Ihe Indian Constitution is federal in nature, with a clear distribution of powers between the central and state governments, there are certain unitary features as well. These unitary features provide the central government with certain powers and authorities that, in certain situations, allow for a more centralized form of governance.
1. Single Citizenship:
- India follows a single citizenship model. Every citizen is a citizen of the entire country (Union), and there is no separate state citizenship. This is in contrast to federal systems where citizens may hold both federal and state citizenship.
2. Unified Judiciary:
- While there is a distribution of powers between the central and state judiciaries, the Supreme Court of India is the highest court for the entire country. It has the authority to interpret the Constitution, resolve disputes between the center and states, and hear appeals from any court in the country.
3. Appointment of Governors:
- Governors of states are appointed by the President, who is the head of the central government. While Governors act as the ceremonial heads of states, they represent the center, and their appointment is made by the central authority.
4. Emergency Provisions:
- During a national emergency, the central government gains more powers, and the normal federal structure can be temporarily altered. The President can assume extraordinary powers, allowing for a more unitary form of governance.
5. Single Constitution:
- Unlike some federal countries that may have separate constitutions for the federal and state units, India has a single Constitution for the entire country. The Constitution defines the powers of both the central and state governments.
6. Residuary Powers with the Center:
- The residuary powers, those powers not explicitly assigned to the center or states, belong to the central government. This provides the center with flexibility and authority in matters not specifically mentioned in the distribution of powers.
7. Union Territories:
- Union Territories (UTs) in India are directly administered by the central government. Unlike states, UTs do not have their own governments; they are administered by a Lieutenant Governor or an Administrator appointed by the President.
8. Parliamentary System of Government:
- India follows a parliamentary system of government, where the executive is drawn from the legislature. The Prime Minister, who is the head of the central government, is responsible to the Lok Sabha (House of the People).
9. Power to Create or Reorganize States:
- The Parliament has the power to create new states or alter the boundaries of existing states. This authority provides the central government with a role in the reorganization of states.
10. Special Provisions for Certain States:
Certain states, particularly those with special autonomy or those created under specific circumstances (like Jammu and Kashmir), may have special provisions that can be altered by the central government.
11. Overriding Powers of the Union:
In certain circumstances, the central laws can override state laws. If there is a conflict between a central law and a state law on a subject in the Concurrent List, the central law prevails.
12. Interference in State Matters during President’s Rule:
During the imposition of President’s Rule (Governor’s Rule) in a state, the powers of the state government are temporarily taken over by the central government. This is an exceptional situation but reflects a temporary unitary characteristic.
While these unitary features provide the central government with certain powers, it’s important to note that the Indian Constitution, on the whole, establishes a federal structure with a strong emphasis on unity in diversity. The unitary features are often invoked in exceptional circumstances, and the Constitution seeks to strike a balance between federal and unitary principles.
