What are the novel provisions of Indian federal structure that are not found in other federations? Discuss.
Published: January 4, 2017
The Indian Federalism is very unique in nature and is said to be tailored as per the specific needs of the country.
Wheare believes that the framers of the Indian Constitution wanted to avoid the difficulties faced by the federal Constitutions of U.S.A, Canada and Australia and incorporate certain unique features in the working of the Indian Constitution.
Federalism is a basic feature of the Constitution of India wherein the Union of India is permanent and indestructible. Both the Centre and the States co-operating and coordinating institutions having independence and ought to exercise their respective powers with mutual adjustment, respect, understanding and accommodation, thereby promoting co-operative federalism. however, in order to counter any conflicts, the Indian federalism is specifically devised with a strong Centre.
Therefore, in practice the Constitution of India is quasi-federal in nature and not strictly federal. This makes the Indian federation a union or a composite of a novel type in the words of D D Basu.
Further, the uniqueness of our federation is that it gives the states a temporary identity because Article 3 of the Constitution states that the Parliament may form a new state by law or may increase or diminish the area of any state. it also gives the power to the parliament to alter the boundaries or the name of any state. In this way the Indian federal system differs from the typical systems of the world.
Also, the feature of Single Citizenship, wherein people of India have been given single citizenship even if any person belongs to different state in India makes it one of the most novel features. For instance, America has dual citizenship. This makes both federations significantly different.
Most important is the feature of Integrated and independent judiciary which stands out prominently in front of all the federations of the world.
Model Questions Category: 034 - Major Issues Pertaining to Federal Structure