Meaning and importance of Constitution: 

Meaning and importance of Constitution: 

Constitution is the supreme law of each State. It lays down rules regarding the organization, powers  and functions of government. It also defines the basic features of the State and the relation between the  citizens and the State. The basic, fundamental law of a state which sets out how that state will be  organized and the powers and authorities of government between different political units and citizens. 

Definition: 

In simple words, we can say a Constitution is the Constitutional law of the state. Constitutional law  enjoys the position of being the supreme and fundamental law of the state. It lays doum the organisation  and functions of the government of state. The Government can use only those powers which the grants  to it. 

1. “Constitution is the collection of principles according to which the powers of the government,  the rights of the governed and the relations between the two are adjusted.” -Woolsey 

2. “Constitution is a body of judicial rules which determine the supreme organs of state, prescribes  their modes ofcreation, their mutual their spheres ofaction and the fundamental place of each of them  in relation to state.” -Jel.linek 

3. of a state is that body of rules or laws, written or unwritten which determine the organization  ofgovemment, the distribution ofpowers to the various organs ofgovemment and the general principles  on which these powers are to be exercised.” -Gilcb.rist 

On the basis ofthese definitionsit can be said that the Constitution is the sum total of the Constitutional  laws of the state. 

It lies down: 

( 1 ) Organization and powers ofthe government; 

(2) Principles and rules governing the political process; 

(3) Relations between the people and their govemment; and 

(4) Rights and duties ofthe people. 

The government ofstate gets organized and works in accordance the provisions ofthe  Constitution. People get their rights protected from the Constitution. No one, not even the govemment,  can violate the Constitution. 

Types of Constitution: 

I. Written Constitution: 

A written Consfrution means a Constitution vmtten in the form ofa book or a series ofdocuments  combined in the form ofa book. It is a consciously framed and enacted Constitution. It is formulated  and adopted by a constituent assembly or a council or a legislature.

Gamer writes, “A written Constitution is a consciously planned Constitution, formulated and adopted  by deliberate actions ofa constituent assembly or a convention.” It provides for a definite desiV1  ofgovemment institutions, their organizations, powers, and inter-relationships. It embodies the 

law of the state. It enjoys the place of supremacy. The govemment is ftlly bound by its provisions and  works suicdy in accordance with its provisions. A can be amended only in accordance with a settled  process of amendment written in the Constitution itself. It is a duly passed and enacted Constitution.  The Constitutions oflndia, the USA, Germany, Japan, Canada, France, S%itzerland and several other  states, are written Constitutions. 

II. Unwritten Constitution: 

An unwritten Constitution is one which is neither drafted nor enacted by a Constituent Assembly and  nor even written in the form of a book. It is found in several historical charters, laws and conventions.  It is a product ofslow and gradual evolution. The government is organised and it functions in  accordance with several well settled, but not wholly written rules and conventions. The people know  their Constitution. They accept and obey it, but do not possess it in a written form. An unwritten  Constitution cannot be produced in the form ofa book. 

However, an unwritten Constitution is not totally unwritten. Some of its parts are available in written  forms but these do not stand codified in the form of a legal document or a code or a book. According  to Gamer, “an unwritten Constitution is one in which most and not all, rules are unw^ritten and these are  not found in any one charter or document.” 

The Constitution ofthe United Kingdom is an um,vritten Constitution. 

Difference between written and unwritten Constitution: 

1. A written Constitution is Witten in the form of a book or document, whereas an unwritten  Constitution is not written in such a form. 

2. A written Constitution is a made and enacted by a constituent assembly of the people. An  unwritten Constitution is the result of a gradual process of Constitutional evolution. It is never  written by any assembly. 

3. A written Constitution is usually less flexible than an unwritten Constitution. An unwritten  Constitution depends mostly on unwritten nodes or conventions which do not require any formal  amendment. 

4. A written Constitution is definite. Its provisions can be quoted in support or against any power  exercised by the government. An unwritten Constitution cannot be produced in evidence. It has  to be proved by quoting its sources and practices. 

