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MODULE –III: The Nature of Indian Federal Government

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CONTENTS

3.0 Objectives
3.1 Introduction and Background
3.2 Features of Federal Government
3.3 Features of Unitary Government
3.4 Federalism in India
3.5 Union Government at the Centre Level
3.6 State Government at the State Level
3.7 Administration of the Union Territories
3.8 Local Government
3.9 Administration of special areas (Scheduled areas and Tribal Areas)
3.10 Summing Up

3.0 Objectives
After going through the contents, you will be able to:
i) Mention the meaning and features of Federal System of Government
ii) Narrate the meaning and features of Unitary System of Government
iii) Distinguish between the Federal and Unitary Features of the Government
iv) Explain the Federalism in India
v) Know the Union Government at the Centre Level
vi) Know the Government at the State Level
vii) List out the administration of the Union Territories
viii) Mention the Local Government
ix) Explain the Administration of Special Areas called the Schedule areas and Tribal
Areas

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3.1 Introduction and Background

Federalism is a concept that describes the qualities of society and keeps it articulated
and protected. It is designed at both the regional and the national levels to maintain unity among
the states and the country.

Federalism means different things to different people. It is a modernized concept, which

is generally followed in countries like the USA, Russia, Argentina, Canada, Brazil, and
Switzerland. The term “federation” is derived from the Latin word “Foedus” which means
‘Treaty or Agreement’. Thus, we can say that it is an agreement between two sets of
government i.e., Central and the state. Federalism is a method of dividing the powers so that
the regional and the central government are within their own sphere coordinating and are
independent, without any interference. The work “Federalism” has appeared in the Swiss and
the Australian Constitutions.

Federalism is a form that is followed by the federal government. The federal

government is a type of government in which the powers of government are divided at two
levels, that is at the national level and regional level. In the federal government, both these
levels operate independently within their jurisdictions. From both these levels of government,
the national government has more strength as compared to the regional level, but the strength
keeps on changing from time to time depending upon the social-economic and political
conditions of the country.

The unitary form of government is the opposite of the federal government where the
state is governed by the central government and has the power unified at a single level. In this
form of government, the decision of the central government is considered Supreme. The
majority of the states in the world have a unitary form of government. Around 165 of 193 UN
member states follow unitary government like Britain, France, Japan, China, Italy, Norway,
Sweden, Spain follows this system.

But India follows none of this form but is a combination of both these forms of
government. The Constitution of India is neither purely federal nor purely unitary but is a
combination of both as a federal government is the one in which the powers are divided at the
national and the regional level and both the levels operate independently, whereas in unitary

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government, the government is governed by a single power that is at the central level and the
final decision is taken by the central only.

Federalism generally has two aspects: static and dynamic, as it is a structure as well as
a process that defines the governing of a state.

3.2 Features of Federal Government

The various features of Federal Government can be given in the followings:

a) Dual government- This is one of the features of the federal government where the
government is present at two levels, that is, at the central and the state.
b) Division of powers – The powers in this form of government is divided between the
States and the centre.
c) Written constitution- A federal government has a written constitution, where all the
rules and regulations are already mentioned, and the citizens have to go by those rules
and regulations only. This constitution defines the structure, the powers of each level,
and the organization of these levels.
d) Rigid Constitution- This is one of the features of federalism, which means that the
amendments to the constitution cannot be made easily, but can only be amended by
joint action of both the houses or by any other independent authority.
e) Independent Judiciary- Since, in the federal government, the powers are divided at
two levels, and both the levels are independent of their powers, so the judiciary for these
are also independent, i.e., without interference. Example- In the USA, there is a federal
government, that is for each state there is a separate supreme court, and no two states
interfere with the powers of each other.
f) Bicameral Legislature- Since, in federalism, the government is divided into two
powers, so to make the work easier, it follows a bicameral legislature, that is, two
houses of parliament. Example- In India, the parliament is bicameral, i.e., it has two
houses, Lok Sabha and Rajya Sabha.
g) The supremacy of the Constitution- Since it has a rigid constitution, the constitution
is always considered supreme and stands at top of all laws for both the national and the
state governments.

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3.3 Features of Unitary Government

Unlike the federal government, which has two levels of government, a written
constitution, etc, the unitary form of government is opposed to it, with different features.

a) Strong Centre: Since, in unitary government, there is only one level of the government,
so that government is considered the strongest, and all the decisions given by the
government are considered final. Example: In India, unitary features of government is
followed, where the centre is given more power as compared to the state.
b) Single Constitution: Unlike, in the federal government, who have the right to make
their constitution, the unitary government does not allow the right to make your
constitution.
c) The flexibility of the constitution: As compared to the federal government, the
constitution is rather more flexible, and making changes to the constitution is not a
difficult task.
d) Single Citizenship: Unlike in the federal government, which provides you with dual
citizenship, one of the states and one of the countries, but a unitary form of government
allows citizenship for a country. It does not provide dual citizenship to any of its
citizens. Example: In India, single citizenship is prevalent, unlike in the USA, where a
person gets dual citizenship.
e) Existence of Union Territories: Union Territories are although sometimes considered
a different state, they are not independent, but are governed by the central government.
f) Emergency Provision: Even in a unitary form of government, emergency provisions
exist which are absent in the federal government.
g) Appointment of Governor by President: Governor is the head of the state, and with
this, the appointment of the governor must be done by the state government, but the
appointment is done by the President which is a complete violation of federalism.
h) Single Unified Judiciary: Unlike in federal government, were due to the two levels,
the judiciary was independent, and none of the states’ judiciary interfered with the
other, but in unitary government, only a single unified judiciary is present, that is, for
any case, the final decision will be of the judiciary. Example: In India, a system of a
single unified judiciary is followed, where the apex court is the Supreme Court, and the
judgment given by the Supreme Court is considered final.

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i) Centralized Election Machinery: There is only one election commission committee

that conducts elections in both the centre and state.

3.4 Federalism in India

Since Indian constitution is the bag of borrowings, where the features are borrowed
from several country’s constitution. The feature of Federalism is borrowed from Canada, where
centre vests more power than the state.

Indian federalism was developed in order to build a strong united India and to uphold
the values of national unity, cultural diversity, democracy, regional autonomy and rapid socio-
economic transformations collectively in the entire state. From the beginning of the Regulating
Act, 1773 to the Government of India Act, 1935, Indian Federalism was there, but the form of
government that was followed was unitary and all the powers were conferred with the viceroy
and the secretary of India. The process of decentralization of powers in India took place during
the Montagu-Chelmsford Reforms, 1919. Through these reforms, the federal idea for India was
expressed. During the declaration of 20th August, 1917, the establishment of a responsible
government started to took place. Then, at a later stage, the federal solution was found in the
Indian Statutory Commission’s Report, 1929 as it recommended a council for a larger and a
greater India. So, the council included the Indian representatives and several Indian states,
where the Viceroy was made the President. Later, a Round Table conference for the federal
idea was also held at London in 1930. The Indian National Congress was out of this session.
Tej Bahadur Sapru proposed the idea of a responsible self-government in the All India
Federation.

The Government of India Act, 1919 was a stepping stone for India to lay the foundations
for Indian Federalism. Gandhi-Irwin pact was also signed on 5th March, 1931, where Gandhi
agreed to a federation. The Nehru Report also foreseen that the Indian Constitution should be
of federal nature. The present constitution is a carbon copy of the Government of India Act,
1935- the blue print of the act, i.e., the current constitution has several elements from the
Government of India Act, 1935.

