Unitary Constitution A unitary system is governed constitutionally as one single unit, with one constitutionally created legislature. On the face of it, it looks a direct assault on the power of the states. Took 2 yrs, 11 mos, 18 days. The second provision is most controversial. A federal Constitution has following essential characteristics: 1 Distribution of Powers: A federal Constitution defines and demarcates the sphere of the Central and State Governments. India is the biggest democracy in the world. All power is top down.
The validity of all legislative enactments is tested according to the provisions of the Constitution. The procedure for amending the provisions of the Constitution is quite difficult under Indian Constitution; Supreme Court has been established to decide disputes between the Centre and the States and to work as a watch dog of the Constitution. The executive arm is the president, he is the commander-in-chief of the armed forces, and he is given power to veto bills and to raise army and few other powers. Article 253 empowers the Union Parliament to make laws implementing any treaty, agreement or convention with another country or any decision made at any international conference, association, or other body. All those who are socially downtrodden and had suffered in the past, in the hands of one section of society or the other, are to be brought forward on all levels with the others. How many freedoms have been provided by Article 19 1? In another case Justice Bhagwati, described Indian Constitution as a federal or quasi- federal 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. Thus, any law that takes away the life or liberty of a person, must also satisfy the test of reasonableness under art. In a response to the increasing number of water disputes the United Progressive Alliance Government has proposed to set up two Commissions to look into the Centre- State relations, including river water- sharing, and to examine administrative reforms. The state shall also neither extend nor deny financial assistance to any religion. The primary issue engaged with this case was the activity of sovereign powers by the Indian states.
The essence of the federation is the existence of the Union and the States and the distribution of powers between them. This has to be secured by peaceful, constitutional and democratic means. State of Rajasthan the Supreme Court reiterated: Indian Constitution is basically federal in form and is marked by the traditional characteristics of a federal system, namely supremacy of the Constitution, division of power between the Union and States and existence independent judiciary. Annulling the very basis on which the Supreme Court had pressured the State to implement the river water-sharing agreement of 1981, the Bill has created an unprecedented Constitutional crisis. The Source of Authority: Popular Sovereignty: The Preamble categorically accepts the principle of Popular Sovereignty. Prevention as well as amelioration of conflicts is necessary.
The abrogating forces of the Center in case of crisis don't pulverize the government character of the Indian Constitution. Such actions have generated wide spread opposition from interested parties. And both the union government and the central government derive their powers from the constitution. I think the decorations and artworks in the Constitution were done under the supervision of Nandlal Bose from shantiniketan. The first significant case where this issue was discussed at length by the apex Court was State of West Bengal V. The legislative competence of the Parliament to enact a law for compulsory acquisition by the Union of land and other properties vested in or owned by the state and the sovereign authority of states as distinct entities was also examined. In my opinion, I believe that before the framers even thought of balancing powers, they thought of what powers and between whom.
At that time States were artificially created and a provision to alter the boundaries and to create new states was kept so that appropriate changes could be made as per requirement. Firstly, there should be devolution of more financial resources and powers on the States so that they do not have to depend on the Centre for financial assistance. This is not wholly true. Unitary nature of Indian constitution: On the other hand the Indian constitution also incorporates many features of a unitary state. Sovereign state by virtue of her membership of Commonwealth of Nations which makes it obligatory for her to accept British Queen as her overlord.
However, in addition to this process, some amendments must be approved by at least 50% of the states. All the above characteristics are present in the Indian Constitution. The first meeting of Constituent Assembly was held on December 9, 1946— its president was Dr Sacchidanand Sinha. The State Governments have limited powers while largely being dependent on the Centre. However, this power is not unlimited. After this procedure the amendment is signed by the President. Also, in addition to this process, such amendments must be approved by at least 50% of the states.
This, in the sentiment of the scholarly judge does not influence the government guideline. To prevent discrimination, however, art 29 2 prohibits them from discrimination in admissions only on the grounds of religion, race, caste, language, or any of them. Distribution of Powers between center and states. The Framing of Constitution of India. Whereas the constitution of Britain is neither written nor there is anything like a fundamental law of the land.
From May to September 1787, the men, known as the Framers, met in. Thirdly, provisions were made for elaborate centre-state relations in all aspects of. The working of Indian federal system clearly reveals that the Governor has acted more as central representative than as the head of the State. The Indian constitution aim at reconciling the national unity while giving the power to maintain state to the State governments. The Court then proceeded to list out some of the Constitutional provisions which establish the supremacy of the Parliament over the State legislatures. It is often defined to be quasi-federal in nature. They have followed and reproduced the Government of India Act 1935 in providing matters of administrative detail.