However, the difference between and unwritten Constitutions is not orga.nic. A written has written  parts in majority. Along with these, it also has some unwritten pa.rts in the form ofconventions. In an  unwritten Constitution, most of the parts are unwritten and are not written in the form of a book.  However some ofits parts are also found written in some charters and other documents 

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Ill. Flexible Constitution: 

A Flexible Constitution is one which can be easily amended. Several political scientists advocate the  view that a flexible Constitution is one in which the Constitutional law can be amended in the same 

way as an ordinary law. Constitutional amendments are passed in the same manner by which an  ordinary law is passed. 

British Constitution presents a classic example of a most flexible Constitution. The British Parliament  is a sovereign parliament which can make or amend any law or Constitutional law by a simple majority.  Laws aiming to affect changes in a Constitutional law or in any ordinary law are passed through the  same legislative procedure i.e., by a simple majority of votes in the legislature. Similarly, a Constitution  is flexible when the procedure ofamending it is simple and the changes can be made easily. 

(A) Merits of a Flexible Constitution: 

 First, a major merit of the flexible Constitution is its ability to change easily in  accordance with the changes in the social and political environment ofthe society and  State. 

 Secondly, it is very helpfrl in meeting emergencies because it can be easily amended. 

 Thirdly, because of its dynamic nature, there are less opportunities for revolt. The  Constitution has the ability to keep pace with the changing times. The people do not  feel the need for revolutionary changes. 

 Finally, since the flexible Constitution keeps on developing with times, it always  continues to be popular and remains up-to-date. 

(B) Demerits of a Flexible Constitution: 

 First, a flexible Constitution is often, a source of instability. Flexibility enables the government in  power to give it a desired dress and content. 

 Secondly, it is not suitable for a federation. In a federation, a flexible Constitution can lead  to undesi.rable changes in the Constitution by the federal govemment or by the  govemments offederaö.ng 

IV. Rigid Constitution: 

The Rigid Constitution is one which cannot be easily amended. Its method ofamendment is diffcult.  For amending it, the legislature has to pass an amendment bi.ll by a specific, usually big, majority of  2/3rd or 3/4th. For passing or amending an ordinary’ law, the legislature usually passes the law by a  simple majority of its members. 

A rigid Constitution is considered to be the most findamental law of the land. It is regarded as the basic  will of the sovereign people. That is why it can be amended only by a special procedure requiring the  passing of the amendment proposal by a big majority of votes which is often followed by ratification  by the people in a referendum. 

(A) Merits of a Rigid Constitution: 

 First, a rigid Constitution is a source of stability in administration. 

 Secondly, it maintains continuity in administration. 

 Thirdly, it cannot become a tool in the hands of the party exercising the power of the state  at a particular time. 

 Fourthly it prevents autocratic exercise ofthe powers by the govemment.  Finally a rigid Constitution is ideal for a federation. 

(B) Demerits of a Rigid Constitution:

 First, the chief demerit of a rigid Constitution is that it fails to keep pace with fast changing  social environment. 

 Secondly, because of its inability to change easily, at times, it hinders the process of social  development. 

 Thirdly, it can be a source of hindrance during emergencies. 

 Fourthly, its inability to easily change can lead to revolts against the govemment. 

 Fifthly, a rigid Constitution can be a source of conservativeness. It can grow becomes old  very soon because it cannot Keep pace with times. 

Thus, there are both merits and demerits of Flexible and Rigid Constitutions. The decision whether a  state should have a flexible or a rigid Constitution, should be taken on the basis of the needs and wishes  of society. No hard and fast male can be laid down as to whether a state should have a flexible or a  rigid Constitution.ln fact, a Constitution must have both a certain degree of rigidity as well as an ability  to change for keeping pace with the changing times. An excessive rigidity or excessive flexibility  should be avoided. The Constitution of India is partly rigid and partly flexible. In several respects, it is  a rigid Constitution but in practice it has mostly worked as a flexible Constitution. 

V. Evolved Constitution: 

An evolved Constitution is one which is not made at any time by any assembly of persons or an  institution. It is the result of slow and gradual process of evolution. Its rules and principles draw binding  force from the fact of their being recognised as ancient, historical, time-tested and respected customs  and conventions. 

