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Posted by / 21-Jan-2017 12:55

Nzdating members

The federation is a union because it is indestructible and helps to maintain the unity of the country.Art 155 and 156 provide that the Governor, who is the constitutional head of a State, is to be appointed by the President and stays only until the pleasure of the President The Centre may take over the administration of the State on the recommendations of the Governor or otherwise.Supremacy of judiciary is another very important feature of a federal state where there is an independent judiciary to interpret the Constitution and to maintain its sanctity.The Supreme Court of India has the original jurisdiction to settle disputes between the Union and the States.The following provision of Indian constitution makes it unitary Article I of the Constitution describes India as a ‘Union of States’, which implies two things: firstly, it is not the result of an agreement among the States and secondly, the States have no freedom to secede or separate from the Union.Besides, the Constitution of the Union and the States is a single framework from which neither can get out and within which they must function.In Indian constitution the powers of state and centre are clearly defined and there are very clear limits of both the centre and the state for law making powers. The State List consists of 66 subjects of local interest such as Public Health, Police etc.

Since in India important amendments can be amended through this procedure Hence, Indian Constitution has been rightly called a rigid constitution. The Union List consists of 97 subjects of national importance such as Defence, Railways, Post and Telegraph, etc.A unitary system is governed constitutionally as one single unit, with one constitutionally created legislature. A unitary state is a sovereign state governed as one single unit in which the central government is supreme and any administrative divisions (sub national units) exercise only powers that the central government chooses to delegate.This is one of the federal features of the Indian constitution.The question whether the Indian Constitution could be called a federal constitution troubled the minds of the members of the Constituent Assembly.This question cannot be answered without going into the meaning of federalism and the essential features that are evident in federal state.

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This enables the Union government to exercise control over the State administration.