Introduction

The present Constitution of India was brought into force on Twenty-sixth January, 1950, which announced to the world the birth of a new republic.

What is a Constitution?- A Constitution means a document having a special legal sanctity which sets out the frame-work and the principal functions of the organs of the Government of a State and declares the principles governing the operation of those organs.

Nature of the Indian Constitution

Is the Constitution of India Federal? Constitutions are either unitary or federal. In a unitary Constitution the powers of the Government are centralized in one government viz. the Central Government. The provinces are subordinate to the Centre. In a federal Constitution, on the other hand, there is division of powers between the Federal and the State Governments and both are independent in their own spheres.

There is a difference of opinion amongst the constitutional jurists about the nature of the Indian Constitution. One view is that it is a quasi-federal constitution and contains more unitary features than federal. The other view is that it is a federal constitution with a novel feature adopting itself to national emergencies. The view of the framers of the Constitution is that the Indian Constitution is a Federal Constitution. Dr. Ambedkar, the Chairman of the Drafting Committee, observed thus, "I think it is agreed that our Constitution notwithstanding the many provisions which are contained in it whereby the Centre has been given powers to override the Provinces (States) nonetheless is a Federal Constitution".

Federal Principle

Prof. Wheare observes, “By the Federal Principles, is meant the method of dividing powers, so that the general and regional Governments are each within a sphere, coordinate and independent. Both the federal and the regional Governments are co-ordinate and independent in their spheres and not subordinate to one another".

The American Constitution is universally regarded as an example of a federal Constitution. It establishes dual polity or dual form of Government, i.e.. the Federal and the State Governments. The powers of both the Central and the State Governments, are divided and both are independent in their own spheres.

Thus the criterion is "Is the federal principle predominant in the constitution? If so, that Constitution may be called a "federal Constitution”. If, on the other hand, there are many modifications in the application of the federal principle that it ceases to be of any significance, then the Constitution cannot be termed as federal. Thus Dr. Wheare accepts that exceptions are permissible provided federal principle is predominantly retained in the Constitution.

Essential characteristics of a federal Constitution

A federal Constitution usually has the following essential characteristics:

1. Distribution of Powers- The distribution of powers is an essential feature of federalism. Federalism means the distribution of the powers of the State among a number of co-ordinate bodies each originating in and controlled by the Constitution. The basis of such distribution of powers is that in matters of national importance, authority is entrusted to the Union, and matters of local concern remain with the States.
2. Supremacy of Constitution- A federal State derives its existence from the Constitution. Hence, every power, executive, legislative or judicial whether it belongs to the nation or to the individual State is subordinate to and controlled by the Constitution. The Constitution in a federal State constitutes the supreme law of the land.
3. A Written Constitution- A federal constitution must almost necessarily be a written Constitution. It will be practically impossible to maintain the supremacy of the Constitution unless the terms of the Constitution have been reduced into writing. To base an arrangement of this kind upon understandings or conventions would be certain to generate misunderstandings and disagreements.
4. Rigidity- A Constitution which is the supreme law of the land must also be rigid. In a rigid Constitution the procedure of amendment is very complicated and difficult. This does not mean that the Constitution should be legally unalterable. It simply means that the power of amending the Constitution should not remain exclusively with either the Central or State Governments. The supremacy of the Constitution can only be maintained if the method of amendment is rigid.
5. Authority of Courts- The very nature of a federal State involves a division of powers between the Central and State Governments under the framework of the Constitution. It is, therefore, essential to maintain this division of powers between the two levels of Governments. The judiciary has, in a federal polity, the final power to interpret the Constitution and guard the entrenched provisions of the Constitution.

The Indian Constitution possesses all the essential characteristics of a federal Constitution mentioned above. But, as said earlier, some scholars hesitate to characterize the Indian Constitution as truly federal because according to them in certain circumstances the Constitution empowers the Centre to interfere in the State matters and thus places the States in a subordinate position which violates the federal principle. They, therefore, use such expressions for it as 'quasi-federal', 'unitary with federal features' or 'federal with unitary features'.

Let us now examine what are those provisions of the Constitution which are produced in support of the above argument and how they modify the strict application of the federal principle.

Modifications of the federal principle

In the following matters, it is pointed out, the Indian Constitution contains the modifications of the federal principle

1. Appointment of Governors- The Governors of the States are appointed by the President (Article 155) and answerable to him. This is, however, not a matter of much significance, for, the Governor is only the constitutional head of the State who shall normally act on the advice of his Ministers. There are provisions in the Constitution under which the Governor is required to send certain State laws for the assent of the President. The President has power to veto those State laws. But whatever be the letter of the Constitution, in practice there are not many examples where the President has vetoed the State Laws.
2. Parliament's power to legislate in the national interest- Under Art. 249 Parliament is empowered to make laws with respect to every matter enumerated in the State List if the Rajya Sabha passes a resolution by 2/3 majority that it is necessary in the national interest. There cannot be any objection to this provision. Thus, in effect by this device the Constitution is amended by the agreement of majority of the States.
3. Parliaments' power to form new States and alter boundaries of existing States- The Parliament of India may form new States; it may increase or diminish the area of any State and it may alter the boundaries or name of any State (Art. 3). The very existence of the State thus depends upon the sweet will of the Union Government.
4. Emergency provisions The Constitution envisages three types of emergencies:

• (1) emergency caused by war or external aggression or armed rebellion (Art. 352);
• (2) emergency caused by failure of constitutional machinery in States (Art. 356): and
• (3) financial emergency (Art. 360). When the proclamation of emergency is made under Art. 352. the normal distribution of powers between the Centre and the States undergo a vital change. Parliament is empowered to make laws with respect to any matter enumerated in the State List. The Centre is empowered to give directions to any State as to manner in which the State's executive power is to be exercised (Art. 256). Further, the President may by order direct that all or any of the provisions of Arts. 268 to 279 relating to distribution of revenue between the Centre and the State shall take effect with such exception or modifications, as he thinks fit. The normal distribution of powers between the Centre and the States, which is the basic element of a federal constitution, is completely suspended.

It is alleged that these provisions enable the Union Parliament to convert the Union into a unitary State which vitally affects the federal character of the Indian Constitution.

Conclusion

It may be concluded that the Constitution of India is neither purely federal nor purely unitary but is a combination of both. It is a union of composite State of a novel type. It enshrines the principle that inspite of federalism, the national interest ought to be paramount. Thus, the Indian Constitution is mainly federal with unique safeguards for enforcing national unity and growth.