Some ofthese conventions get recognised by law and hence become enforceable while others are  followed because these are supported by public opinion, their practical utility and moral commitment  in their favour. Evolved Constitutions is the product of historical evolution and of political needs and  practical wisdom ofthe people. The Constitution of Great Britain presents a key example ofan evolved  Constitution. 

VI. Enacted Constitution: 

An Enacted Constitution is a man-made Constitution. It is made, enacted and adopted by an assembly  or council called a Constituent Assembly or Constitutional Council. It is duly passed after a thorough  discussion over its objectives, principles and provisions. It is written in the form of a book or as a series  ofdocuments and in a systematic and formal manner. The Constitutions of India the USA, Japan, China  and most ofother states are enacted Constitutions. 

Qualities of a Good Constitution: 

 Constitution must be systematically written. 

 It should incorporate the Constitutional law ofthe state and enjoy supremacy. 

 It should have the ability to develop and change in accordance with the changes in the environment  and needs ofthe people. 

 It should be neither unduly rigid nor unduly flexible. 

 It must provide for Fundamental Rights and Freedoms of the people. 

 It should clearly define the organisation, powers, ft.nctions inter-relations ofthe govemment of the  state and its three organs.

 It must provide for the organisation of a representative, responsible, limited and accountable  govemment. 

 It must provide for: 

 Rule of I.aw o De-centralization of powers o Independent and powerful Judiciary o A system of  Local self-government o A Sound Method ofAmendment of the Constitution o Process and  Machinery for the conduct offree and elections 

 The Constitution must clearly reflect the sovereignty ofthe people. 

 The language ofthe Constitution should be simple, clear and unambiguous 

The Consütuüon must empower the judiciary with the power to interpret, protect and defend  the Constitution and the ff.ndamental rights and freedoms ofthe people against the possible  legislative and executive excesses. These are the basic features which must be present in every  good Constitution. 

Significance: 

Each state has a Constitution which lays down the organization, powers and ft.nctions ofthe  Govemment ofthe State. The govemment always works according to the Constitution, no law or order  ofthe govemment can violate the Constitution. Constitution is the supreme law and all govemment  institutions and members are bound by it. 

Constitution enjoys supreme importance in the state because: 

 It reflects the sovereign will of the people. 

 It lies down of the aims, objectives, values and goals which the people want to secure..  It contains description and guarantee ofthe frndamental rights ofthe people. 

 It gives a detailed account of the organisation of the govemment. The organisation, powers and  ftmctions of its three organs of the and their inter-relationship. 

 In a federation, the Constitution lays down the division ofpowers between the central govemment  and the governments of the federating states/provinces. It is binding upon both the centre and the  state govemments. 

 It specifies the power and method ofamendment ofthe Constitution. 

 It lays down the election system and political rights of people. 

 It provides for independence ofjudiciary and rule of law. 

 The Constitution governs all and no one can violate its Riles. 

Every democratic Constituü)n guarantees to the citizens a protection against arbitrary governmental  actions. A democratic state, like India, has a written and supreme Constitution which binds its entire  people and their govemment. Constitutionalism: 

Meaning: 

The concept of Constitutionalism is that of a polity governed by or under a Constitution that ordains  essentially limited government and rule of law as opposed to arbitrary authoritarian or totalitarian na.le.  Constitutional government, therefore, should necessarily be democratic government. In other words,  Constitutionalism is a political philosophy in which the frnctions of government of a state must be in  accordance with the provisions of the Constitution meaning thereby the actions ofgovernment must  reflect Constitutionality. 

As the Constitutionalism is a political spirit or philosophy, so it is not necessary that the states who  have a Constitution must be embodied with the concept of Constitutionalism. According to Douglas 

Greenberg, Constitutionalism is a commitment to limitations on ordinary political power, it revolves  around a political process, one that overlaps with democracy in seeking to balance state power and  individual and collective rights, it draws on particular cultural and historical contexts from which it  emanates and it resides in public consciousness. 

