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UNITARY FEATURES OF THE INDIAN CONSTITUTION
HIDAYATULLAH NATIONAL LAW UNIVERSITY FEDERALISM (HONOURS 1) PROJECT ON UNITARY FEATURES OF INDIAN CONSTITUTION SUBMITTED TO MRS. SHRADDHA RAJPUT SHASHWAT DUBEY SEMESTER VII ROLL NO. 139 SUBMITTED ON 9TH OCTOBER 2015
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UNITARY FEATURES OF THE INDIAN CONSTITUTION
ACNOWLED!EMENT
I would like to sincerely thank the Federalism Teacher Teacher Mrs Shraddha Rajput for giving me me this project on the “Unitary Features of the Indian onstitution ! which has widened my knowledge on the features tending to provide a Unitary "asis to the Indian onstitution# $er guidance and support has "een instrumental in the completion of this project #Thank you Ma%am for your consistent support# I%d also like to thank all the authors& writers and columnists whose ideas and works have "een made use of in the completion of this project# My since sincere re grati gratitu tude de also also goes goes out out to the the staff staff and and admi admini nistr strati ation on '$() '$()U* U* for for the the infrastructure in the form of our li"rary and IT la" that was a source of great help in the completion of this project# I would also like to thank my friends who have lended me constant support through guidance and inputs which has led to the completion of this project#
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UNITARY FEATURES OF THE INDIAN CONSTITUTION
INTRODUCTION AND OBJECTIVES OF THE RESEARCH
I$%&'*%+'$ Federation is the eDistence of dual polity# Federalism is a principle of government which defines the relationship "etween entral 8overnment at the national level and its constituent units at the regional& state or local levels# The principle of government allocates power and authority "etween the national and local governmental units in a way that each unit is delegated a sphere of power and authority& that only it can eDercise& whereas the others have to "e shared# “Federalism has "een part of the pu"lic discourse in India for many decades& "efore and after independence in =<3:& "ut it has gained greater importance since the =<
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Sur endr aSi nghandSat i s hMi s r a“ Feder al i s mi nI ndi a:Ti mef oraRel ook ?” 4
UNITARY FEATURES OF THE INDIAN CONSTITUTION States% and this unity "eing indestructi"le# The structure prescri"ed for Union as well as State governments with a single citienship policy rather than dual citienship#
OBJECTIVES OF RESEARCH" ritically eDamining the Indian onstitution so as to eDamine the features affording it a Unitary haracter#
RESEARCH METHODOLO!Y" This project work is descriptive in approach and is "ased on the researches carried out to study the Unitary Features incorporated in the onstitution of India# .ooks C other references as guided "y faculty Federalism have immensely helped in the completion of the project#
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UNITARY FEATURES OF THE INDIAN CONSTITUTION
THE NATURE OF INDIAN CONSTITUTION In India& there are two governments in eDistence& the Union 8overnment and the State 8overnment# The two governments do not su"ordinate each other and rather cooperate with each other while working independently# Though the Indian constitution has the traits of "eing a federal constitution& "ut in its strict sense& it is not# ?The presence of features which are necessary for eDistence of a federation is Guite a uniGue aspect of Indian onstitution "ut on the other side& there are provisions which give more power to the Union 8overnment vis44 vis that of State governments# $enceforth& the Indian onstitutional structure is a Guasi4 federal structure and it was made like this in the =<@5 +ct# This +ct laid down the foundations of federal form of government in India# It provided for the distri"ution of legislative powers "etween the Union and the provinces 'the structure at that time*# These provisions were laid down for promoting harmony and resolving differences "etween the provinces# The +ct further maintained for a sense of cooperative relationships amongst the provinces# 8etting into nuances of this +ct& Sections =@=& =@? and =@@ laid down provisions for resolving the water related disputes# .asically& these provisions dealt with the pro"lems relating to inter Arovince Rivers and river valleys# 2n the other hand& Section =@5 of the =<@5 +ct laid down provisions for the creation of councils to deal with the coordination "etween the various provinces of the .ritish India# The need for creating a cooperative relation "etween the provinces was felt even "efore the independence# The Indian onstitution has incorporated the principles in a detailed form which were actually laid down under the =<@5 +ct# + well designed& and more important& well4functioning system of federal governance& "y virtue of its manifold "enefits& plays a key role in promoting the sta"ility and prosperity of nations as the heights attained in development "y the leading federations of the world J US+& anada& +ustralia and Switerland J demonstrate# 2n the other hand& unless carefully crafted& federal systems do not endure as evidenced "y the disintegration of many of the federal formations that came into "eing in the last century& such as Soviet Russia& 0ugoslavia&
