Unitary Features of the Indian Constitution
The Constitution of India provides a unitary system to governed as one single unit, with one constitutionally created legislature.
- Under Article 356, during National Emergency, the Center or the Union government can overtake State command.
- Under Article 3, Parliament can change the name areas or boundary of the state even without its consent with a simple majority.
- Schedule seven distributes the power between Center and States but this distribution is heavily in the favor of Center.
- Under Article 249, if Rajya Sabha has ever passed a resolution by a majority of not less than 2/3 members present in voting that it is in the nation’s interest, then Parliament legislate over State subjects. Parliament assumes legislative jurisdiction over the specified State subject and the law will remain in force for one year and it can be renewed.
- Under Article 250, during National Emergency, the parliament assumes concurrent legislative power over the subject mentioned in this state list.
- Under article 252, if two or more States legislature passed a resolution authorizing the parliament to legislate over the State subject. Then the parliament assumes jurisdictions over the State subject till the time the same law repealed by the parliament.
- Under Article 253, Parliament can pass a law on State subject to give effect to International treaty with or without the consent of State consent.
- Under Article 356, when President rule is imposed and the State Legislative Assembly is either suspended or dissolve then, Parliament may assume the jurisdictions to make law on State subject in that state.
- Over concurrent list, the claim of parliament is supreme and Prior.
- Under Article 248, the residuary power of legislation belongs to Parliament.
- Under Article 312, Rajya Sabha can authorize the parliament to create one or more All-India Services. These All-India Services officers appointed by the Center.
- Under Article 115, the Governor of a state, appointed by the Center who holds office during the pleasure of the Union government and thus many times Governor comes under Union influence, and by controlling Governor, the center can influence the state or can Prevail over the state.
- Under Articles 256 and 257, the Union government can issue administrative directions to the state indicating the manner in which railway and other means of communication should be maintained. These directions are binding on States and if it not followed, center can even dismiss the state government under article 365.
- Under article 324, India has a common and independent Election Commissioner for Parliament as well as for the state election. They were appointed and removed by the President of India.
- CAG audit the accounts of both the union and state government, appointed and removed by the President of India.
- Unequal representations of states in Rajya Sabha depending on the population of the states besides nominees.