attempt has been made to reflect the basic nature of of Indian constitution. A truly federal constitution must envisage a clear-cut demarcation of governmental functions and the powers between the Centre and the regions as sanctioned under a written constitution. * Constitution of India has features of both unitary and federal . unitary is where all powers are held by a single central agency. c) Integrated Judiciary. In unitary constitution, there is a single power known as a central government and it controls the entire government indeed all the power and administrative authority reside in the central place. Its uniqueness lies in the tremendous blend of unitary and federal features rendering it a quasi-federal constitution. In spite of its federal features mentioned above, the Indian Constitution is more unitary than federal, which make it quasi-federal in nature and enable it to operate as a federal or a unitary constitution as and when circumstances so require. 1. In the words of D.D. 2. Unitary Features - Indian Constitution is Quasi-Federal Nature. Typically, democratic constitutions are classified into two categories - Unitary and Federal. But under a unitary . Is India a federal or unitary state? But for the very clear picture of this conclusion first of all … The word federation is not mentioned in the . Written and Rigid Constitution: Ratification by states for Constitutional amendment involving federal features. On the other hand, In the Federal constitution, there is a dual government central government and state government. The Indian Constitution is designed to work as a federal government in normal times, but as a unitary government in times of emergency. nation as the five federal states that had been suppressed by Hitler and later by the communists. Federal features. States are not subordinates of the central government. The affairs of municipalities and rural areas must be left to the administration of local governments. Unitary vs. Federal Features; The British constitution has a unitary character as opposed to a federal one. Unitary Features - Indian Constitution is Quasi-Federal Nature. In the federal constitution, the power is divided between the Central and state government in such a way that the Central and State governments are each, within a sphere, coordinated and independent. Besides the federal features, the Indian Constitution also possesses the following unitary or Non-federal features: 1. Last Updated on 6 months by Admin LB Question: "The Indian Constitution is federal in form but unitary in substance". Autonomy of each units is, therefore, guaranteed. Constitutions can also be divided into unitary and federal types. (vii) Common All-India Services: Download Federalism in India notes PDF for UPSC 2021 preparation. Thus, it is quite obvious that the Indian Constitution is more unitary than federal in nature. As one of the most impactful aspects of the Constitution, the concept of federalism was considered extremely innovative—and controversial—in 1787. The Constitution is the creature of the State. Unitary Features of Indian Constitution that Ensures the Existence of our Federal & Combined Polity Despite the fact that India is a federation, in principle fundamentally, yet for all intents and purposes, the focal government body is significantly more grounded in control than the state governments. But that is not the most pertinent characteristic of the constitution. b) Single Constitution for union and states. (b) Fundamental law of the land. * Both are independent in their own sphere. A federal constitution is one which divides and apportions political Powers the different tiers of government in a particular country, for example, the central, state and local governments.The powers of each tier is properly defined and derived from the constitution. The States or the different constituents of the Country are subordinate to such central authority. In an unitary constitution all legal sovereignty is contained in a single place - for example central government. constitution was 'both unitary as well as federal according to the requirements of time and circumstances". It usually contains fundamental political principles,delineates the fundamen. All powers of the government are vested in the British Parliament, which is a sovereign body. ALHAJI Lateef Femi Okunnu, a Senior Advocate of Nigeria, SAN needs no introduction when it comes . The Speaker is the second in line to the Presidency after the Vice President under the Presidential Succession Act of 1947. A state is federal when it has following features: (a) There are two sets of governments and there is distribution of powers . The advantages of unitary government are it is single and decisive legislative. Rigid constitution. Federal nature Indian constitution: Although the word 'federation' is no where used in the Indian constitution all […] In a federal set-up, there is a two-tier government with well-assigned powers and functions of . ["The Indian Constitution is federal in form but unitary in substance". The Indian constitution is one of the longest constitutions in the world. Some of the federal feature are. -This type of constitution means legal sovereignty resides in one location. For one, splitting powers between the national and state governments was in stark contrast with the unitary system of government practiced for centuries in Great . The historical circumstances in which the country became independent and accepted the strategy of planned economic develop- The nature of Constitutions all over the world are classified into two categories (1) Unitary Constitution, and (2) Federal Constitution. Traditionally constitution may either be unitary or federal. In order to get a clear picture of the nature of the Indian Constitution, one needs to study the basic features of the Constitution. In a federal form of government, the Amendment in the constitution is difficult to make. Indian Constitution is both federal and unitary constitution. The Supreme Court of India also describes Indian Constitution as "a federal structure with a strong bias towards the Center". Basu, the Constitution of India is neither purely federal nor unitary, but it is a combination of both. The Constitution framers tried to strike a balance between this form of system and the federal system thus, giving India a federal structure with a strong center. Regarding the nature of the constitution of India there is difference of opinion among the expert of constitution. However, in the case of Unitary System Powers of administration are concentrated in the Central government. The Indian constitution is both federal and unitary in nature, as it