UNITARY FEATURES OF THE INDIAN CONSTITUTION echoslovakia& Rhodesia& and (yasaland ',atts& =<<<*#@ +s earlier stated& the Indian constitution though& claims to "e decentralied and federal is somehow too centrist# The entre functions in a way which does not allow the State%s autonomy to function freely in a completely decentralied way# (ow& the Guestion arises “,as it intended to "e made this wayK! This could "e highlighted as one of the reasons of India%s diminutive growth when compared to hina& where complete autonomy to provinces in running their economies has resulted in much higher growth rates#
W,-% -/ %, I$+-$ &-%+'$ 4-+&-678 (o dou"t& India has a political and constitutional structure where federal features are evident# There is sharing of power "etween the entre and the States "ut the onstitution provides entral 8overnment with supreme powers and concentrates administrative and financial powers completely in its hands#3 Seems there was some deficiency which made the constitutional framers to incorporate features which worked against the federal principle# Reiterating some entral 8overnment%s powers& it has the power to reorganie the states through parliamentL 8overnors appointed "y the entre can withhold assent to legislation passed "y the stateL Aarliament can override the legislations passed "y the states for the reasons of national interestL 8overnors have a role in the formation of state governments and the entre is vested with the power to dismiss the state governments under +rticle @57L residuary powers are vested with the entre and the major taDation powers lie with the entral authority# Fortunately& the reviewing power of judiciary of entre4State relation eDists as that in federal structure# The "ottom4line is that the Indian political system has federal features which are circumscri"ed with a "uilt4in unitary core#5
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+maresh .agchi “Fifty 0ears of Fiscal Federalism in India J +n +ppraisal!
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Pr ak as hKar at“ Feder al i s m andt hepol i t i c al s y st em i nI ndi a”
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Pr ak as hKar at“ Feder al i s m andt hepol i t i c al s y st em i nI ndi a” 7
UNITARY FEATURES OF THE INDIAN CONSTITUTION Former hief 6ustice .eg& in State of Rajasthan v UOI & =<:: called the onstitution of India as Bamphi"ian%# $e said that !#If then our onstitution creates a entral 8overnment which is Bamphi"ian%& in the sense that it can move either on the federal or on the unitary plane& according to the needs of the situation and circumstances of a case!#7 Similarly in S.R. Bommai v Union of India & “pragmatic federalism! was used# Nuoting 6ustice +hmadi& “#It would thus seem that the Indian onstitution has& in it& not only features of a pragmatic federalism which& while distri"uting legislative powers and indicating the spheres of governmental powers of State and entral 8overnments& is overlaid "y strong unitary features!: The phrase Bsemi4federal%; was used for India in State of Haryana v. State of Punjab& whereas in Shamsher Singh v. State of Punjab& the constitution was called Bmore unitary than federal#% < +nother case on this issue is that of State of West Bengal V. Union of India . This case dealt with the issue of eDercise of sovereign powers "y the Indian states# The Supreme ourt in this case held that the Indian onstitution does not promote a principle of a"solute federalism# The court further outlined four characteristics highlighting the fact that the Indian onstitution is not a “traditional federal onstitution!#=E irst "eing that there is no provision of separate onstitutions for each State as reGuired in a federal state# The onstitution of India is the supreme document& which governs all the states# Se!ondly& the onstitution can "e altered only "y the Union AarliamentL whereas the States have no power to alter it# 6
St at eofRaj as t hanvUni onofI ndi a ( 1977)3SCC592
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SRBommai vUni onofI ndi a AI R1994SC191
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St a t eo fHa r y a n av .St a t eofPu nj a b1 98 1SC7 64
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Sh ams h e rSi n gh&An rv .St a t eOfPu nj a b 1974AI R2192
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St at eofWes tBeng al v . Uni onofI ndi a 1963AI R1241 8
