A Critical Study Of Unitary And Federal Form Of Government In The Light Of Constitutionalism
- IJLLR Journal
- Jan 13
- 1 min read
Naveen N., Amity University, Noida
ABSTRACT
This paper takes a closer look, critically comparing unitary and federal forms of government, especially through the lens of constitutionalism, focusing on India’s constitutional framework. It dives into the theoretical underpinnings and unique characteristics of both unitary and federal systems, pulling in examples from countries like the United Kingdom and the United States. The analysis explores how key constitutional principles—like separation of powers, checks and balances, judicial independence, and the supremacy of the constitution—function in various governance structures.
A special emphasis is on Indian federalism, tracing its roots from the Government of India Act of 1935 all the way to how it’s been integrated into the Constitution of India. Even though the term “federalism” isn’t explicitly mentioned in the Indian Constitution, this paper points out how judicial interpretations have broadened and reinforced federal principles, especially through landmark cases like Kesavananda Bharati v State of Kerala, S. R. Bommai v Union of India, and State of Rajasthan v Union of India. The discussion critically examines how federal and unitary features coexist in the Indian Constitution, looking at aspects like emergency provisions, the appointment of Governors, and the centralized amendment process.
In conclusion, the paper argues that Indian federalism is not static; it’s a dynamic and evolving entity. It strikes a balance between constitutional decentralization and a strong central authority. The importance of cooperative federalism and judicial oversight is highlighted as crucial for upholding constitutionalism and ensuring that there’s a harmonious relationship between the Union and the States, especially in our ever- changing political and governance landscape.