Now to identify that whether Constitutionalism is present in India or not. It can be analyzed with the  help of various provisions of Constitution that are:- Preamble, Judicial Review, Rule of law, Separation  of power, Checks and balances and so on. There is no exhaustive list of features by which the validity  or existence ofConstitutionalism can be tested; but the every feature which limits the govemment and  proves helpft.l to establish a position of sovereignty under frndamental principles of Constitutional  jurisprudence may be a considerable point for Constitutionalism. 

In Indian context, Preamble may be a point to check the presence of Constitutionalism. Our  Constitution enacted on 26th November, 1949, since then, a question always a matter of great concern  that whether preamble is a part of Indian Constitution or not. However, in IH, Re æ, it was held that  preamble is not a part of Constitution but after a long time, In case of Kzhavanand Bhard v Sue ofKaala  (1973), 13 judges largest bench of Indian Constitutional history rejected previous contentions and  declared that “Preamble is a part of Indian Constitution”. 

Preamble explains the objectives of Constitution in two ways, one about the composition of bodies of  govemance and other about the objectives sought to be achieved in independent India. 

Objectives explained in preamble as follows:- 

 To constitute India into Sovereign, Socialist, Secular, Democratic Republic (words Socialist and Secular inserted by 42nd Constitutional Amendment, 1976) Other provisions ofpreamble that  are; Justice — Social, Economic, and Political; 

 Liberty — of thought, expression, belief, faith and worship; 

 Equality of status and opportunity; 

 Fratemity assuring the dignity of the individual and the unity and integrity ofthe nation (word unity  inserted by 42nd Constitutional Amendment,1976) may be invoked to determine the ambit of  Fundamental rights and Directive principles of state policy. 

According to Jude Sil&no, Preamble is the soul of the Constitution, without which a body in the form  of state cannot be survived. The objectives of Constitution ensure the dignified conditions for the people  of India and provide them all rights and liberties within ambit of fundamental spirit of Constitutionalism  embodied in entire body ofthe Constitution. E.g. Dr. Radhakrishnan, former President of India, has  explained secularism in this country, as follows:- 

When India is said to be a secular state, it does not mean that we reject the reality of an unseen spirit  or the relevance of religion to life or that we exalt irreligion. It does not mean that secularism itself  becomes a positive religion or that the state assumes divine prerogatives… ..we hold that not one  religion should be given preferential status… This view of religious impartiality, or comprehension and  forbearance, has a prophetic role to play within the National and International life. 

In other words, Secularism, which reflects no state religion, means every citizen has a right to profess  religion oftheir own choice, which promotes automatically liberty offaith and worship. In this way, It  can be surmised that preamble hold the spirit of Constitutionalism. 

Judicial review:

Judicial Review, however, this doctrine is not clearly stated in Indian Constitution but its reflection is  somewhere found in Article 13(2), Actua.lly, this doctrine was firstly introduced in 1803 by  Web”.züal.l m v. Madinn case, In USA where he clearly said that ‘It is the duty of judge to annul the  law made by the legislature which violated the Constitution or contrary to it. 

The similar spirit found in Article 13(2) of Indian Constitution that the laws “which are inconsistent to  part Ill ofConstitution shall be declared null and void”, but it is not clearly defined that ifany contrary  law made, then who will check its validity, then an answer comes into light in reference to Justice  Marshall that Judiciary can check such contrary acts ofleøslature and also can review the laws made by  legislature and also a concept of “Higher law” emerged from this doctrine, because a judge has to follow  the mandates or directions of Higher law while checking the consistency ofprovision. In witten  Constitution, Higher law depicts Constitution as Supreme but where there is no Constitution; there are  some principles which can be regarded as Supreme or Higher law principle. In v. dMadm (1950) has  upheld that it is diffcult to restrict the sovereign legislative power by judicial interference except so far  as the express provision ofwritten Constitution. It is only the witten provisions of Constitution which  may restrain leøslative power, but where there is no witten Constitution, then, who restrain leøslative  power, and then its answer is judiciary by following va.rious principles, precedents, customs, usages,  and different statutes can check the consistency. 