In the case S.R.Bommai v Union of India, the federalism model followed in the US is
invoked, thereby making it clear that it is a federation of states. Hence, are independent,
sovereign in their territories. The territories in the federation of the states cannot be altered, but

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in India, the parliament has the power to admit new states, create new states, alter their
boundaries and names, unite or divide the states. The court also noted the existence of several
provisions of the constitution, that allowed the centre to override the powers of the state. In
India, the residuary powers of legislation, i.e., to make law is not specified in the constitution,
but in the US, the residuary powers are with the states. Thus, due to the mixture of features of
the Indian Constitution with that of both federal and unitary form of government, the Indian
Constitution is a “quasi-federal” constitution.

3.5 Union Government at the Centre Level

3.5.1 The President

The President of India is part of the Union Executive, along with the Prime Minister
and his Council of Ministers.
3.5.1.0 Qualifications for President of India

a) He/she should be a citizen of India;

b) should have completed the age of 35 years;
c) should be qualified to be elected as a member of Lok Sabha;
d) should not hold any office of profit i.e. the candidate should not be a
government servant. (The office of the President, the Vice-President, the Governor
or the Minister of the Union or the State is not considered as an office of profit for
this purpose).

3.5.1.1 The procedure of Election of President

a) The President is elected by an Electoral College -elected members of both Houses of

Parliament i.e. Lok Sabha and Rajya Sabha and of the State Legislative Assemblies.
b) Nominated members of Parliament and members of State Legislative Councils are
not a part of the Electoral College.
c) The election is held by a single transferable vote system of proportional
representation.
d) The voting is done by secret ballot.
e) Names of all the candidates are listed on the ballot paper and the elector gives them
numbers preferences. Every voter may mark on the ballot paper as many preferences
as there are candidates. Thus, the elector shall place the figure “1 ” opposite the name
of the candidate whom he/she chooses for first preference and so on.

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f) To be elected, a candidate must get more than 50% of the total valid votes polled. This is
known as Quota. The Quota is determined by calculating the total number of votes
polled divided by the number of candidates to be elected plus one.
g) In the first count, only first preference votes are counted. If any candidate reach the
quota, he/she is declared elected.
h) In case no candidate reaches the quota in the first round, then the 2nd preference votes
of the candidate getting the least number of first preference votes are transferred to
other candidates. Thus the candidate getting the least number of votes is eliminated. If
after counting, a candidate reaches the quota, he/she is declared elected as the President.
This continues till any one candidate gets the quota of votes.

3.5.1.2 Oath: The President has takes an oath of office in the presence of the Chief Justice of
India.

3.5.1.3 Tenure: The President has a term of five years and is eligible for re-election. He/she
can resign prior to the expiry of his term, or his office may fall vacant due to his/her death. For
all purposes, his term of office is said to commence from the date he takes the oath of office.

3.5.1.4 Privileges of the President

1. The President is not answerable to any court of law for the exercise of his functions.
2. The President can neither be arrested nor can any criminal proceedings be
instituted against him in any court of law during his tenure.
3. The President cannot be asked to be present in any court of law during his tenure.
4. A prior notice of two months time is to be served before instituting a civil case
against him.

3.5.1.5 Functions and Powers of the President

These are divided into three heads-

a) Executive powers
b) Legislative powers
c) Financial powers

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3.5.1.5.1 Executive Powers of the President of India

a) All decisions of the Union Government are communicated to him/her by the Prime
Minister.
b) All the functions are performed by the President on the advice of the Prime Minister.
c) All officials appointed by him/her (such as Governors and Ambassadors) may be
removed or recalled by him/her, on the advice of the Union Council of Ministers.
d) All laws enacted by the Union Parliament are enforced by him/her.
e) All diplomatic work is conducted in his/her name (by the foreign office and Indian
envoys abroad), and all international treaties are negotiated and concluded in his/her
name.
f) The President appoints India’s ambassadors and high commissioners in other
countries, and the President receives foreign ambassadors and high commissioners.
g) The President can declare war and make peace.
h) In his/her capacity as head of state, the President conducts the country’s foreign
affairs.
i) The President is the Supreme Commander of the armed forces. He/she makes
appointments of Chiefs of Army, Navy, and Air Force.
j) The President appoints the Attorney General, the Comptroller and Auditor General of
India, the Chief Election Commissioner and other Election Commissioners, the
Chairman and Members of Union Public Service Commission (U.P.S.C.).
k) He/she also appoints the Governors of States and Lt. Governors of
Union Territories. All such appointments are made on the advice of the Union
Cabinet.
l) The President appoints the Chief Justice and other judges of the Supreme Court and
High Courts, the Chief Justice of India is consulted in these appointments.
m) He allocates portfolios among the ministers on the advice of the Prime Minister. He
may remove any Minister on the advice of the Prime Minister.
n) The President appoints the Prime Minister and he appoints other ministers on
the advice of the Prime Minister.

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3.5.1.5.2 Legislative Powers of the President of India

a) The President summons and prorogues the Houses of Parliament. He summons

the Parliament at least twice a year, and the gap between two sessions cannot be more
than six months.
b) The President has the power to dissolve the Lok Sabha even before the expiry of its
term on the recommendation of the Prime Minister.
c) The President nominates twelve members to Rajya Sabha from amongst persons having
special knowledge in the field of literature, science, art and social service.
d) The President may also nominate two members of the Anglo-Indian community to the
Lok Sabha in case that community is not adequately represented in the House.
e) The President can call a joint sitting of the two Houses of Parliament in case of a
disagreement between Lok Sabha and Rajya Sabha on a non-money bill.
f) The President has the right to address and send messages to Parliament. The President
addresses both Houses of Parliament jointly at the first session after every general
election as well as the commencement of the first session every year. These addresses
contain policies of the government of the day.
g) Every bill passed by Parliament is sent to the President for his/her assent. The
President may give his/her assent, or return it once for the reconsideration of the
Parliament. If passed again the President has to give his/her assent.
h) Without his/her assent no bill can become a law.
i) The President may promulgate an ordinance when the Parliament is not in session. The
ordinance so issued has the effect of a law.
j) Such ordinance should be laid before both Houses of Parliament when they reassemble.
If no action is taken, it automatically lapses six weeks after the commencement of the
next session of Parliament.

3.5.1.5.3 Financial Powers of the President

1. All money bills are introduced in the Lok Sabha only with the prior approval of the
President.
2. The President has the control over Contingency Fund of India. It enables the
government to advance money for the purpose of meeting unforeseen expenses.

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3. Contingency Fund of India: It is a fund kept by the Union Government to meet any
unforeseen expenditure for which money is immediately needed. The President has full
control over this Fund. The President permits withdrawals from this Fund.
4. Annual budget and railway budget are introduced in the Lok Sabha on the
recommendation of the President.
5. Money bills are never returned for reconsideration.
6. The President appoints the Finance Commission after every five years. It makes
recommendations to the President on some specific financial matters, especially the
distribution of Central taxes between the Union and the States.
7. The President also receives the reports of the Comptroller and Auditor-General of India
and has it laid in the Parliament.