UNITARY FEATURES OF THE INDIAN CONSTITUTION "hirdly# in contradiction to a federal onstitution& the Indian onstitution renders supreme power upon the ourts to invalidate any action which violates the onstitution# ourthly# the distri"ution of powers facilitates local governance "y the states and national policies "y the entre# The Supreme ourt further held that "oth the legislative and eDecutive power of the States is su"ject to the respective supreme powers of the Union meaning that entre is the ultimate authority for any issue# The political sovereignty is unevenly distri"uted "etween the Union and the States with greater weightage in favour of the Union# +nother reason which militates against the theory of the supremacy of States is that there is no concept of dual citienship in India# The learned judges finally concluded that the structure of the India as provided "y the onstitution is centralied& with the States occupying a secondary position vis44vis the entre# onversely& 6ustice Su""a Rao was of the view that under the scheme of the Indian onstitution& sovereign powers are distri"uted "etween the Union and the States according to their respective spheres# The legislative field of the union legislature is much wide ranging than that of the State legislative assem"liesL the laws passed "y the Aarliament should therefore have an upper hand over the State laws in case of any conflict# In a few cases of legislation where inter4State disputes are involved& sanction of the Aresident is made mandatory for the validity of those laws# Further& every State has its judiciary with the State $igh ourt at the apeD# This particular thing in his opinion of the learned judge does not affect the federal principle# $e while arguing this gave the parallel of +ustralia# In +ustralia& appeals against certain decisions of the $igh ourts of the ommonwealth of +ustralia lie with the Arivy ouncil# Thus the Indian federation cannot "e negated on this account# In financial matters& the Union has more resources at its disposal as compared to the states# Thus& the Union "eing in charge of the purse strings can always persuade the States to a"ide "y its advice# The powers vested in the union in case of national emergencies& internal distur"ance or eDternal aggression& financial crisis& and failure of the onstitutional machinery of the State are all eDtraordinary powers in the nature of safety valves to protect the country%s future# The power granted to the Union to
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UNITARY FEATURES OF THE INDIAN CONSTITUTION alter the "oundaries of the States is also an eDtraordinary power to meet future contingencies# In their respective spheres& "oth eDecutive and legislative& the States are supreme# In a nutshell& 6ustice Su""a Rao argued that the Union has a "igger role to play when compared to states and therefore& the Union powers have to supersede the State%s# This minority view provided "y 6ustice Su""a Rao in this case had consistency with the federal scheme under the Indian onstitution# The Indian onstitution undou"tedly accepts the federal concept and distri"utes the sovereign powers "etween the coordinate onstitutional entities& namely& the Union and the States#
UNIUE FEATURES OF THE INDIAN FEDERATION
India& like anada& constitutes an asymmetrical federation in the sense that some states have constitutionally guaranteed prerogatives setting them apart from the other states of the federation# $owever& in the case of India& rather unlike anada& the affording of special status to a group or territorial entity never came easy# == +rticle @:E eDpresses special provisions for the state of 6ammu and 9ashmir with respect to rest of India as per itsinstrument of a!!ession. +lso& there are special provisions for the states of +ndhra Aradesh& +runachal Aradesh& +ssam& 8oa& Mioram& Manipur& (agaland and Sikkim as per their accession or state4hood deals as laid down in +rticle @:=+4I# Aresident%s rule is another important thing to "e listed here where the entral 8overnment 'through its appointed 8overnor* takes control of the State%s administration for certain months when no party can form a government in the state or in case there is violent distur"ance in the state# +lso& +rticle @ articulates that the Aarliament can change the name& area or "oundary of a State without the consent of the State concerned# Thus the States in India do not enjoy the right to territorial Inviola"ility#
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Pat r i c kHoeni g“ Feder al i s m andi dent i t yi nI ndi a” 10