It clearly signifies that in absence of power of judicial review in hands of judiciary, judiciary is only a  puppet of legislators. Jusdæ Fmnh.ner said that judicial review, itself a limitation on popular  govemment, is a fundamental part of our Constitutional system; means if there is no power of judicial  review then the Constitution merely becomes a draft for the code of conduct for govemment as well as  citizens,  

Law without Sanction: 

However, this type of situation has been prevalent in India, till 2007, in different cases, such as %anhi  Prand case, Sajjan Singh case, Nath case, Kahavanand Bhard case, N.Ramchandra case, traced a picture  of conflict between legislature and judiciary, no clear cut demarcation of powers under which organs  of government can overview the validity of their actions for upholding the mne spirit of  Constitutionalism in a political entity could be realized. But the ua Pal case and LRCæ1ho v case 2007  have reshaped the whole demarcation and establish superiority ofprinciples . such as Basic Snucture  Theory enhancing the spirit ofConstitutionalism. In this way, by exercising Appellate and Advisory  jurisdiction, judiciary can secure uniformity in the interpretation and application of the Constitution as  amongst the states. 

“Rule of law”, 

“Rule of Law”, on its basis spirit of Constitutionalism can be present in a state. This doctrine is given  by dicey (a well known Constitutionalist of England) in 1865 wrote a book titled ‘An Inmducdon to the  law of the in which the term “Rule was given a comprehensive amplitude. In reality, it is a doctrine of  England where there is no written Constitution, so it is placed as a higher law there to check the velidity  of any law made by legislature. This doctrine shows that whatever law is present in our state, must be  N.led over everyone, meaning thereby the law is supreme in all respect and in every sphere. It clarifies  that ‘No one above the law’. Now a question arises, what the law is? The answer of this question resides  in two principles that are- 

 Due Process

 Procedure established by law. 

Due Process is a doctrine of USA, and its ambit is not defined comprehensively, but its sphere is to be  explained by judges as per the facts and circumstances ofthe case. It represents judicial supremacy and  also there is a danger for judicial autocracy because the court ifnot self restrained may go beyond the  limits set by the Constitution. But in India, there is a “Procedure established by law” doctrine prevails,  adopted from Constitution of Japan and clearly enshrined in Article 21 of Indian Constitution. It shows  parliamentary sovereignty because in India, law is made by the legislature, it restricts the judicial  supremacy and only infers right to do literal interpretation not statutory oflaws. There are a.lso some  other elements embedded in Rule of law, such as, Absence of arbitrary power on the part of  government, which is undoubtedly present in form of judicial review in which judiciary always look  after the actions of other organs of govemment. Equality of all persons in the eye of law, which can be  justified on the basis of provisions of Article 14-18 with some reasonable restrictions. Rules of  Constitutional law are the results of the ordinary law of the land means the laws made by legislature  must not be contrary to the provisions of Constitution, otherwise it will be declared as null and void. 

In England, Rule of Law flourished sovereignty of legislature, being unwritten Constitution there is no  higher law to circumscribe the plenary powers of the sovereign legislature but in India, there is written  Constitution and the concept of judicial review also present, so the doctrine of Rule of Law cannot be  assigned a paramount place. But to promote the spirit of Constitutionalism, the shadow of this doctrine  reflects in various provisions of Indian Constitution in the form of fundamental principles of natural justice. 

Separation of power: 

In India, under Article 245,246 and Schedule VII there is a clear demarcation of legislative power  among union and state government, under Articles 256-263 administrative relations are also clearly  defined, and under Article254 if there is any inconsistency between centre and state laws, then central  law prevails, under Article 264-291 fiscal relation between centre and state is given, meaning thereby  there is a rare chance of clash between union and states, so that public policies can be properly  implemented as per the requirements of the people. As the powers of centre and state clearly divided,  so there is no space to use arbitrary powers over any subject. Generally, subjects which have national  importance vests in Union list and those have regional importance vests in State list and for the  establishment ofunity and integrity in the nation, Concurrent list is made in which for universalization  of laws, central government made law but according to the requirements of a particular region, state  legislature may make any amendment in the provision. In this way, this feature also promotes the spirit  of Constitutionalism. 

