Chatrandom kz por
The question whether the Indian Constitution could be called a federal constitution troubled the minds of the members of the Constituent Assembly.
This question cannot be answered without going into the meaning of federalism and the essential features that are evident in federal state.
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.
The following provision of Indian constitution makes it unitary Article I of the Constitution describes India as a ‘Union of States’, which implies two things: firstly, it is not the result of an agreement among the States and secondly, the States have no freedom to secede or separate from the Union.
Besides, the Constitution of the Union and the States is a single framework from which neither can get out and within which they must function.
But for the very clear picture of this conclusion first of all we have to know that what is the federal constitution and what is unitary constitution.
What feature of Indian constitution makes it federal or what features makes it unitary.
And both the union government and the central government derive their powers from the constitution.: The constitution of India is a rigid constitution and this is one of the basic features of federal constitution.
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.
It can declare a law as unconstitutional, if it contravenes any provision of the Constitution.
In spite of the fact that the Indian Constitution establishes a federal structure, it is indeed very difficult to put the Indian Constitution in the category of a true federation.