3.5.1.5.4 Miscellaneous powers

• The President, as head of state, can pardon a criminal or reduce the punishment or
suspend, commute or remit the sentence of a criminal convicted by the Supreme Court
or High Courts for an offence against the federal laws.
• The President can also pardon a person convicted by a Court Martial. His/her power
of pardon includes granting of pardon even to a person awarded death sentence. But,
the President performs this function on the advice of Law Ministry.

3.5.1.6 Removal of the President

It is done by impeachment, a quasi-judicial procedure, on the grounds of the violation

of the Constitution. The President can be removed through impeachment. The Constitution lays
down a difficult procedure for the impeachment of the President. He can only be impeached
‘for violation of the Constitution’.

The procedure of impeachment of President of India

a) The resolution to impeach the President can be moved in either House of

Parliament after a notice has been given by at least one-fourth of the total number of
members of the House.
b) Such resolution must be passed by a majority of not less than two-thirds of the total
membership of that House before it goes to the other House for investigation.

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c) The charges leveled against the President are investigated by the second House.
d) President has right to be heard or defended when the charges against him are being
investigated. He may defend himself in person or through his counsel.
e) If charges accepted by two-thirds majority of the second House, the President stands
removed from the office from the date of resolution passage.

3.5.2 The Vice-President

The Constitution of India has provision for the office of the Vice-President. He
occupies the second highest office in the country. This post has been based on lines of the
American Vice President. He is given a rank next to the President of India in the official
Warrant of precedence.

3.5.2.1 Election of Vice President of India

a) Like the President, the Vice-President of India is elected indirectly by an electoral

college consisting of elected and nominated members of both Houses of Parliament.
b) His electoral college does not include members of state legislative assembly.
c) It is done on the basis of proportional representation by means of single
transferable vote system.
d) The voting is held by secret ballot.
e) The Vice-President cannot be a member of either Houses of Parliament, or of a State
Legislature.

3.5.2.2 Qualifications of Vice-President of India

a) He/she has to be a citizen of India, who should not be less than 35 years of age,
b) He should not hold any office of profit
c) He/she should be eligible to be elected as a member of the Rajya Sabha.

3.5.2.3 Term of Vice President of India

The Vice-President holds the office for five years. He/she can even resign from the
office before the expiry of five years by writing to the President.

3.5.2.3 Removal of the Vice President

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Though he/she cannot be impeached like the President. The Vice President can be
removed before five years if a resolution to this effect is passed by a majority of members of
Rajya Sabha and agreed to by the Lok Sabha.

3.5.2.4 Functions of the Vice-President

a) The Vice-President is the ex-officio Chairman of Rajya Sabha which means that
he/she presides over the Rajya Sabha and performs normal duties of a presiding officer.
b) As the chairman he/she performs functions such as maintenance of order in the House,
allowing members to speak and ask questions, and putting bills and motions to vote.
c) The Vice-President is not a member of the Rajya Sabha, so he/she cannot vote in the
House. But, in case of a tie, He/she exercises his/her casting vote so that a final decision
can be reached.
d) In case of a vacancy in the office of the President of India, either due to death,
resignation or impeachment, the Vice-President officiates as the President (for not more
than six months).
e) During that duration, he enjoys all powers of the President and does not act as the
Chairman of Rajya Sabha.
f) He also temporarily discharges the functions of the President in case the President is
temporarily unable to discharge his/her functions, without becoming officiating
President.

3.5.2.5 Emoluments and Salary of the Vice President of India

His/her salary as ex-officio chairman of Rajya Sabha is Rs 1.25 lakh per month.
Additionally, he also gets a daily allowance, free furnished residence, medical, travel, and other
facilities. But, during his discharge of duties as the President, he gets emoluments and
privileges of the President of India.

3.5.2.6 Pension

The Vice-President receives 50% of the salary as pension after retiring from the office.

3.5.3 The Prime Minister

It is mentioned in the Constitution that – the executive powers of the President are to
be exercised by the Council of Ministers. “There shall be a Council of ministers with the Prime
Minister at the head to aid and advise the President in the exercise of his functions”. Here the

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word “shall” means that the President cannot function without the Council of Ministers. This
implies that, the President is the constitutional head of State, but the real head of the
government is the PM.

The Prime Minister has a special status both in the Government and in the
Parliament. This makes him/her the most powerful functionary. His/her position and powers
depend upon his/her personality.

3.5.3.1 Appointment of the Prime Minister

The Prime Minister is appointed by the President, but he does not have his discretion in that
appointment.

a) Normally the President has to invite leader of the majority party in the Lok Sabha to
form the government.
b) In case no single party gets a clear majority, the President invites the individual
commanding the support of two or more parties which make up majority in the Lok
Sabha.
c) The Prime Minister is usually a leader of the majority party in Lok Sabha. However,
there have been cases in past where a member of Rajya Sabha was appointed as the
Prime Minister. For example, Mrs. Indira Gandhi was first appointed as Prime Minster
in 1966, and Mr. I. K. Gujral in 1997 or when Rajya Sabha member Dr. Manmohan
Singh became the Prime Minister in 2004. In 1996 H.D. Deve Gowda was not a
member of any House yet he was appointed PM, he later entered the Rajya Sabha.
d) The Prime Minister decides portfolios of the Ministers, and can alter these at his
will. The Prime Minister presides over the meetings of the Cabinet. The Prime Minister
has the authority to reshuffle the portfolios of the Ministers or even ask for their
resignation.
e) In case of resignation or death of the Prime Minister the entire Council of Ministers
also goes out of office. This is because the Council of Ministers is created by the Prime
Minister, who also heads it. The entire Council of Ministers is responsible to the Lok
Sabha.

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3.5.3.2 Term of the Prime Minister

Once appointed, the Prime Minister holds office so long as he/she enjoys the support
of the majority of members of Lok Sabha. He cannot be removed by the President. If he loses
the majority support in the Lok Sabha, he should resign or the President must dismiss him.

3.5.3.3 Powers and Functions of the Prime Minister

a) The Prime Minister is the most important and powerful functionary of the Union
Government.
b) The Prime Minister is the head of the Council of Ministers.
c) He selects the Ministers to be sworn in by the President. The Ministers are chosen by
the Prime Minister and they remain Ministers as long as they enjoy the confidence of
the Prime Minister.
d) The Prime Minister distributes portfolios among Ministers. He can change the
portfolios whenever he desires.
e) The Prime Minister can drop a Minister or ask for his/her resignation also.
f) The Prime Minister presides over the meetings of the Cabinet and also conducts its
proceedings.
g) He is the head of the Cabinet, he/she mainly influences the decisions of the Cabinet.
h) The Prime Minister also co-ordinates the working of various ministers.
i) Prime Minister serves as the link between the President and the Cabinet.
j) The decisions of the Cabinet are conveyed to the President by the Prime Minister. He
keeps the President informed of all the policies and decisions of the Government.
k) In fact, no Minister can meet the President without the permission of the
Prime Minister.
l) All important appointments are made by the President on the advice of the
Prime Minister.
m) The President summons and prorogues the session of the Parliament and even
dissolves the Lok Sabha on the advice of the Prime Minister.
n) The Prime Minister is the “principal spokesman” and defender of the policies of
the Government in the Parliament. When any Minister is unable to defend his/her
actions properly, the Prime Minister comes to the help of that Minister both inside and
outside the Parliament.