UNITARY FEATURES OF THE INDIAN CONSTITUTION The Seventh Schedule of the onstitution indicates that distri"ution is one sided and is heavily in the favor of entre# Union list contains the largest num"er of most important su"jects# For eDample almost all the taD su"jects are in the Union list 'eDcept the Sales TaD*# +nother related provision is +rticle ?3; which states that any su"ject that does not "elong to the oncurrent and State lists& "elongs to the Residuary )ist and it "elongs to entral 8overnment# +rticle @=? talks a"out provides for the creation of +ll India Services 'who can function "oth as entral and State Services*# The +ll India Services officers are recruited& trained and appointed "y the entre "ut they largely function under the State 8overnment# It is they who largely control the administration of State# The State government cannot take disciplinary action against officers& eDcept transfer# +ny other action take removal from service or reduction in rank can only "e controlled "y the entral 8overnment# +rticle @57 lays down that during the Aresident Rule& the Aarliament is authoried to legislate on one or more su"jects of State list for the State%s concerned# The law thus made under the Aresident Rule continues to "e in force# Arovisions regarding /mergency are again of utmost importance# +rticle @5? talks a"out proclamation of (ational /mergency# It says that when the national security of India or any part of its territory is threatened "y war or eDternal aggression or armed re"ellion& the Aresident can declare (ational /mergency#=?'33th +mendment +ct* In case of national emergency the distri"ution of power is suspended and constitution functions as if it is a Unitary onstitution# +nother /mergency provision is +rticle @7E and talks a"out Financial /mergency of entre over the country# ,hen the Financial /mergency is in force& the distri"ution of the financial resources "etween the entre and State can "e suspended "y entre and all the financial resources can "e used "y entre to meet the emergency situation# -igressing a "it from the general federalism is the concept of ooperative federalism& which is another class of a federal structure# This concept originated in the +ustralian onstitution as& there eDisted a felt need for a change from competitive to cooperative relationship in the working of the federal constitution# This modern view of federation regards federation as a 12
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UNITARY FEATURES OF THE INDIAN CONSTITUTION functional arrangement rather than mere division of powers "etween entre and State# ooperative federalism suggests that the entre and the States share a horiontal relationship and not the one in which one is over C a"ove the other# There are three factors through which this trend is promoted& namely> '=* The eDigencies of war when for national survival& national efforts takes precedence over fine points of entre state division of powersL '?* Technological advances means making of communication fasterL '@* The emergence of the concept of social welfare state in response to pu"lic demands for various social services involving huge outlays which the governments of the units could not meet "y themselves out of their own resources# =@ This concept helps the federal structure& with its divided jurisdiction to act in harmony# This "asically promotes cooperation "y minimiing tension among the various constituent governments of the federal union to pool their resources in order to achieve the desired results# In India there are some constitutional mechanisms as also some eDtra constitutional mechanisms to foster the spirit of ooperative federalism# The constitution makers might have deli"erately provided for such features in the constitution in order to ensure the smooth working of the government#
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UNITARY FEATURES OF THE INDIAN CONSTITUTION
FEDERAL FEATURES OF THE INDIAN CONSTITUTION +nyhow& irrespective of India "eing Guasi4federal in its functioning and the way it is structured& it still incorporates some of the features which are essential for a federal arrangement# To pen down some of these featuresL
Written $onstitution +ny parliamentary constitution cannot "e given the status of "eing a federal constitution "ecause a written demarcation of division of power is necessary for smooth functioning of the 8overnment# Arovidentially& India has a written constitution where the entral 8overnment some of its powers with the respective State 8overnments#
Su%rema!y of the $onstitution
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UNITARY FEATURES OF THE INDIAN CONSTITUTION This is another important point in the list of features which asserts that the constitution is legally "inding on "oth the entral and State 8overnments# (o State or even the entre can change the provisions of the onstitution that are related to the power and status of the government to enjoy#
Rigidity of the $onstitution +t third in the list features the concept of rigidity which allows no fleDi"ility for a federal constitution# This is the su"stitute of outcome of Supremacy of onstitution# Supremacy of onstitution "rings the rigidity to it#
