Unitary and Federal forms of Government    

Unitary Government:

1. All powers are concentrated in the hands of  the central government.
2. Political subdivisions may be created for administrative convenience
3. The central government is supreme, various political subdivisions, if at all in existence, are subordinate to it
4. Powers of the various sub divisions are not their original powers but are delegated to them by the Central government
5. Single citizenship and a uniform system of law prevails throughout

Federal Government:

1. Constitution clearly defines the jurisdiction of the two sets of government, National and Regional
2. There is equality of status between the two
3. The Constitution is supreme
4. Two sets of laws corresponding to the two sets of governments, each legislating on subjects in their respective jurisdiction
5. While the central or the federal government is charged with the administration of affairs of national importance, matters of regional or local importance are given to the governments of the units.
6. The government of the units should not be taken as subordinate governments rather both the federal and the provincial governments are coordinate in relation to each other.
7. Envisages double citizenship

Basic features of Unitary and Federal Forms of Government: a Comparative Study

Constitution of India: Unitary and Federal Features

Unitary Features

1.    Single Citizenship

2.   Single Constitution for both Centre and States (Except J & K). The power to amend the Constitution rests with the Parliament (Union)  

3.   The power of the Union to legislate on the matters included in the State List under certain specific circumstances

4.   Emergency provisions which make the system virtually unitary during emergencies

5.   Change in the name and boundaries of States by the Parliament

6.   Integrated Judicial System

7.   All India Services – I.A.S./I.F.S./I.P.S.

8.   Appointment of Governors of States by the Union

9.   The Election Commission, as a central agency for all elections

10. Resolution of disputes among States by the Union     

11. Unequal representation of States in the Council of States      

12. The provision to reserve the bills passed by the State Legislature for the assent of the President                      

13. Flexible Constitution (to a certain extent)      

14. Planned development for the whole country by the Planning Commission (now NITI AAYOG)

15. Nature of the National Development Council (NDC)

16. Dependence of states on the centre for economic assistance and grants

17. Residuary powers vested in the Union

Federal Features

1.     Supremacy of the Constitution

2.   Division of powers between the Union and the States by the Constitution itself

3.   Independent Supreme Court as a Federal Court

4.   The Upper House of the Parliament represents the States of the Union

5.   Written Constitution

6.   Rigid Constitution (to a certain extent)

What’s India’s brand of federation?

1. India had a thoroughly centralized unitary constitution until the GOI Act, 1935
2. GOI Act, 1935 introduced the concept of federation for the first time
3. The term federalism has nowhere been mentioned in the Indian Constitution
4. Article 1, on the other hand states that India, that is Bharat, shall be a Union of States
5. Question whether a State is federal or unitary is one of degree
6. Federation is more a functional than an institutional concept
7. Constitutional system of India is basically federal, but, of course, with striking unitary features
8. India is an indestructible union of destructible states
9. Some scholars have branded it as being federal in nature but unitary in spirit
10. Some call it as one with a strong centralizing tendency accompanied with a unitary bias.
11. Others point it as being “quasi federal” in nature.
12. Indian constitution is a unique blend of federating & unitary features that it defies being classified into either one of the two categories in a strict sense.
13. The Constitution of India enshrines the principle that in spite of federalism, the national interest ought to be paramount 

Indian constitution as viewed under the lens of constitutional experts!

Previous Year Question

Though the federal principle is dominant in our constitution and that principle is one of its basic features, but it is equally true that federalism under the Indian constitution leans in the favour of a strong Centre, a feature that militates against the concept of strong federalism. Discuss.  (2014)