Cue Laws where principle of ‘Constitutionalism’ is legally recognized by  Supreme Court — 

In I.R Cælho By LRs. v. Sue of Tamil Nadu and 0m (1999) view taken by the Supreme Court – The  Constitution is a living document. The Constitutional provisions have to be construed havirig regard to  the march of time and the development oflaw. It is, therefore, necessary that while construing the  doctrine ofbasic structure due regard be had to various decisions which led to epansion and  development of the law. 

The principle of Constitutionalism is now a legal principle which requires control over the exercise of  Governmental power to ensure that it does not destroy the democratic principles upon which it is based.  These democratic principles include the protection offundamental rights. The principle  ofConstitutiona.lism advocates a check and balance model of the separation of powers, it requires a  diffusion of powers, necessita&ag different independent centers ofdecision making. The principle  ofConstitutionalism underpins the principle oflegality which requires the Courts to interpret leØslation  on the assumption that Parliament would not wish to legislate contrary to frndamental rights. The  Legislature can restrict ftndamental rights but it is impossible for laws protecting frndamental rights to  be impliedly repealed by future statutes. Court described Common Law Constitutionalism in precise 

manner which may reveal our vehement exigencies. The protection of fundamental Constitutional  rights through the common law is main feature of common law Constitutionalism. 

In Rameshwar Prasad and 0m v. Union of India and Anz (2006) it was observed that “The  Constitutionalism or Constitutional system of Government abhors absolutism – it is premised on the  Rule of Law in which subjective satisfaction is substituted by objectivity provided by the provisions of  the Constitution itself.”Moreover, when our theories have been glorified with such emblazonment why  in execution part it is sterile. We are just enriching our theories with intellectual twists which can be  exemplified as — 

Constitutionalism is about limits and aspirations. According to Justice Brennan, interpretation of the  Constitution as a written text is concemed with aspirations and fundamental principles. In his Article  titled ‘&.llenge to the Living Constitution’ by Herman Belz, the author says that the Constitution  embodies aspiration to social justice, brotherhood and human d.iY1ity. It is a text which contai.ns  ff.ndamental principles. Fidelity to the text qua fundamental principles did not limit judicial decision  ma.king. The tradition ofthe Constitutionalism makes it possible to apply concepts and doctrines not  recoverable under the doctrine of unwritten living Constitution. 

Salient features of Indian Constitution: 

The Constitution of India has some distinct and features as compared to other Constitutions to the world.  As Dr. B.R. the Chairman of the Drafting Committee puts it, the framers had tried to accumulate and  accommodate the best features ofother Constitutions, keeping in view the pecu.liar problems and needs  of our country. 

The following are the salient features of the Constitution of India. 

I. Longest written Constitution 

Indian Constitution can be called the largest written Constitution in the world because of its contents.  In its original form, it consisted of 395 Articles and 8 Schedules to which additions have been made  through subsequent amendments. At present it conüi.ns 3% Articles and 12 Schedules, and more than  amendmeno. There are various factors responsible for the long size ofthe Constitution. One major  factors was that the framers ofthe Constitution borrowed provisions form several sources and several  other Constitutions of the world. 

‘They have followed and reproduced the Govemment oflndia Act 1935 in providing matters  ofadministrative detail. Secondly, it was necessary to make provisions for peculiar problems of India  like scheduled castes, Scheduled Tribes and backwar# regions. Thirdly, provisions were made for  elaborate centre-state relations in all aspects of their administrative and other activities. Fourthly, the  size of the Constitution became bulky, as provisions regarding the state administration were also  included. Further, a detail list ofindividual rights, directive principles of state policy and the details of  administration procedure were laid down to make the Constitution clear and unambiguous for the  ordinary citizen. Thus, the Constitution of India became an exhaustive and lengthy one. 