&ivision'&istribution of Po(ers This is the last one to feature in this "road list of essential elements# -istri"ution of powers is the fundamental and the most essential characteristics of the federation# The powers of State are divided into federal as well as unit governments at national and local levels# The Seventh Schedule in the India onstitution lays down 7= items which are attri"uted to the State list upon which State 8overnments can make a law& whereas there is a Union list containing =EE items upon which only Union 8overnment can make a law# This makes clear that there is a structure made to fit the federal essence "ut the powers are divided in such a way that it ends up "eing a Guasi4federal state# It is unfortunately practically difficult to throw light upon each and every provision where distri"utionHdivision of powers is evident and makes clear that India does not meet the federal reGuirements# (evertheless& effort is made to impress upon every such element# .ringing in picture the US onstitution& where the working of government is divided into two domains& namely the Federal and the State 8overnments# These governments are not su"ordinate to each other "ut are co4ordinated and independent within the scopes allotted to them#=3 It is also argued that such a structure of independent co4ordinate authorities is what forms the gist of federal principle and India& "ecause of the a"sence of this feature does not Gualifies to "e a federal state# The Indian onstitution per se is not a covenant& or a pact 14
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UNITARY FEATURES OF THE INDIAN CONSTITUTION "etween the StatesL rather the States are the products of the onstitution and ultimately of Aarliament# + renowned eDpert on federalism& Arofessor Ronald ) ,atts defends the Indian approach claiming that “In some cases& however& where territorial social diversity and fragmentation is strong& it has "een considered desira"le& as in anada and India initially& and in Spain& to give the federal government sufficiently strong& and even overriding& powers to resist possi"le tendencies to "alkaniation#! Federalism has always remained a Bwork4in progress% or as IG"al (arain puts it Bconstantly in the making% 'opland and Rickard& =<<<*# The federal structure needs to "e altered and mended perpetually to cope up with the changing environment and emerging challenges# If I may conclude now& BFederalism% is one of those good echo words that evoke a positive response toward many concepts as democracy& progress& constitution& etc# This form of government tries to facilitate the sociopolitical cooperation "etween two sets of identities through various structural mechanisms of Bshared rule#% .ut due to o"vious reasons& center4 state relations and the state autonomy have "ecome the cardinal issues of the Indian federalism# The union government appointed Sarkaria ommission in =<;@ to eDamine and review the working of the Indian Federalism& "ut this ommission didn%t make any useful recommendations for structuring the Indian federalism in a proper manner# The Union government also took in a very easy approach some of the recommendations made "y this commission# This shows that even though our constitution is said to "e federal& "ut this overemphasis on the power of the federal government makes incapa"le of dealing effectively with socioeconomic challenges and strengthening national unity# $ence& it is appropriate to restructure Indian Federalism to make it more effective and promote the entre4 state relationship#=5 The Indian onstitution is a constitution sui generis# 2n one hand& the constitution contains features which are of high importance for a federal arrangement& at the same time it contains provisions which fight for a strong entre& thus making it Guasi4federal in nature# The fact to "e appreciated here is that these dual federalism provisions were deli"erately incorporated to "est fit a polyglot country like India#
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“ Adebat eonI ndi anFeder al i s m”Conc eptofFeder al i s m 15
UNITARY FEATURES OF THE INDIAN CONSTITUTION
UNITARY FEATURES OF THE INDIAN CONSTITUTION It is indeed difficult to put the Indian onstitution in the category of federations& even though it had all the main ingredients of a federation# It is& in fact& a new contrivance designed to meet the special reGuirements of Indian society# The framers of the onstitution have modified the true nature of Indian federalism "y incorporating certain non4federal features in the onstitution as well# This has lent support to the contention that the Indian onstitution is federal in form "ut unitary in spirit#
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UNITARY FEATURES OF THE INDIAN CONSTITUTION (i) Single Citizenship: The Indian federation is a dual polity with a single citienship for the whole of India# There is no State citienship# /very Indian has the same rights of citienship& no matter in which State he resides#