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o) The Prime Minister is the leader of the nation. The nation looks to his/her
for guidance.
p) In fact, at the time of general elections, it is the Prime Minister who seeks the mandate
of people.
q) The Prime Minister plays an important role in the formulation of domestic and foreign
policies. All international agreements and treaties with other countries are done with
the consent of the Prime Minister.

3.5.3.4 Emoluments of the Prime Minister

a) The salary and allowances of the Prime Minister are determined by the Parliament. He
receives salary and allowances that are payable to a Member of Parliament.
b) He receives sumptuary allowance, free accommodation travel allowance, medical
facilities in addition to his salary.

Hence it can be concluded that, the Prime Minister is not only a leader of the Parliament
but also the leader of the nation. The Prime Minister has to secure the willing cooperation and
coordination of all important members of the Parliament as well as State Legislature. But in a
minority government, the Prime Minister has to depend on outside support that might act as
hindrance in his effective functioning. This happened in last decade of UPA administration
government, where political compulsions stalled the reforms and effectively slowed down the
growth of the economy.

3.5.4 Union Council of Ministers

Council of Ministers with the Prime Minister as its head are provided by the Article
75 of the Indian Constitution which lays down the basic rules regarding the organisation of
the Union Council of Ministers. The Council of Ministers has a strong and central position as
the real and powerful executive in the Indian political system. All the powers of the President
of India are really exercised by the Council of Ministers.

3.5.4.1 Appointment of Council of Ministers

According to Article 75 of the Indian Constitution, council of ministers are selected by

the Prime minister. The President appoints them thereafter. While selecting the ministers, the
PM keeps in mind that due representation to different regions of the country, to various

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religious and caste groups. In a coalition government, the members of coalition parties have to
be given due representation in the Council of Ministers according to political compulsions.

3.5.4.2 Eligibility for being a Union Minister

a) In order to be a Minister, a person has to be a member of either of the two Houses

of Parliament.
b) However, even if a person is not a member of any of the two Houses, he can become
a Minister for a period of six months.
c) Within six months the Minister has to get himself/herself elected to either House of
Parliament, failing which he/she ceases to be a Minister.

3.5.4.3 Categories of Ministers

The Council of Ministers consists of three category of ministers. These are: Cabinet
Ministers, Ministers of State and Deputy Ministers.

a) Cabinet Ministers: The Cabinet Ministers are usually senior members of the
party/coalition of parties.
b) Ministers of State (MoS): The Ministers of State are ranked next to the Cabinet
Ministers. Some of the Ministers of State have independent charge of a department
while other Ministers of State only assist the Cabinet Ministers.
c) Deputy Ministers: Deputy Ministers are also appointed to assist the Cabinet Ministers
or the Ministers of State. No Deputy Minister holds an independent charge of any
department.

Ministers other than Cabinet Ministers normally do not attend the meetings of the Cabinet.
All policy matters are decided by the Cabinet.

3.5.4.4 Council of ministers and the Cabinet

The terms Council of Ministers and ‘The Cabinet’ are often confused with each other
often. In reality, they are not inter-changeably. tI should be mentioned that, prior to the
44th Amendment Act of the Constitution, the word ‘Cabinet’ was not mentioned in the
Constitution.

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3.5.4.5 Difference between Council of Ministers and Cabinet Ministers

Let us firstly distinguish between the Council of Ministers and the Cabinet Ministers.

a) The Council of Ministers consists of all category of Ministers in the Parliament i.e.,
Cabinet Ministers and Ministers of State and also Ministers of State with independent
charge. The Cabinet on the other hand consists of Senior Ministers only.
b) The Cabinet varies in number from 15 to 30 while the entire Council of Ministers can
consist of even more than 70.
c) The Council of Ministers as a whole rarely meets. The Cabinet on the other hand meets
as frequently as possible.
d) It is the Cabinet that determines the policies and programmes of the Government and
not the Council of Ministers.

Thus, ‘Cabinet is an inner body within the council of Ministers. It acts in the
name of the Council of Ministers and exercises all powers on its behalf.

3.5.4.6 Powers and Functions of the Cabinet

a) The Cabinet has immense powers and multiple responsibilities.

b) All the executive powers of the President are exercised by the Cabinet headed by the
Prime Minister.
c) The Cabinet regulates and formulates the internal and external policies of the country.
d) It takes all major decisions regarding defense and security of the country.
e) The Cabinet is also responsible for the Ordinances by the President when the Parliament
is not in session.
f) It also forms policies to provide better living conditions for the people.
g) Cabinet also has control over the national finance.
h) The Cabinet is responsible for whole of the expenditure of the government as well for
raising necessary revenues.
i) The Cabinet prepares the text of President’s address to the Parliament.
j) The sessions of the Parliament are convened by the President on the advice of the
Cabinet conveyed to him through the Prime Minister.
k) The Cabinet also prepares the agenda of the sessions of the Parliament.

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3.5.4.7 Responsibility of the Council of Ministers

Constitutionally speaking, the Ministers stay in the office during the pleasure of the
President which means till they are in agreement with the Prime Minister. But, they are
responsible to, and removable by the Lok Sabha.

Actually the Constitution has mentioned that the Council of Ministers shall
be responsible to the Lok Sabha (and not to both the Houses). This is because ministerial
responsibility is the essential feature of parliamentary form of government. The principle of
ministerial responsibility has two dimensions: collective responsibility and individual
responsibility.

3.5.4.7.1 Collective Responsibility-

The Constitution of India clearly states that “The Council of Ministers shall be collectively
responsible to ‘House of the People”. It means that the Ministers are responsible to the
Lok Sabha collectively. The essence of collective responsibility is that, ‘the Minister must
vote with the government, speak in defense of it if the Prime Minister insists, and he/she
cannot afterwards reject criticism of his act, either in Parliament or in the constituencies,
on the ground that he/she did not agree with the decision.’ This responsibility has
two implications.

a) It means that every member of the Council of ministers accepts responsibility for each
and every decision of the Cabinet. When a decision has been taken by the Cabinet,
every Minister has to stand by it. If a Minister does not agree with the Cabinet decision,
the only alternative left to him/her is to resign from the Council of Ministers.
b) Also the vote of no-confidence against the Prime Minister is a vote against the whole
Council of Ministers. Similarly, adverse vote in the Lok Sabha on any government bill
or budget implies lack of confidence in the entire Council of Ministers, not only the
mover of the bill.

3.5.4.7.2 Individual Responsibility

Though the Ministers are collectively responsible to the Lok Sabha, they are also
individually responsible to the Lok Sabha.

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a) Individual responsibility is enforced when an action is taken by a Minister without the

concurrence of the Cabinet, or the Prime Minister, then it is criticized and not approved
by the Parliament.
b) Similarly if personal conduct of a Minister is questionable, he may have to resign
without affecting the fate of the Government.
c) If a Minister becomes a liability or embarrassment to the Prime Minister, he may be
asked to resign.

3.5.4.8 No-Confidence Motion

It is a motion moved by a member of legislature expressing no-confidence of the House

in the Council of Ministers. If adopted by the legislature, the Council has to resign along with
the Prime Minister.

3.5.4.9 Summary of Council of Ministers

The Council of Ministers is headed by the Prime Minister, it aids and advises the
President in the exercise of his functions. It consists of two levels of Ministers– Cabinet
Ministers and Ministers of State.