Il. Partly Rigid and Partly Flexible 

The Constitution of India is neither purely rigid nor purely flexible. There is a harmonious blend of  rigidity and flexibility. Some parts of the Constitution can be amended by the ordinary law-making  process by Parliament. Certain provisions can be amended, only when a Bill for that purpose is passed  in each house of Parliament by a majority ofthe total membership ofthat house and. by a majority ofnot  less than twothird ofthe members ofthat house present and vodng. Then there are certain other  provisions which can be amended by the second method described above and are ratified by the  legislatures of not less than one-half ofthe states before being presented to the President for his assent. 

It must also be noted that the power to initiate bills for amendment lies in Parliament alone, and not in  the state legislatures. 

Pundit Nehru expressed in the Constituent Assembly, “While we want the Constitution to be as solid  and permanent as we can make it, there is no permanence in Constitution. There should be certain  flexibility. If you make anything rigid and permanent, you stop the nation’s growth, the growth of a  living, vital organic people.” 

Ill. Republic 

India is a democratic republic. It means that sovereignty rests with the people of India. They govern  themselves through their representatives elected on the basis ofuniversal adult franchise. The President  of India, the highest omcial ofthe state is elected for a fixed term. Although, India is a sovereign  republic, yet it continues to be a member of the Commonwealth of Nations with the British Monarch  as its head. Her membership of the Commonwealth does not compromise her position as a sovereign  republic. The commonwealth is an association of free and independent nations. The British Monarch  is only a symbolic head of that association. 

IV. Parliamentary System of Govemment 

Ind.ia has adopted the Parliamentary system as found in Britain. In this system, the executive is  responsible to the legislature, and remains in power only as long and it enjoys the confidence of the  legislature. The president of India, who remains in offce for five years is the nominal, titular or  Constitutional head. The Union Council ofMinisters with the Prime Minister as its head is drawn from  the leéslature. It is collectively responsible to the House of People (Lok Sabha), and has to resign as  soon as it loses the confidence ofthat house. The President, the nominal executive shall exercise his  powers according to the advice ofthe Union Council of Ministers, the real executive. In the states also,  the government is Parliamentary in nature. 

V, Federation 

Article 1 of the Constitution of India says, “India, that is Bharat shall be a Union of States.” Though  the word ‘Federation’ is not used, the government is federal. A State is federal when (a) there are two  sets of govemments and there is distribution of powers between the two, (b) there is a written  Constitution, which is the supreme law ofthe land and (c) there is an independent judiciary to interpret  the Constitution and settle disputes benveen the centre and the states. All these features are present in  India. There are two sets ofgovemment, one at the centre, the other at state level and the distribution  ofpowers between them is quite detailed in our Constitution. The Constitution of India is written and  the supreme law ofthe land. At the apex of single integrated judicial system, stands the Supreme Court  which is independent from the control of the executive and the legislature. 

But in spite of all these essential features ofa federation, Indian Constitution has an unmistakable  unitary tendency. M/hi.le other federations like U.S.A. provide for dual citizenship, the India  Constitution provides for single citizenship. There is also a single integrated judiciary for the whole  county. The provision of All India Services, like the Indian Administrative Service, the India Police  Service, and Indian Forest Service prove another unitary feature. Members ofthese services are  recruited by the Union Public Sew-ice Commission on an Al-India basis. Because these services are  controlled by Union Government, to some extent this constitutes a constraint on the autonomy of  states. 

A significant unitary feature is the Emergency provisions in the Indian Constitution. During  the time of emergency, the Union Government becomes most powerfial and the Union  Parliament acquires the power ofma.king laws for the states. The Govemor placed as the  Constitutional head of the state, acts as the agent ofthe centre and is intended to safeguard the  interests of the centre. These provisions reveal the centra.lizing tendency ofour federation.

ho” KC W%ære has rightly remarked that Indian Constitution provides, “a system of government which  is quasi-federal, a unitary state with the subsidiary unitary features”. The framers ofthe Constitution  expressed clearly that there exists the harmony of federalism and the unitary. Dr. “The political system  adopted in the Constitution could be both unitary as well as federal according to the requirement oftime  and circumstances”. We can say that India has a “Cooperative federalism” with central guidance and  state compliance.