is a combination of federal and unitary features. In a federal Constitution, On the other hand, There is a division of powers between the federal and state government and both are Independent in their own spheres . Under the Constitution, the President of the Republic has been given emergency powers. The division of powers is in favour of the Centre and highly . Accordingly, all countries have at least two levels of government: central and local. Partial Rigidity of the Constitution. The classification of governments into unitary and federal is based on the nature of relations between the national government and the regional governments. In a unitary constitution, all the powers are concentrated in a central authority. But actually Indian constitution contains both features of a federal constitution and unitary constitution. (c) Administrative law of the land. For example, functions listed under the . What feature of Indian constitution makes it federal or what features makes it unitary. E.g. A Great Debate Over Power Erupts. Federal has the powers of the government divided by a written constitution between central government and regional. Read to know the federal structure of the Indian Constitution for IAS Exam. Written or unwritten Constitution: A unitary government may or may not have a writ ten constitution. 4.A unitary government is less expensive. What feature of Indian constitution makes it federal or what features makes it unitary. d) Power of the parliament to create new states or to make any change in territory area and none of existing state. A federal constitution is a document that sets out in detail the precise nature of the relationship between the governors and the governed, between the center of power and the periphery. Both the Union and the State are created by the Constitution and derive their respective authority from it. The few remaining highly centralised nation states such as the United Kingdom, In fact, the Indian Constitution is the most elaborate Constitution of the world. The framers of the Constitution were not motivated to produce a purely federal or purely unitary Constitution. Constitution of India combines the characteristics of both federal government and the unitary government which can also be called non-federal features. Unitary constitution. We operate unitary judicial system in Federal Constitution - Okunnu, SAN. It is also has a simple management of an economy and the government are smaller. 3. Both the sets of polities are autonomous in its own sphere. One view is that it is a quasi-federal constitution with a novel feature adapting itself to national emergencies. Under the unitary Constitution, the powers of the government are centralized in one government and usually called central government and state subordinate to it. Federal features present in the Constitutions are: Two governments. On the contrary, the parliamentary constitution dictates that the head of the state can be a prime minister. The central government. Federal System of Indian Constitution / Unitary Features of Indian Constitution. Both are independent in their own sphere. A unitary state keeps all power under the control of the central government, while a federal state splits power between central authorities and local or regional governments. Whether the Indian Constitution is a fully federal system or a unified system is a matter of debate among scholars. . What is a Unitary Constitution? In a Unitary Constitution the powers of the government are centralized in one Government viz. Unitary constitution has some certain features which differenciate it from the federal constitution. In spite of its federal features mentioned above, the Indian Constitution is more unitary than federal, which make it quasi-federal in nature and enable it to operate as a federal or a unitary constitution as and when circumstances so require. The Indian Constitution is both federal & unitary in nature as it is a combination of federal & unitary features. Post-Soviet Russia, in contrast . Usually it is more efficient in the used of tax dollars but fewer people trying to get in on the money. Article 1 of the Indian Constitution states, 'India that is Bharat shall be a union of states '. Nature of Indian Constitution: Federal or Unitary or Quasi-federal On July 21, 2015 By Amit GoelCategory: Indian Constitution The Indian constitution is neither purely federal nor purely unitary but is a combination of both. Article 1 of the Constitution of India says: - "India, that is Bharat shall be a Union of States." The word 'Federation' is not mentioned anywhere in the Constitution. Unitary Government. [1] In the Indian constitution there reside the features of both, the Federal Structure and the Unitary Structure, nature. As for example, England and France are unitary states. One view is that it is a Quasi Federal Constitution having more unitary features than federal. 5.Amendments to the constitution are easy. It is called 'the union of states' rather than a pure federation. It follows parliamentary system power. constitutional law - constitutional law - Unitary and federal systems: No modern country can be governed from a single location only. A federal government is one in which powers are divided between the national government and the regional governments by the Constitution itself and both operate in their respective . Federal and Unitary Constitutions. Federation means the distribution of the power of the State among a number of co-ordinate bodies, each originating from and . Written constitution. In Unitary Constitution the provinces are subordinate to the centre, but in federal constitution , there is a division of powers between the federal and the state governments. Indian Constitution is a unique blending of both federal and unitary features. Definition of Federal Constitution. The makers of the constitution tried to establish a harmonious balance . The unitary features of the Constitution are hence used to nation's unity and overall growth. Federal government as contra-distinguished from unitary government, is a system in which the totality of governmental power is divided and distributed by the national constitution or the organic act of parliament creating it, between a central government and the governments of the individual states or other territorial subdivisions of which the . The former Soviet Union was, by constitution, a federal state; but, apart from the nominal character of at least certain parts of its constitution, the constitutional role entrusted to the Communist Party unified the system to such an extent that the state was essentially unitary with some semifederal aspects. It is because the government has articulated that it is going to devolve power. In a federal government, there is a clear Division of Power between the Centre and the states governments. Component units - Component units created by the . New Zealand (a unitary state) has a constitution but that constitution is an act, or more precisely acts, of Parliament and their bill of rights is also an act of Parliament. Federalism is a doctrine of sharing powers between the central government and state governments in India. The most famous example of Unitary Constitution is UK. Spread the love Scholars have always deliberated whether the Constitution of India is completely federal or unitary in nature. Answer (1 of 5): A constitution is a set of rules and regulations, according to which, a country is governed. 