Unitary Features of the Indian Constitution

Introduction

The Constitution of India establishes a federal system of government, but unlike classical federations such as the United States, Australia, or Switzerland, it provides a strong constitutional position to the Union Government. Therefore, Indian federalism is neither purely federal nor purely unitary. It combines features of both systems, making it a "quasi-federal" or "federation with a unitary bias."

The framers of the Constitution deliberately strengthened the Centre to preserve national unity, political stability, territorial integrity, economic coordination, and administrative efficiency in a newly independent and highly diverse country.

Dr. B.R. Ambedkar: "The Constitution is federal because it establishes a dual polity. However, it can assume a unitary character whenever circumstances demand."

Why Did the Constituent Assembly Adopt Unitary Features?

Although the Indian Constitution establishes a federal system, the Constituent Assembly deliberately incorporated several unitary features to ensure national unity, political stability, and administrative efficiency. The historical, political, and socio-economic conditions prevailing during constitution-making (1946–1949) strongly influenced this decision.

Partition of India (1947): The traumatic partition resulted in widespread communal violence, displacement of nearly 14–15 million people, and the loss of over one million lives (estimated). The framers felt that only a strong Union Government could prevent further fragmentation and maintain internal security.

Integration of Princely States: At Independence, India consisted of 562 princely states besides British provinces. Under the leadership of Sardar Vallabhbhai Patel and V.P. Menon, these states were integrated into the Indian Union. A weak Centre could have encouraged separatist tendencies.

Example: Hyderabad, Junagadh and Jammu & Kashmir required strong central intervention.

Vast Diversity

India possesses enormous diversity in:

• Language, Religion, Culture, Ethnicity, Geography.

National Security: India shares borders with several countries and has historically faced external threats and internal insurgencies. A strong Centre ensures coordinated defence and internal security.

Examples: 1962 China War, 1965 & 1971 Indo-Pak Wars, Cross-border terrorism, Left Wing Extremism, Insurgency in the North-East.

Economic Planning: Independent India adopted centralized planning for balanced regional development.

The Union was expected to:

• Mobilize national resources
• Reduce regional inequalities
• Promote industrialization
• Coordinate infrastructure development

Major Unitary Features

Strong Centre: One of the most distinctive unitary characteristics of the Indian Constitution is the predominance of the Union Government over the States. The Constitution distributes legislative powers in a manner that gives the Centre greater authority than the States.

The Union List contains subjects that are essential for national sovereignty and security, whereas the State List deals mainly with local and regional matters.

Constitutional Basis

• Articles 245–246
• Seventh Schedule

Examples of Union List Subjects

• Defence
• Foreign Affairs
• Currency
• Banking
• Atomic Energy
• Citizenship
• Railways
• National Highways
• Space Research
• Telecommunications

States cannot legislate on these subjects.

India is a "Union of States" (Article 1)

Article 1 declares: "India, that is Bharat, shall be a Union of States."

The word "Union" was deliberately chosen instead of "Federation."

According to Dr. B.R. Ambedkar, this signifies two important constitutional principles:

(i) The Indian Federation is not the result of an agreement among States. Unlike the USA, Indian States did not voluntarily create the federation.

(ii) No State has the right to secede. The unity and territorial integrity of India cannot be questioned by any State.

Example: If any State Legislature passes a resolution seeking independence, it has no constitutional validity.

Parliament Can Alter State Boundaries (Articles 2 & 3)

Explanation: Unlike most federations, the Indian Parliament possesses extraordinary authority to reorganize States.

It may:

• Create new States
• Merge States
• Divide States
• Alter boundaries
• Change names

The concerned State Legislature is only consulted; its consent is not binding.

Examples: Telangana (2014); Created from Andhra Pradesh through an Act of Parliament despite opposition from sections of the State Legislature.

Jammu & Kashmir Reorganisation (2019): The State was reorganized into:

• Union Territory of Jammu & Kashmir
• Union Territory of Ladakh

This illustrates Parliament's extensive constitutional authority.

Other Examples

• Uttarakhand (2000)
• Jharkhand (2000)
• Chhattisgarh (2000)

Single Constitution

In many federations, States possess their own Constitutions.

Example: United States

• Federal Constitution
• Separate State Constitutions

India generally has one Constitution governing both the Union and the States. This creates constitutional uniformity throughout the country.

Importance

• Equal constitutional rights
• Uniform governance
• National legal consistency

Single Citizenship

Constitutional Basis: Articles 5–11

o India follows the principle of single citizenship.

o Every individual is only:

o Citizen of India

o There is no separate State citizenship.

