Unitary features

1. Meaning: a federal system with a strong Union

Unitary features are constitutional arrangements that give the national government predominance or provide common institutions across the country. A purely unitary State ordinarily leaves the existence and powers of subnational governments to the central authority. India differs: the Constitution establishes Union and State governments, distributes legislative powers and provides judicial remedies against unconstitutional interference. Centralising provisions operate within this federal constitutional framework.

Article 1 calls India a Union of States. Explaining this formulation in the Constituent Assembly, B. R. Ambedkar emphasised that the Union was not created by an agreement among States and that States had no right to secede. K. C. Wheare’s description of India as quasi-federal is useful scholarly shorthand, not a constitutional label or a substitute for examining individual provisions.

Partition, integration of princely States, security concerns and the need for coordinated development helped shape the preference for a strong Union. However, strength at the Union level must not be confused with unlimited power. Constitutional supremacy, elected State governments, judicial review and the federal basic structure restrict centralisation. India can exhibit both cooperative federalism and serious Union–State conflict without ceasing to be federal.

• Federal features include divided legislative competence, constitutional supremacy, a written Constitution and an independent judiciary.
• The examination distinction is between Union predominance in specified situations and general constitutional subordination of States.

2. Legislative predominance of Parliament

Article 246, read with the Seventh Schedule, distributes subjects among the Union, State and Concurrent Lists. Its priority rules favour Union competence where legislative fields genuinely overlap, although courts first seek harmonious interpretation. Article 248 and Union List Entry 97 assign residuary subjects, including otherwise unenumerated taxes, to Parliament, subject to Article 246A. The latter, inserted by the 101st Amendment, establishes a special distribution of GST powers.

Several provisions allow parliamentary legislation on State subjects. Under Article 249, the Rajya Sabha may authorise this in the national interest by a resolution supported by at least two-thirds of members present and voting. Each resolution can operate for up to one year and can be renewed. Article 250 permits such legislation while a National Emergency operates. Laws under these routes cease to have effect, to the extent of the exceptional competence, six months after the relevant authorisation or Emergency ends.

Under Article 252, resolutions by the legislatures of two or more States permit Parliament to legislate for those States; other States may adopt the legislation later. Participating States cannot themselves amend or repeal that parliamentary law. Article 253 empowers Parliament to legislate for implementing treaties, international agreements and convention decisions, even where State subjects are involved.

Article 254 generally gives parliamentary law priority over an inconsistent State law in the Concurrent List. A State law reserved for and receiving presidential assent may prevail within that State over an earlier parliamentary law. Parliament can subsequently override it. This exception is a frequent source of Prelims questions.

• Article 249 depends on a special Rajya Sabha resolution, not State consent.
• Article 252 depends on State legislative resolutions, not a National Emergency.

3. State territories, constitutional amendment and representation

Under Article 3, Parliament may form new States, alter State boundaries or areas, and change State names. A Bill requires the President’s recommendation. Where a proposal affects a State’s area, boundaries or name, the President must refer it to that State legislature for its views within a specified period. Parliament is not bound by those views. Thus, States have constitutionally protected governments but no absolute guarantee of territorial integrity.

Article 4 permits associated changes to the First and Fourth Schedules and supplementary provisions. Such laws are not treated as constitutional amendments under Article 368 and ordinarily require a simple parliamentary majority. This contrasts with federations in which constituent units possess stronger vetoes over territorial alteration.

States cannot formally initiate a constitutional amendment under Article 368. Most amendments require parliamentary special majorities without State ratification. However, amendments affecting specified federal provisions require ratification by at least half the State legislatures. The Rajya Sabha gives States representation but not equal representation: seat allocation broadly reflects population. These arrangements favour the Union while retaining important federal safeguards.

• Consultation under Article 3 is mandatory where applicable; State consent is not.
• State ratification is required for specified federal amendments, not for every constitutional amendment.

4. Common institutions and administrative centralisation

India has single citizenship rather than separate Union and State citizenship. States operate under the common Constitution of India, unlike federations whose constituent units maintain separate constitutions. The judiciary is integrated, with the Supreme Court at its apex and High Courts exercising important constitutional jurisdiction. Integration does not mean judicial control by the Union executive; judicial independence protects both citizens and the federal division of powers.

Governors are appointed by the President under Article 155 rather than elected by State residents. Under Articles 200 and 201, reservation of certain State Bills for presidential consideration creates a channel of Union involvement in State legislation. Nevertheless, the Governor is a constitutional office, not an unrestricted political agent of the Union.

Article 312 enables the creation of All India Services after the Rajya Sabha passes the prescribed national-interest resolution. Officers serve in Union and State administrations, combining national recruitment standards with State-level responsibilities. Common institutions such as the Election Commission and the Comptroller and Auditor General further integrate governance.

Articles 256 and 257 permit Union directions in specified circumstances, including ensuring compliance with parliamentary laws. Financial arrangements also strengthen Union influence through major tax powers, transfers and conditional grants. However, Finance Commission recommendations under Article 280 and constitutional tax-sharing arrangements distinguish fiscal federalism from unfettered Union discretion.

• The Election Commission conducts elections to Parliament and State legislatures; local body elections fall under State Election Commissions.
• The Sarkaria and Punchhi Commissions recommended safeguards and consultation to improve Union–State relations.

5. Emergency centralisation and its limits

During a National Emergency under Article 352, Article 353 expands Union executive authority and Article 250 permits parliamentary legislation on State List matters. State governments and legislatures do not automatically disappear. The 44th Amendment replaced internal disturbance with armed rebellion as a ground for this Emergency and strengthened procedural safeguards.

Article 356 addresses failure of constitutional machinery in a State. A proclamation may provide for State legislative powers to be exercised by or under Parliament’s authority. It requires parliamentary approval and remains subject to constitutional duration limits. Article 355 imposes a Union duty to protect States against external aggression and internal disturbance and to ensure constitutionally conducted government, but does not justify unlimited intervention.

Article 360 permits a Financial Emergency where India’s financial stability or credit, or that of any part of its territory, is threatened. It enables directions concerning financial propriety and specified salary reductions. It has never been proclaimed.

In S. R. Bommai v. Union of India (1994), the Supreme Court affirmed federalism as a basic feature and made Article 356 proclamations reviewable. Legislative majority should ordinarily be tested on the floor of the House. The central lesson is that exceptional centralising powers are constitutional mechanisms, not licences to replace political opponents in State governments.

• Do not equate National Emergency, President’s Rule and Financial Emergency: their grounds and effects differ.
• A strong Union and constitutionally autonomous States coexist within India’s basic constitutional design.

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