The President appoints the Ministers on the advice of the Prime Minister. The Council
consists of all category of Ministers, while the Cabinet is a smaller group consisting of senior
Ministers. The Council of Ministers can be removed from office by Lok Sabha if a vote of no-
confidence is adopted by it. The Council as a whole rarely meets. It is the Cabinet which
determines the policies and programmes of the Government. The Cabinet formulates the
external and internal policies of the government. It coordinates the working of various
departments. It has full control over the national finance. Most importantly, all the Ministers
of Council are collectively as well as individually responsible to the Lok Sabha.

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3.6 State Government at the State Level

The Constitution of India mentions that, there has to be a Governor for each State. If
requirement arises, one person can be appointed Governor for even two or more States. Since
the executive authority of every State is vested in the Governor of the State, he is a very
important part of the State executive.
3.6.1.1 Appointment

The Governor of a State is appointed by the President of India. It must be noted that
there is no bar on re- appointment of a Governor, either in the same State or in other State.

3.6.1.2 Qualifications

For becoming a Governor, an individual must have following qualifications:

a) He must be a citizen of India;
b) He should be at least 35 years;
c) He cannot hold any office of profit during the tenure.

But, if a person is a member of either of the House of the Parliament or the Legislature
of any State is appointed as a Governor, he will cease to be a member of the Legislature or
the Council of Ministers.

3.6.1.3 Tenure

The Governor is appointed for a term of five years. However, he normally holds office
during the pleasure of the President. He/she can resign before the expiry of the term or may
be removed by the President earlier than completion of his term. It must be noted that, while
appointing or removing the Governor, the President has to follow the advise of the Prime
Minister.

3.6.1.4 Emoluments

He/she is entitled to a rent-free residence which is usually called the Raj Bhawan.
His/her emoluments, allowances and privileges are specified under the law. But, the
emoluments and allowances of the Governor cannot be changed during his tenure.

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3.6.1.5 Powers, Position and Role

The powers and functions of the Governor are categorised under two heads namely,

a) as the head of the State – Executive, legislative, financial as well as pardon powers.
b) as the representative of the Union Government.

3.6.1.5.1 Executive Powers

a) All the executive functions in the State are carried on in the name of the Governor.
b) He/she appoints the Chief Minister and on his/her advice appoints the members of
the Council of Ministers of the State.
c) He/she allocates portfolios among the ministers on the advice of the Chief Minister.
d) He/she appoints the Advocate-General, and also the Chairman and members of the
State Public Service Commission on advice of the Chief Minister.
e) He/she has the power to appoint judges of the courts, other than the High Court
according to procedures established under the law.
f) He/she, is consulted by the President when the judges of the State High Court are
appointed.
g) While discharging all his/her functions as the Head of the Executive in the State, the
Governor like the President, is advised by the Council of Ministers headed by the
Chief Minister.

3.6.1.5.2 Legislative Powers

The legislative powers, like the executive powers are exercised by the State Council of
Ministers, headed by the Chief Minister.

a) The Governor summons and prorogues the State Legislature.

b) He/she can dissolve the State Legislative Assembly on the recommendation of the
Council of Ministers headed by the Chief Ministers.
c) He/She may address the session of the State Legislative Assembly.
d) He can send messages to either or both Houses.
e) He/She may nominate one member of the Anglo Indian Community to the State
Legislative Assembly, if he/she is satisfied that, the said community is not adequately
represented.

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f) He/she nominates one-sixth members of the total strength of the Legislative Council if
the Council exists in a State. Such nominated members are individuals possessing
special knowledge in the field of literature, science, cooperative movement, social
service as well.
g) The assent of the Governor is necessary for a bill to become a law. In this regard,
the Governor has the following options when he receives a bill for his consideration:
(a)He/she may give his assent to the bill, in which case the bill becomes a law;
(b)He/she can withheld the assent, in which case the bill fails to become a law;
(c)He/she can return the bill with his message to the State Legislature, if it passes the
bill in its original shape again or in a modified form, the Governor has to give the assent
to the bill;
(d) He/she can reserve the bill for the consideration of the President.
h) The Governor also has the power to issue ordinances when the State Legislature is not
in session. But, the ordinance has to be placed before the State Legislature when it
assembles again for the next session. Such ordinance ceases to be effective after six
weeks. The Legislative Assembly is empowered to replace the ordinance by a law
within the said period to continue it.

3.6.1.5.3 Financial Powers

a) Money bill cannot be introduced in the State Legislative Assembly without the
prior permission of the Governor.
b) The annual and supplementary budgets are introduced in the Assembly in the name of
the Governor.
c) The Governor has the control over the State Contingency Fund, without his assent the
fund cannot be drawn upon.

3.6.1.5.4 Power of Pardon

The Governor possesses the power to grant pardon, reprieve, respites or remission
of punishment or to suspend, remit or commute the sentence of any person convicted by
the Courts of any offence against any law relating to matters of the State.

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3.6.1.5.5 Discretionary Powers

The executive, legislative, financial and judicial powers the Governor are exercised on
aid and advise of the Council of Ministers, headed by the Chief Minister. However, there are a
few more powers which the Governor possesses as the representative of the Central or
Union Government. These powers are known as discretionary powers. Under
special circumstance that the Governor can act without the advice of the Council of Ministers.
This means, these powers of the Governor are exercised in his/her own discretion.

They are mentioned below:

a) When in the opinion of the Governor there is breakdown of the constitutional

machinery in the State. In that case, the Governor can report the situation to the
President for imposition of the President’s Rule in that State. In case the Governor’s
report is accepted by the President, and he/she proclaims emergency under Article 356,
the State Council of Ministers stands removed, and the State Legislative Assembly is
either dissolved or suspended. During such emergency, the Governor rules on behalf of
the President as his agent.
b) When the Governor may reserve a bill for the consideration of the President.

Since the Governor exercises these powers on his own, they are called the discretionary
power of the Governor. The discretionary powers of the Governor were introduced in the
Constitution for extraordinary and emergency situations. But, in practice, these powers have
also been abused in certain situations. This has led to tension between Union and State
relations.

3.6.2 Chief Minister of the State

It is mentioned in the Constitution of India that, each State shall have a Council of
Ministers to aid and advise the Governor in the exercise of his functions. And the Chief
Minister serves as the head of the government in the State. Therefore, the Council of Ministers
along with the Chief Minister as its head, exercises real authority in the State Government.

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3.6.2.1 Formation of the Council of Ministers

a) The person who commands the majority support in the State Legislative Assembly
(Vidhan Sabha) is appointed as the Chief Minister by the Governor.
b) The Chief Minister advises the Governor to appoint other ministers of the Council of
Ministers.
c) A person who is not a member of the State legislature can also be appointed as a
minister, but he/she ceases to hold ministerial office if he/she is not elected to the State
legislature within six months of his/her appointment.
d) The portfolios to the members of the Council are allocated by the Governor, on the
advice of the Chief Minister.