3.A unitary government will make prompt decisions and take speedy action. Comment. The most famous example of Unitary Constitution is UK. Independent judiciary. The states or the constituents of the country are subordinate to such central authority. An essential feature of a federal Constitution is the distribution of powers between the central government and the governments of the several units (provincial governments) forming the federation. Advantages of Unitary System. By Abdulwahab Abdulah. Constitution is generally defined as: (a) Law of the land. Australia (a federal state) has a constitution which is an act of the UK Parliament with a single right (freedom of religion) and no bill of rights. The Indian Constitution has divided the power between States and Centre through the Union, State, and Concurrent lists and demonstrating the federal nature; also the Constitution contains various provisions which gives the center a dominant position demonstrating the unitary nature of the Constitution. The Constitution of any country would be either unitary or federal but the Indian constitution reflects the nature of both Federal as well as unitary. Types of constitution- 1-Unitary-is related to parliament. -The central power can override all other bodies and has the right to retain it's power-NI assembly . Another view is about federal nature. Typically, a federal state has a constitution or other supreme law of the land that outlines the powers granted to both the central and local governments. This is a . Written Constitution: The Indian Constitution is a written document containing 395 Articles and 12 schedules, and therefore, fulfils this basic requirement of a federal government. 1.Suitable for small countries. Executive organs of the state are subordinate to the Parliament, exercise delegated powers and are answerable to it. The Constitution of Cameroon is the supreme law of the Republic of Cameroon.Adopted in 1972, it is Cameroon's third constitution. Comment] Answer A unitary system is composed of one central . In federal constitution, there are three levels of government, (the federal, state and local government) while in a unitary constitution there is only one level of government-the center government A federal constitution has provision for a supreme court to settle constitution conflict, while a unitary constitution has no provision for a supreme . Apart from above mentioned federal features Indian Constitution also consists of following unitary features: a) Single Citizenship. The main federal features of the Indian Constitution are as follows: 1. India is a federal system but with more tilt towards a unitary system of government. In this system the central government and the governments of the units act within a well defined sphere, co-ordinate and at the same time act . An emergency can arise both in the political and financial fields. However, Indian constitution actually contains both features of a federal constitution and unitary constitution. The main federal principles are distribution of power, supremacy of constitution, written constitution, rigidity and authority of courts. -Can devolve power to regions but this isn't ultimate power-Wales, Scotland, NI all have power but Westminster retains sovereignty. In a Unitary Constitution, all the powers of a Government are concentrated in a central authority. 2. Federal Constitution: In a federal set up there is a two tier of Government with well assigned powers and functions. Unitary and Federal Constitution A unitary constitution one of the types of constitution which provides that governmental powers should be concentrated on the single central government, which does not share powers with other body in the country, but delegates powers to regional, local government and other subordinate bodies. The provinces are subordinate to the centre. Dual Government (that is, national government and regional government) 1.Single government, that is, the national government which may create regional . According to the traditional classification of political scientists, the constitution is either unitary or federal. In a federal constitution, powers are distributed among the center and the states. Political powers - All political powers are concentrated in the hands of a single central government. Since it is going to devolve . Indian Constitution has both federal and unitary structure. The Indian constitution is neither purely federal nor purely unitary but is a combination of both. However, in Federal Constitution, powers are distributed among the center and the States. But for the very clear picture of this conclusion first of all we have to know that what is the federal constitution and what is unitary constitution. W e have seen that the Constitution of India provides for a federal system. The federal constitution provides the ability to create the governments at the state level. Ratifying Convention; see 10th Amendment). It is a system for government, codified as a written document, which contains fundamental laws and principles. Constitution of India has features of both unitary and federal constitution. Belgium, which had previously lived under a unitary constitution modelled on Britain's, became a federation in 1993. Merits of unitary form of government. It is for this reason that Dr. K. C. Wheare said: "The Indian Constitution establishes, indeed, a system of government which is at the most quasi-federal, almost devolutionary in character; a unitary State with subsidiary federal features rather . Features of Unitary Constitution. Supremacy of the Constitution. It is sometimes considered a quasi-federal system as it has features of both a federal and a unitary system. It is a unitary constitution by name, but by contents, it is a Federal constitution.
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unitary constitution and federal constitution