Question Q.6GS2GS2

What are the key differences between a federal and a unitary system of government? Can the Indian constitution be considered federal in nature despite its unitary features? Critically examine.

Main Body

A system of government can be federal or unitary depending upon the distribution of powers

Federal Government | Unitary Government

1Power distributed between center and state, each independent in their own sphere | 1) Power centralised with lower levels subordinate to higher level

2Constitution is supreme so as to preserve federal balance | 2) No such necessity

3Written constitution to as to clearly demarcate differences and avoid encroachment | 3) Britain, a unitary state has parliamentary supremacy

4Rigid constitution so that central power | 4) Since unwritten, constitutional principles continue

may not unilaterally amend change status quo

5Independent judiciary so that federal disputes resolved fairly | 5) Integrated judiciary with lower level courts subordinate to higher level which

Indian constitution has a mixture of both federal and unitary features

may not unilaterally amend change status quo

5Independent judiciary so that federal disputes resolved fairly | 5) Integrated judiciary with lower level courts subordinate to higher level which

Indian constitution has a mixture of both federal and unitary features

Unitary Features

(A) Legislative:

Parliament can legislate on state list a) national interest (Art 249)

b) during emergency (Art 250) c) if two or more states request (Art 252) d) to fulfill international agreements (Art 253)

Residuary power is with Parliament (Art 249) + in concurrent list parliament supersedes (Art 254)

(B) Executive:

Union can impose President's Rule (Art 256)

Appointment of Governor by Centre

(D) Financial:Central Finance Commission decides allocation of proceeds of tax

GST has subsumed various state taxes

Inspite of these unitary features shall can be called Quasi-Federal (where) because of some federal features:

separate state Governments

council of States with 12 seats legislation to amend federal features of constitution

Ratification of all legislatures needed to amend features of constitution

Division of subjects into Union, State and concurrent list

India chose to be neither fully federal nor fully unitary – instead choosing a unique blend to address its unique challenges.

342 words20 paragraphs4 bullet points

Conclusion

India chose to be neither fully federal nor fully unitary – instead choosing a unique blend to address its unique challenges.

21 words

Diagram

Comparative table showing features of Federal vs Unitary Government

Answer continues on next page

Clear comparative tabulation
Systematic enumeration of differences
Examples of Britain and USA
Specific constitutional articles cited
Systematic breakdown of unitary features
Clear categorization by branch
Comprehensive coverage of all branches
Clear distinction between unitary and federal features
Good concluding synthesis

Open original scan

Page 14

Topper

Alfred Thomas

AIR 332024

Subject & Paper

GS2GS2

Topic

Federal Structure - Functions, Responsibilities, Devolution of Powers and Finances

Federalism

Federal vs Unitary Systems

Writing Stats

363

Total words

Paragraphs

Bullets

comparative

Tone