3.6.2.2 Functions of the Chief Minister

The constitutional position of the Chief Minister is broadly similar to that of the Prime
Minister of India. Chief Minister serves as the head of the Council of Ministers of the State.
Hence, the Chief Minister plays an important role in the administration of the State. His
functions are mentioned as follows:

a) Chief Minister acts as the real executive of the State Government. Ministers are also
appointed by the Governor on the advice of the Chief Minister. The Governor even
allocates portfolios to these ministers on the advice of the Chief Minister.
b) Chief Minister presides over the Cabinet meetings. He coordinates the functioning of
different ministries in his/her state.
c) He/she guides the functioning of the Cabinet according to their vision.
d) Chief Minister plays an important role in framing the policies and laws of the
State Government. Also the bills are introduced by the ministers in the State legislature
with his/her prior approval.
e) He/she is the chief spokesperson of the policies of his/her government, both inside and
outside of the State Legislature.
f) The Constitution provides that “the Chief Minister shall communicate all decisions of
the Council of Ministers relating to the administration and the affairs of the State and
proposals for legislation to the Governor.”
g) The Chief Minister has to furnish information related to the administration of the State
and also about the proposals for legislation to the Governor.

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h) “If the Governor requires, the Chief Minister has to submit for consideration of the
Council of Ministers any matter on which a decision has been taken by a minister but
which has not been considered by the Cabinet.”
i) The Chief Minister is the sole link of communication between the Cabinet and
the Governor. The Governor has the right to be informed by the Chief Minister about
the decisions taken by the Council of Ministers.

These above mentioned functions show that the real authority in the state administration
is vested with the Council of Ministers headed by the Chief Minister. Therefore, the Council
of Ministers is the real executive of the State. It must be noted that the position of the Council
of Ministers largely depends upon the strength of the ruling party in the State Assembly and
also on the personality of the Chief Minister.

3.6.2.3 Relationship of the Governor with the Chief Minister

a) Since the Governor is the constitutional head of the State, all executive actions in the
State are taken in his name.
b) The Governor appoints the Chief Minister and other ministers in the Council of
ministers.
c) The Governor is hence, responsible for smooth running of the State administration
because it is his/her duty to oversee that the State administration is carried according to
the provisions mentioned in the Constitution.
d) If the Governor finds that the constitutional machinery of the State has broken down or
the administration cannot be carried in accordance with the provisions of the
Constitution, he/she can recommend proclamation of emergency in the State to the
President.
e) The Governor in his/her report can advise the President to impose President’s Rule in
the State. If the President agrees with the Governor, he/she is empowered to declare
emergency under Article 356, popularly known as President’s Rule in the State.
f) After the proclamation, the State comes under the control of the Central Government
and the Governor acts as the Centre’s agent. The Council of Ministers stands dismissed
and Assembly (Vidhan Sabha) is dissolved or suspended.
g) When the Chief Minister enjoys the confidence of the State legislature, the Governor’s
capacity to exercise his/her discretionary powers gets limited to a large extent. In such

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situation, the Chief Minister acts as the real head of the State administration and the
Governor acts as the constitutional head only.

3.6.2.4 Summing Up

The Chief Minister acts as the real head of the Government at the State level. The
Governor appoints the Chief Minister based on the majority support in Legislature.
Other Ministers of the Council are appointed by the Governor by the aid and advice of the
Chief Minister. The Chief Minister is the presiding authority over the Cabinet meetings.
Therefore, he/she is responsible for laying down the policies of the State Government. He/she
acts as the sole link between his Council of ministers and the Governor. He/she coordinates the
functioning of different ministries in the State government. The Chief Minister communicates
the concerns of the State to the Union government.

3.7 Administration of the Union Territories

According to Article 1 of the Constitution, India's territory is divided into three categories:

a) States’ Territories.
b) Union Territories.
c) Areas that the Government of India may acquire at any moment.

At present, there are twenty-eight States, eight Union Territories, and no acquired
territories. The UPSC Indian Polity and Governance Syllabus includes Union Territories And
Their Administration which is described in this article.

3.7. 1 Union Territories - Concept

Union Territories, also known as Centrally Administered Territories, are federal

territories administered by the Union Government of India.

Union Territory Capital Legislature Judiciary (Under)

Andaman and Port Blair Nil Calcutta High Court
Nicobar Islands
Chandigarh Chandigarh Nil Punjab and Haryana
High Court
Dadra and Nagar Daman Nil Bombay High Court
Haveli and Daman
and Diu

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Delhi Delhi Legislative Delhi High Court

Assembly
Jammu and Jammu(winter), Legislative Jammu and Kashmir
Kashmir Srinagar(summer) Assembly High Court
Ladakh Leh Nil Jammu and Kashmir
High Court
Lakshadweep Kavaratti Nil Kerala High Court
Puducherry Puducherry Legislative Madras High Court
Assembly

3.7.2 Administration of Union Territories

a) Part VIII (Articles 239 to 241) of the Constitution deals with the Union Territories.
b) Even though all Union Territories belong to the same category, their administrative
systems are not consistent.
c) Every Union Territory is governed by the President of India, who appoints an
administrator to do so.
d) An administrator of a Union Territory, unlike a Governor, is an agent of the President
rather than the head of State. The President can name an administrator; it could be a
Lieutenant Governor, Chief Commissioner, or Administrator.
e) In the cases of Delhi, Puducherry, the Andaman and Nicobar Islands, Jammu and
Kashmir, and Ladakh, it is currently Lieutenant Governor, and in the cases of
Chandigarh, Dadra and Nagar Haveli, Daman and Diu, and Lakshadweep, it is
Administrator.
f) The President can also appoint the Governor of a State to serve as the administrator of
a Union Territory bordering on it. The Governor is to operate independently of his
council of ministers in this role. The Governor of Punjab is concurrently the
Administrator of Chandigarh.
g) A legislative assembly and a council of ministers led by a chief minister have been
established in the Union Territories of Puducherry (in 1963), Delhi (in 1992), and
Jammu & Kashmir (in 2019). There are no comparable popular political institutions in
the remaining five Union Territories.
h) However, the establishment of such institutions in Union Territories does not negate
the President's and Parliament supreme control over them. For the Union Territories,
Parliament has the authority to enact legislation on any subject from the three lists
(including the State List).

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i) Parliament's power extends even to Puducherry, Delhi, and Jammu and Kashmir, all of
which have their legislatures. This means that even after establishing a local legislature
for the Union Territories, Parliament's legislative power over subjects on the State List
remains unaffected.
j) The legislative assembly of Puducherry, on the other hand, has the power to enact
legislation on any subject on the State and Concurrent Lists. Similarly, the legislative
assembly of Delhi can make laws on any subject of the State List (except public order,
police, and land) and the Concurrent List.
k) Likewise, the legislative assembly of Jammu and Kashmir can make laws on any
subject of the State List (except public order and police) and the Concurrent List.
l) The President has the authority to issue regulations for the Andaman and Nicobar
Islands, Lakshadweep, Dadra and Nagar Haveli, Daman and Diu, and Ladakh in order
to maintain peace, progress, and good governance.
m) The President can also legislate by rules in Puducherry, but only when the assembly is
suspended or dissolved.
n) A regulation issued by the President has the same force and effect as a law passed by
Parliament, and it has the power to revoke or alter any law passed by Parliament that
applies to these union territories.
o) A High Court for a Union Territory can be established by Parliament, or it can be placed
under the jurisdiction of the High Court of the neighboring States.
p) Delhi is the only Union Territory with its own High Court (since 1966).
q) There are no separate provisions in the Constitution for the administration of acquired
territories. However, the constitutional provisions governing the administration of
union territories also apply to the territories acquired.