(ii) A Strong Centre: The result of the distri"ution of powers "etween the federation and the units is that the State 8overnments are governments of limited and enumerated powers# Though the Union 8overnment is also a government of limited and enumerated powers& it has& under certain circumstances& power even over the State 8overnments and the residuary power over the whole territory#
(iii) Single Constitution for Union and States: Indian onstitution em"odies not only the onstitution of the Union "ut also those of the States# Furthermore& the States of the Indian Union have a uniform onstitution# The amending process "oth for the onstitution of the Union and the States is also the same#
(iv) Centre Can Change Name and Boundaries of States: In India& the entre has a right to change the "oundaries of the States and to carve out one State out of the other# In fact& this has "een done in India& not only once "ut several times# In the fifties& +ndhra Aradesh was carved out of Madras State# Shortly thereafter& the States Reorganisation ommission was esta"lished and a chain of events unfolded# There is perhaps no State whose "oundaries have not "een changed at one stage or another# The right of the entre to change the "oundaries of the States is against the federal set4 up#
(v) Single Unified Judiciary: In India& the Supreme ourt and the $igh ourt%s form a single integrated judicial system# They have jurisdiction over cases arising under the same laws& constitutional& civil and criminal# The
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UNITARY FEATURES OF THE INDIAN CONSTITUTION civil and the criminal laws are codified and are applica"le to the entire country# To ensure their uniformity& they are placed in the oncurrent )ist#
(vi) Unitary in mergencies: The Indian onstitution is designed to work as a federal government in normal times& "ut as a unitary government in times of emergency# Under the onstitution& the Aresident of the Repu"lic has "een given emergency powers# +n emergency can arise "oth in the political and financial fields#
(vii) Common All!"ndia Services: The onstitution has certain special provisions to ensure the uniformity of the administrative system and to maintain minimum common administrative standards without impairing the federal principle# These include the creation of +ll4India Services& such as the Indian +dministrative and Aolice Services and placing the mem"ers of these services in key administrative positions in the States#
(viii) "ne#uality of $epresentation in the Council of States: There is "icameralism in India "ut in the ouncil of States& States have not "een given eGual representation# $ere population system has "een followed and "igger States have "een given greater representation than the smaller ones#
(i%) Appointment of &overnor 'y resident: The $eads of the StateOthe 8overnorOare appointed "y the Aresident# They hold office during his pleasure# This ena"les the Union 8overnment to eDercise control over the State administration#
(%) Appointment of the igh Court Judges 'y the resident: +ppointments to the $igh ourts are made "y the Aresident& and the 6udges of the $igh ourts can "e transferred "y the Aresident from one $igh ourt to another#
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UNITARY FEATURES OF THE INDIAN CONSTITUTION (%i) *he +ffice of the Comptroller and Auditor!&eneral: The omptroller and +uditor48eneral of India has an organisation managed "y the officers of the Indian +udit and +ccount Services& a central service& who are concerned not only with the accounts and auditing of the Union 8overnment "ut also those of the States#
(%ii) Centralized lectoral ,achinery: The /lection ommission& a "ody appointed "y the Aresident& is in charge of conducting elections not only to Aarliament and to other elective offices of the Union& "ut also to those of the State )egislature#
(%iii) -le%i'le Constitution: The Indian onstitution is not very rigid# Many parts of the onstitution can "e easily amended#
(%iv) Special o.ers of Council of State over State /ist: The Aarliament is also authorised "y the onstitution to make laws on any su"ject mentioned in the State )ist& if the ouncil of States passes a resolution "y a two4thirds majority declaring a particular su"ject or su"jects to "e of national importance# Similarly& Aarliament can pass laws on the items of State )ist& if it is deemed essential "y the 8overnment of India to honour an international o"ligation# In short& in India the entre can encroach on the field reserved for the States as and when it feels necessary#
