Indian Constitution possesses several federal features
Written Constitution
- Federalism requires a written Constitution.
- There are many governments in any federal system and for their smooth and friction-free functioning their powers must be stated in crystal clear terms.
- The powers and functions of the States must be clearly defined.
Supremacy of the Constitution
- The Constitution must be the supreme legal document in the country.
- All governments must follow the terms and conditions, and procedures contained in the Constitution.
- No government can claim powers above the Constitution.
Distribution of Powers
- The distribution of powers between centres and States is the cardinal principle of any federal system.
- Indian Constitution distributes powers between the two levels of government in a comprehensive scheme.
- There are three lists of power distribution unlike in the classical federalism of the American Constitution where there is only a single mode of distribution.
Bicameralism
- The federal Constitutions provide for bicameralism.
- It refers to parliament having two houses.
- Indian Parliament is bicameral as it consists of two houses.
- The upper house is called RajyaSabha or Council of States while the lower house is known as LokSabha or House of the People.
- The Council of States is the guardian of States’ rights and it consists of the representatives of the States.
- All over the world, the upper house is deemed to be the protector of States’ rights and interests.
Rigidity of Constitution
- A Constitution will be called a rigid Constitution if its provisions can be amended only through a special process of Constitutional amendment or through a separate amendment body and not through an ordinary legislative process.
- Federal Constitutions do not permit Constitutional changes through ordinary legislative processes.
- They prescribe a tougher, rigid process of an amendment like the greater majority.
- The rationale behind this rigidity is the desire to protect States’ rights.
- Article 368 in Part XX of the Indian Constitution provides a separate amendment procedure for amending Constitutional provisions and therefore our Constitution is rigid and to some extent protects the States.
Supreme Court
- Indian Supreme Court acts as the umpire of the federal system and protector of the Constitution.
- It possesses the powers of interpretation and adjudication.
- If any disagreement or contradiction arises between the Central and State Governments the Supreme Court resolves them.
- The Constitution endows the Supreme Court with Original Jurisdiction.
- It means that the Supreme Court alone possesses the exclusive powers to resolve any federal dispute between Union Government and State governments or among State governments.
- If a problem arises between Tamil Nadu and Union Government or between Tamil Nadu and any other State only Supreme Court has the power to resolve it.