3.7.3 Special Provisions for Delhi

a) The 69th Constitutional Amendment Act of 1991 furnished a unique status to the Union
Territory of Delhi and redesignated it as the National Capital Territory of Delhi (Article
239AA).
b) Also, the administrator of Delhi has been redesignated as the lieutenant (lt.) governor.
c) It also created a legislative assembly and a council of ministers for Delhi.

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3.7.4 Advisory Committees- Advisory Committees of Union Territories

a) The Ministry of Home Affairs is the nodal ministry for all matters concerning Union
Territories, including legislation, finance and budget, services, and the appointment of
Lt. Governors and Administrators, as defined by the Government of India (Allocation
of Business) Rules 1961.
b) The Home Minister's Advisory Committee (HMAC)/Administrator's Advisory
Committee exists in all five Union Territories without a legislature (Andaman and
Nicobar Islands, Chandigarh, Daman and Diu, Dadra and Nagar Haveli, Lakshadweep,
and Ladakh) (AAC).
c) The Union Home Minister chairs the HMAC, while the Administrator of the concerned
Union Territories chairs the AAC.
d) Members of Parliament and elected members of local governments, for example,
District Panchayats and Municipal Council of the respective Union Territories are
members of these committees among others.
e) The Committee discusses the general issues relating to the social and economic
development of the Union Territories.

3.7. 5 Recent Developments- Recent Developments in case of Union Territories

a) In 2019, legislation was passed to unite the Union Territories of Daman and Diu and
Dadra & Nagar Haveli, with effect from January 26, 2020, to become the new Union
Territory of Dadra and Nagar Haveli and Daman and Diu.
b) The former state of Jammu & Kashmir has been reorganized as the new Union
Territory of Jammu and Kashmir and the new Union Territory of Ladakh on 31st
October 2019.

3.7.6 Concerns Associated With the Functioning of Union Territories

3.7.6.1 Undermining the Democratic Rights

Undermining the Democratic Rights of the People Living In Union Territories

a) Those in the Union Territories have no recourse to hold those in charge of them
accountable, undermining their democratic rights, which are otherwise available to
citizens in the states.
b) There are 3.68 crore Indians residing in eight Union Territories who are denied the
democratic right to have full-power assemblies like those in the 28 states.

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c) Even in the case of Union Territories with elected governments, their powers are limited
in comparison to those of states and they are frequently at the mercy of central
government appointments.
d) The recent protests in Lakshadweep Island against the administrator's policy have been
cited by constitutional scholars as an example of the Union Territory administration
failing to serve the interests of its residents.

3.7.6.2 The Original Criteria

The Original Criteria for the Creation of Union Territories do not hold anymore:

a) The population or size of a community cannot be used to determine whether it deserves

to be a state or a Union Territory.
b) As a result, several former Union Territories, such as Mizoram, Arunachal Pradesh, and
Sikkim, which have since become states, continue to have lesser populations than other
current Union Territories, such as Puducherry and Dadra and Nagar Haveli.
c) Furthermore, the claim that these Union Territories have a different culture that must
be maintained no longer holds water, as there is no significant cultural divide between
them and neighboring states for smaller Union Territories like Daman and Diu or
Puducherry. In fact, they maintain cultural and linguistic ties with their neighbors.

3.7.6.3 Structural Fragility

Structural Fragility of Union Territories
Because of the Union Territories’ structural vulnerability in the constitutional scheme
of things, it is simpler for the central government to intervene in their operations and
destabilize them.

3.7.6.3.1 Composition of the legislature

According to the constitutional requirements governing the makeup of the legislature in

Union Territories, the legislature of Union Territory is an elected body or a body that is partially
elected and partly nominated.

• A legislature that is partially elected and partly appointed will not be able to sustain
democratic ideals.
• A minor change to the Government of Union Territories Act of 1963 can result in a
legislature with more than half of its members being nominated.
• A House with a majority of appointed members cannot foster representative democracy.
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3.7.6.3.2 Issue of nomination

As seen in the instance of Puducherry, the nomination process is prone to politicization.

The nomination of members to the Assembly by the Union Government without consultation
with the Government was challenged in court.

a) Unlike the provision for the nomination of members to the Rajya Sabha under Article
80, which specifies the fields from which members will be nominated, there is no such
qualification under Article 239A or the Government of Union Territories Act for
nomination to the Puducherry Assembly. This opens the door for the Union government
to nominate anyone, regardless of whether or not they are qualified.

3.7.6.3.3 Administrator’s power

The required autonomy has not been granted to the Union Territories, depriving them of a
fully democratic setup.
a) In the Union Territories, the Administrator/Lieutenant Governor has been given
enormous authority.
b) The administrator has the right to disagree with the Council of Ministers' decisions and
recommend them to the President for a final judgment under Section 44 of the
Government of Union Territories Act and Article 239 AA(4) of the Constitution.
c) In absolute disrespect of the elected government, the administrator can then take
whatever steps he or she sees fit in the case which permits the Union Government to
exert control over the Union Territory through the administrator, and thus is
incompatible with the idea of Union Territories having free and autonomous
Governments.
d) On the advice of the Union Government, the President makes his/her decision and as a
result, the Union Government is ultimately responsible for deciding the contested
matter.
e) Despite the Supreme Court's ruling in the NCT of Delhi v. Union of India (2019) case
that the administrator should not abuse his or her power to thwart the elected
Government's ability to function in the territory and should only use it after all other
options have failed to resolve the differences between him and the Council of Ministers,
there has been no progress in this area.
f) Conflicts between the Government and the people of Puducherry are an example of the
same.
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3.7.7 Articles Related To Union Territories

The various Constitutional Articles related to Union Territories can be illustrated in

the followings:
Article-No Provision
239 Administration of Union territories
239A Creation of local Legislatures or Council of Ministers or both for
certain Union territories
239AA Special provisions with respect to Delhi
239AB The provision in case of failure of constitutional machinery
239B Power of administrator to promulgate Ordinances during recess of
Legislature
240 Power of President to make regulations for certain Union territories
241 High Courts for Union territories
3.7.8 Summing Up

Due to the existence of Union Territories, many critics have resolved India into a semi-
federal nation, as the central and state governments each have their legislatures. Union
Territories of India have special rights and status due to their constitutional formation and
development. Thus, Union Territories are also important segments in the administrative
jurisdiction of our Country.

3.8 Local Government

The various levels of Local Government in India can be seen in the following lines
given below:

3.8.1Municipalities
Municipal bodies have a long history in India. The first such Municipal Corporation
was set-up in the former Presidency Town of Madras in 1688; and was followed by similar
corporations in the then Bombay and Calcutta in 1726. The Constitution of India has made
detailed provisions for ensuring protection of democracy in Parliament and in the state
legislatures. However, Constitution did not make the local self-government in urban areas a
clear-cut constitutional obligation. While the Directive Principles of State Policy refer to
village Panchayats, there is no specific reference to Municipalities except the implicitly in
Entry 5 of the State List, which places the subject of local self-governments as a responsibility
of the states.