(%v) Control over State /a.s: ertain laws passed "y the State )egislature cannot come into operation unless they have "een reserved for the approval of the Aresident of India# Thus& all the laws concerning the acGuisition of property& all laws on oncurrent )ist which are contrary to the laws passed "y the AarliamentL and the laws concerning the sales4taD on essential commodities& etc# need the approval of the entral 8overnment#
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UNITARY FEATURES OF THE INDIAN CONSTITUTION Moreover& the 8overnor of a State reserves the right to reserve any .ill passed "y the State )egislature for the consideration of the Aresident# The Aresident may accord his approval to such a "ill or may withhold his assent#
(%vi) -inancial 0ependence of States: In a federation& as far as possi"le& States should "e financially self4sufficient so that these enjoy maDimum autonomy# .ut in India& the States depend on the entre for all development# They have much less sources of income "ut many more needs of eDpenditure# This financial dependency has very much hindered the growth of States on federal lines# The mode of formation of the Indian federation was Guite di fferent from that which led to the formation of a federal union of the +merican type# In India it was not the case of a num"er of sovereign and independent states entering into a voluntary agreement and setting up a federal state for the administration of certain affairs of general concern& keeping "ack with themselves the powers which they did not want to give to this new government# The government of the country& till the India +ct of =<@5 was passed& was a centralised government and the process that was adopted under the India +ct of =<@5 was that of “creating autonomous units and com"ining them into a federation "y one and the same +ct!# The process for the esta"lishment of a federation in India& therefore& has to "e descri"ed as one of movement from the union to the units rather than from the units to the union# The +ct of =<@5& however& cannot "e descri"ed as having given to India a truly federal constitu 4 tion# It has far too many restrictions imposed upon the provincial governments# ,hen the .ritish left India in =<3:& they withdrew these powers and transferred their sovereign rights to the people of India to eDercise them in accordance with a onstitution of their own choice# If India has not "een partitioned at the time it got its freedom& there would certainly have "een far fewer features of centralisation in the Indian onstitution than we find today# + partition of the country& with the seceding part nurturing a grouse against it& and the uncertainties of the international situation& the emergence of two Super Aowers struggling for supremacy over each other made it necessary for the Indian onsti tution to make provisions for the centraliation of power#
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UNITARY FEATURES OF THE INDIAN CONSTITUTION
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UNITARY FEATURES OF THE INDIAN CONSTITUTION
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UNITARY FEATURES OF THE INDIAN CONSTITUTION
CONCLUSION In this project& I have analysed the -octrine of onstructive (otice and the rule laid down in the TurGuand case which gave rise to the -octrine of indoor Management# The rule which later came to "e known as the doctrine of indoor management was carved out so as to prevent the doctrine of constructive notice& used "y companies to their advantage& from "ecoming an impediment to trade and commerce as otherwise third parties would "e seriously affected if constructive notice was applica"le in all cases# The doctrine of indoor management seeks to protect the interest of the shareholders who are in minority or who remains in dark a"out whether the working of the internal affairs of the company are "eing carried out in accordance with the memorandum and articles# It lays down that persons dealing with a company having satisfied themselves that the proposed transaction is not in its nature inconsistent with the memorandum and articles& are not "ound to inGuire the regularity of any internal proceeding#
$owever& the doctrine of indoor management cannot also "e applied over4eDtensively# In essence& a harmonious "alance has to "e maintained so as to promote "usiness transactions "etween the company and third parties# Thus the doctrine of indoor management cannot give validity to a transaction where there is no authorityL it can only apply as an eDception to the doctrine of constructive notice# 23
UNITARY FEATURES OF THE INDIAN CONSTITUTION
Thus so as to prevent gross injustice to the third party which cannot "e eDpected to have knowledge of the internal affairs of the ompany& the -octrine of Indoor Management was introduced# It emerged as a criticism to the doctrine of onstructive (otice and has a close relationship with it as was discussed in the project#
BIBLIO!RAPHY •
M "handari& “8uide to ompany )aw Arocedures!& ?= st edition& )eDis (eDis