Federal state & it’s characteristics by Pratigya darpe

GkFederal features of Indian state
Is the Indian Constitution Federal , unitary or quasi-Federal ?
Members of the drafting committee of the constitution assembly of India called it federal. but there are jurists who dispute this title.
What is Federal constitution and what are its essential characteristics ?

There is no agreed definition of a federal state.
A federal state :-
A federation has well-established dual polity or dual government :- the Federal Government and the state government.
The force of the government is divided between the federal and state governments which are not subordinate to one another but co-ordinate bodies that are independent within their respective allotted spheres.
Therefore , existence of co-ordinate authorities independent of each other in the is the foundation of the Federal principle.
Five characteristics of a federal state :-
1. Distribution of powers:- an essential feature of a federal constitution is the distribution of powers between the central government and the governments of the several units (provincial governments) forming the Federation. Federation means the distribution of powers of the state among a number of co-ordinate bodies, each originating form and controlled by the constitution.
2. Supremacy of the constitution :- This means that the constitution should be binding on the federal and state governments. Neither of the two governments should be in a position to override the provisions of the Constitution relating to the powers and status which each is to enjoy . This requirement is satisfied in the Supremacy or overriding athority in accorded only to the provisions relating to the division of powers. Other provisions of the constitution, which do not relate to the relationship between the centre and the units ,need not to be supreme.
3. Written constitution :- The constitution must necessarily be a written document. It will be practically impossible to maintain the Supremacy of the constitution unless the terms of the Constitution have been reduced into writing.
4. Rigidity :- here rigidity does not mean that constitution is unamendable or not subject to change. It simply means that the power of amending the provision of the constitution which regulate the status and power of the Federal and state government should not be confined exclusively either to the federal or state governments ,but must be a joint at of both . As regards the provisions of the Constitution that are not concerned with the federal system there is no need to maintain the same rigidity.
5. Independent and impartial authority of court:- the legal Supremacy of the constitution which is an essential feature of a federal state makes it necessary that there must be an authority above both , the Federal Government and the component state governments to decide whether they are operating under the frame of constitution in the desired manner . This aspect involves two connected matters.
Firstly, there must be some authority, normally the courts of law to maintain the division of powers not only between the state governments but also between the Federal Government and state government the court of law are wasted with the powers to declare laws made by Federal or State Government , on the grounds of excess of power .
secondly ,to constitute a final Supreme Court which should not be dependent upon the federal or State Governments and should be armed with the final authority to interpret the constitution..
The Indian Constitution established a dual polity . The dual polity consists of the Union and the centre and the states , each is endowed with powers to be exercised in the field assigned to them respectively , by the constitution . The powers of the Union and the states are clearly the demarcated. The constitution is written and Supreme . Enactments in excess of the powers of the union of the state legislature are invalid . Moreover, an amendment which makes any change in the status or powers of the centre or the state legislature is invalid . further , any amendment which makes changes in the status of powers of the centre or the units is possible only with the concurrence of the Union and of a majority of the states. finally , the constitution establishes a Supreme Court to decide disputes between the Union and the states or between the states and to interrupt finally the provisions of the constitution.

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