Federal vs Unitary features of Govt

Federation = foedus (latin) = treaty or agreement
Units of federation
- States - USA, India
- Cantons - Switzerland
- Provinces - Canada
- Republics - Russia
Formation thro
- Integration - USA - weak states together
- Disintegration - Canada - big strong state into autonomous small state
US - 1st & Oldest federation - 1787 - After American Revolution 1775 - 83
India
- Reasons
  - Large size
  - Socio-cultural diversity
- A1 - Union of state not Federation of State bcos
  - fed not result of agreement
  - no rt to cede
- Based on Canadian model
  - formation - disintegration
  - Union of Canada or India
  - centralising tendency

Federal features of the Constitution

Dual Polity
- union at centre
- states at peripheral
Written constitution
- specifies structure, org, powers and fn of state & centre
Division of power
- 7th schedule
  - Union List - 100(97)
  - State List - 61(66)
  - Concurrent List - 52(47)
Supremacy of the constitution
Rigid constitution
1. Spl Majority + 50% states ratification
Independent J
1. Settle disputes b/w centre & state
Bicameralism

Strong Centre
- Overriding authority over concurrent list
- Residuary power
- More subjects to centre and increase over time
States not indestructible
- Indestructible union of destructible states
Single constitution
- ~~except J & K~~
Flexibility of the constitution
- Less rigid than other federation
- Only parliament can initiate amendment except LC
- Most amendment - simple or spl majority
No equality of state representation
Emergency provision
Single citizenship
Integrated judiciary
- Enforce both federal & state law
AIS
Integrated Audit Machinery
- CAG audits both state & centre
- CAG is appointed and removed by prez without consulting states
Parliaments authority over state list
- If RS passes resolution
Appointment of Governor
- agent of centre like Canadian (US election)
Integrated election machinery (US separate)
Veto over state bills
- Prez has absolute veto not suspensive veto

Tilting in BOP in favour of centre
K C Wheare - Quasi Federal
- Unitary state with subsidiary federal feature rather than federal state with subsidiary unitary features
K Santhanam - practically unitary state but formally & legally federal bcos
- dependence of states upon the central grants
- PC
Paul Appleby - Extremely federal
Morris Jones - Bargaining federalism
Ivor Jennings - federation with a strong centralising tendency
- Mainly federal with unique safegaurds for enforcing national unity and growth
Alexandrowicz - sui generis i.e unique in character
Granville Austin - Cooperative federalism
- New kind of federation to meet India's peculiar needs
BRA
- Federal - dual polity; independent leg & exe authority
- No federalism word - both unitary or federal acc. to requirements of time & circumstances
- Union not a league of states or states agencies of union
Bommai Case 1994
- Constitution is federal & fed is BS
- Emergency is an exception & exceptions are not a rule - so ok
- Fed is not administrative convenience but one of principle
Fed represents compromise b/w two conflicting considerations
- DOP & Autonomy
- National Integrity & Strong Union under exceptional circumstances