Comparison

USA

• Citizen of USA
• Citizen of California

India

• Only Indian Citizen

Single Integrated Judiciary

• Constitutional Basis: Articles 124–147 (Supreme Court), 214–231 (High Courts), and 233–237 (Subordinate Courts).
• Meaning: India has a single, integrated judicial system, unlike countries such as the USA, where separate federal and state court systems exist.
• Uniform Judicial Hierarchy: The judiciary follows a unified structure:

• Supreme Court of India
• High Courts
• District and Sessions Courts
• Subordinate Courts

Emergency Provisions

National Emergency (Article 352)

During National Emergency:

• Parliament can legislate on State List.
• Centre controls State administration.
• Executive power expands significantly.
• Federalism temporarily becomes almost unitary.

Example-1975 Emergency; The Union Government exercised extensive authority over the States.

President's Rule (Article 356)

When constitutional machinery fails:

• State Government dismissed
• Governor administers the State
• Parliament exercises legislative powers

Historical Examples

• Kerala (1959)
• Punjab (1987)
• Uttarakhand (2016)

Financial Emergency (Article 360)

Although never imposed, it empowers the Centre to:

• Control State expenditure
• Direct financial administration
• Reduce salaries of constitutional authorities

Residuary Powers with Parliament (Article 248)

Subjects absent from all three legislative lists belong exclusively to Parliament.

Examples

Modern subjects such as:

• Artificial Intelligence regulation
• Digital currencies
• Cybersecurity
• Space commerce
• Quantum technology

can be regulated by Parliament unless otherwise provided.

Parliament Can Legislate on State Subjects

Article 249: Rajya Sabha (by a two-thirds majority of members present and voting) may authorize Parliament to legislate on a State subject if it is necessary in the national interest.

Example: National coordination on issues affecting multiple States.

Article 250: During a National Emergency, Parliament automatically gains the power to legislate on matters in the State List.

Example: Wartime security measures requiring uniform national laws.

Article 252: If two or more State Legislatures request Parliament to make a law on a State subject, Parliament may legislate, and other States can later adopt the same law.

Example: The Water (Prevention and Control of Pollution) Act, 1974 was initially enacted under Article 252 after resolutions by States.

Article 253: Parliament may legislate on any subject, including those in the State List, to implement international treaties or agreements.

Example: Environmental laws enacted to fulfil international commitments such as those arising from global environmental conventions.

Appointment of Governors by the President: Governors are appointed by the President under Article 155 and hold office during the President's pleasure under Article 156.

They act as:

• Constitutional Head of the State
• Representative of the Union
• Link between Centre and State

Important Powers

• Reserve Bills for the President
• Recommend President's Rule
• Seek information from the Chief Minister

All India Services (Article 312)

India has common civil services serving both the Union and the States.

These officers are recruited by the Union and allocated to State cadres.

Major Services

• Indian Administrative Service (IAS)
• Indian Police Service (IPS)
• Indian Forest Service (IFoS)

Integrated Election Machinery (Article 324)

The Election Commission of India conducts elections for:

• Lok Sabha
• Rajya Sabha
• State Legislative Assemblies
• President
• Vice-President

A single constitutional body ensures:

• Uniform electoral standards
• Independent supervision
• Free and fair elections

Integrated Legal System

India has a common legal framework in several important areas.

Examples include:

• Bharatiya Nyaya Sanhita (BNS)
• Bharatiya Nagarik Suraksha Sanhita (BNSS)
• Bharatiya Sakshya Adhiniyam (BSA)
• Indian Contract Act
• Transfer of Property Act

Uniform laws promote certainty, ease of governance, and equal legal protection.

Constitutional Supremacy: The Constitution is the supreme law of the land. Both Parliament and State Legislatures derive their powers from it and must act within constitutional limits.

The Supreme Court, through judicial review (Articles 13, 32, 131, 136, 226, etc.), can invalidate laws that violate the Constitution, ensuring constitutional supremacy across the Union and the States.

Landmark Supreme Court Cases

Kesavananda Bharati v. State of Kerala (1973)

• Introduced the Basic Structure Doctrine.
• Held that federalism is part of the Constitution's basic structure.

S.R. Bommai v. Union of India (1994)

• Declared that federalism is a basic feature of the Constitution.
• Restricted arbitrary use of Article 356.
• Made Presidential Proclamations under Article 356 subject to judicial review.

State of West Bengal v. Union of India (1962)

• Held that States are not sovereign entities.
• Reaffirmed the constitutional supremacy of the Union in areas assigned by the Constitution.

State (NCT of Delhi) v. Union of India (2018): Emphasised constitutional morality, cooperative federalism, and representative governance while clarifying the special constitutional position of the National Capital Territory.