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02-Mar-2020 09:49 by 4 Comments

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In a true federation such as that of United State of America every State irrespective of their size in terms of area or population it sends two representatives in the upper House i.e. In addition to all this, all important appointments such as the Chief Election Commissioner, the Comptroller and Auditor General are made by the Union Government. There is no provision for separate Constitutions for the states.The States cannot propose amendments to, the Constitution.

What feature of Indian constitution makes it federal or what features makes it unitary.

The federation is a union because it is indestructible and helps to maintain the unity of the country.

Art 155 and 156 provide that the Governor, who is the constitutional head of a State, is to be appointed by the President and stays only until the pleasure of the President The Centre may take over the administration of the State on the recommendations of the Governor or otherwise.

Such an amendment has to be passed by majority of total members of each house of the Parliament as well as by two-thirds majority of the members present and voting there in.

However, in addition to this process, some amendments must be approved by at least 50% of the states.

After this procedure the amendment is signed by the head of the state i.e; the President.

Since in India important amendments can be amended through this procedure Hence, Indian Constitution has been rightly called a rigid constitution. The Union List consists of 97 subjects of national importance such as Defence, Railways, Post and Telegraph, etc.This enables the Union government to exercise control over the State administration.The equality of units in a federation is best guaranteed by their equal representation in the Uppers House of the federal legislature (Parliament).In other words, Governor is the agent of the Centre in the States.The working of Indian federal system clearly reveals that the Governor has acted more as centre’s representative than as the head of the State.The question whether the Indian Constitution could be called a federal constitution troubled the minds of the members of the Constituent Assembly.

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