Which of the following statements is true?

Q – Which of the following statements is true?

(a) The Federal form of Government is in United States of America.

(b) The government of India is federal and unitary both.

(c) The government of France is of federal form.

(d) The Prime Minister of Pakistan is appointed by the people.

38th B.P.S.C. (Pre) 1992

Ans. (a)

Explanation – The government system of America is federal. The United States of America is a federal republic consisting of 50 States however India is a Union of 28 States and 8 Union Territories. Article I of Indian Constitution declares it as the Union of States. A federal government is one in which there is division of powers between the national government and state governments by the constitution itself and both operate in their respective jurisdictions independently.
Some of the Constitution experts called the Indian Constitution having unitary nature because at the time of emergency it provides a strong centre, but the reality is that Indian Constitution is of federal nature having some unitary features.

Federal System with Unitary Bias
The Constitution of India establishes a federal system of Government. It contains all the usual features of a federation, viz.,
  • two Government,
  • division of powers,
  • written Constitution,
  • supremacy of Constitution,
  • rigidity of Constitution,
  • independent judiciary and
  • bicameralism.
However, the Indian Constitution also contains a large number of unitary or non-federal features, viz.,
  • a strong Centre,
  • single Constitution,
  • single citizenship,
  • flexibility of Constitution,
  • integrated judiciary,
  • appointment of state governor by the Centre,
  • all-India services,
  • emergency provisions and so on.
Moreover, the term ‘Federation’ has nowhere been used in the Constitution. Article 1, on the other hand, describes India as a ‘Union of States‘ which implies two things:
  • one, Indian Federation is not the result of an agreement by the states; and
  • two, no state has the right to secede from the federation.
Hence, the Indian Constitution has been variously described as
  • ‘federal in form but, unitary in spirit’, ‘quasi-federal’ by K.C. Wheare,
  • ‘bargaining federalism’ by Morris Jones,
  • ‘co-operative federalism’ by Granville Austin
  • ‘federation with a centralising tendency’ by Ivor Jennings.

The Supreme Court has spoken of the Indian Union as ‘federal’ , ‘quasi-federal’ or ‘amphibian’ meaning sometimes ‘federal’ and sometimes ‘unitary’.

Source : Indian Polity – M Laxmikanth
Our Constitution – Subhash C. Kashyap

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