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In order to provide for a common framework for urban local bodies and help to
strengthen the functioning of the bodies as effective democratic units of self-government,
Parliament enacted the Constitution (74th Amendment) Act, 1992 relating to municipalities in
1992. The Act received the assent of the President on 20 April 1993. The Government of India
notified 1 June 1993 as the date from which the said Act came into force. A new part IX-A
relating to the Municipalities has been incorporated in the Constitution to provide for among
other things, constitution of three types of Municipalities, i.e., Nagar Panchayats for areas in
transition from a rural area to urban area, Municipal Councils for smaller urban areas and
Municipal Corporation for large urban areas, fixed duration of municipalities, appointment of
state election commission, appointment of state finance commission and constitution of
metropolitan and district planning committees. State/UTs have set-up their election
Commissions. Elections to municipal bodies have been completed in all States/UTs except
Jharkhand and Puducherry.

3.8.2 Panchayats

Article 40 of the Constitution, which enshrines one of the Directive Principles of State
Policy, lays down that the State shall take steps to organise village panchayats and endow
them with such powers and, authority as may be necessary to enable them to function as units
of self-government.

In the light of the above, a new Part IX relating to the Panchayats has been inserted in
the Constitution to provide for among other things, Gram Sabha in a village or group of
villages; constitution of Panchayats at village and other level or levels; direct elections to all
seats in Panchayats at the village and intermediate level, if any, and to the offices of
Chairpersons of Panchayats at such levels; reservation of seats for the Scheduled Castes and
Scheduled Tribes in proportion to their population for membership of Panchayats and office of
Chairpersons in Panchayats at each level; reservation of not less than one-third of the seats for
women; fixing tenure of five years for Panchayats and holding elections within a period of six
months in the event of super session of any Panchayat.

3.8.3 Election Commission

The superintendence, direction and control of preparation of electoral rolls for, and the
conduct of, elections to Parliament and State Legislatures and elections to the offices of the
President and the Vice-President of India are vested in the Election Commission of India. It is

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an independent constitutional authority. Since its inception in 1950 and till October 1989, the
Commission functioned as a single member body consisting of the Chief Election
Commissioner. On 16 October 1989, the President appointed two more Election
Commissioners on the eve of the General Election to the House of the People held in
November- December 1989. However, the said two Commissioners ceased to hold office on 1
January 1990 when those two posts of Election Commissioners were abolished. Again on 1
October 1993, the President appointed two more Election Commissioners. Simultaneously, the
Chief Election Commissioner and other Election Commissioners (Conditions of Service) Act,
1991 was amended to provide that the Chief Election Commissioner and other Election
Commissioners will enjoy equal powers and will receive equal salary, allowances and other
perquisites as payable to a judge of the Supreme Court of India. The Act further provided that
in case of difference of opinion amongst the Chief Election Commissioner and/or two other
Election Commissioners, the matter will be decided by the Commission by majority. The
validity of that Act (renamed in 1993 as the Election Commission) (Conditions of Service of
Election Commissioners and Transaction of Business) Act, 1991 was challenged before the
Supreme Court. The Constitution Bench of the Supreme Court consisting of five judges,
however, dismissed the petitions and upheld the provisions of the above law by a unanimous
judgment on 14 July 1995.

Independence of the Election Commission and its insulation from executive

interference is ensured by a specific provision under Article 324(5) of the Constitution that the
Chief Election Commissioner shall not be removed from his office except in like manner and
on like grounds as a Judge of the Supreme Court and conditions of his service shall not be
varied to his disadvantage after his appointment. The other Election Commissioners cannot be
removed from office except on recommendation of the Chief Election Commissioner. The term
of office of the Chief Election Commissioner and other Election Commissioners is six years
from the date he/she assumes office or till the day he/she attains the age of 65 years, whichever
is earlier.

3.8.4Amendments

The Parliament on 22 March 2003 enacted the Election Laws (Amendment) Act, 2003
and Conduct of Elections (Amendment) Rules, 2003 which came into force with effect from
22 September 2003. By these amendments in the Act and Rules, those service voters belonging

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to the Armed Forces and members belonging to a Force to which provisions of the Army Act
applies, have been provided the facility to opt to vote through proxy. Such service voter who
opt to vote through proxy have to appoint a proxy in a prescribed format and intimate the
Returning Officer of the constituency.

The Election and Other Related Laws (Amendment) Act, 2003 (46 of 2003) was
enacted in 11 September 2003. By this amendment, new Section 29B and 29C were inserted in
the Principal Act providing for contribution by any person or company other than a
Government company to political parties, subject to the condition that any contribution in
excess of Rs.20,000 shall be reported to the Election Commission for any claim for Tax relief
under the Income Tax Act, 1961. The Act also inserted Part A (Section 78A and 78B) regarding
supply of copies of electoral rolls and certain other items to candidates of recognised political
parties. This Act also amended Section 77(1) regarding maintenance of election expenses by
candidates whereby expenditure incurred by specified number of 'leaders' of a political party
on account of travel by air or by any other means of transport for propagating programme of
the political party alone shall be exempted from being included in the account of election
expenses incurred by the candidate in connection with the election.

The Parliament on 1 January 2004 enacted the Delimitation (Amendment) Act, 2003
whereby Section 4 of the Principal Act was amended to provide that the Delimitation will be
held on the basis of the 2001 Census figures.

The Parliament on 28 August 2003 enacted the Representation of the People

(Amendment) Act, 2003 whereby open ballot system was introduced at elections to the Council
of States. In this system an elector who belongs to a political party is required to show the ballot
paper after marking his vote to an authorised agent of that political party. The requirement that
a candidate contesting an election to the Council of States from a particular State should be an
elector in that particular State was also dispensed with.

3.8.5 Electoral Reforms

In C.W.P. No. 4912 of 1998 (Kushra Bharat Vs. Union of India and Others), the Delhi
High Court directed that information relating to government dues owed by candidates to the
departments dealing with Government accommodation, electricity, water, telephone and
transport (including aircrafts and helicopters) and any other dues should be furnished by the
candidates and this information should be published by the election authorities under the
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Commission in at least two newspapers having local circulation, for information of electors.
Accordingly, the Commission modified items 3(a)(iii) of the format of the affidavit prescribed
vide its order dated 27 March 2003 relating to right to information of electors regarding the
background of candidates and also issued necessary directions to the District Election Officers
regarding publication of the information furnished by the candidates in the newspapers as
directed by the Delhi High Court.

3.9 Administration of special areas (Scheduled areas and Tribal Areas)

The Constitution of India provides for uniform rule over the whole country but certain
regions of the country are governed by special provisions. These provisions ensure the
protection of cultural identifies customs and economic and political interests of the original
inhabitants of these areas. These regions include the tribal hills of the North Eastern States, i.e.,
Assam, Arunachal Pradesh, Manipur, Nagaland, Mizoram, Meghalaya and Tripura, the state
of Jammu and Kashmir and the regions known as the “Scheduled Areas”.

“The Scheduled Areas” are those tribal inhabited areas which are located in other parts
of the country than the North-East India. These areas are located in the states of Andhra
Pradesh, Bihar, Chhattisgarh, Gujarat, Himachal Pradesh, Madhya Pradesh, Jharkhand,
Maharashtra, Orissa and Rajasthan. Besides these areas, some other regions of the country also
are governed by the special provisions.

Furthermore, some states have been clamouring to be accorded Special Category States
(SCS), though there are no special provisions for them in the constitution. Placement in such
category would entitle them to get special assistance to development-like increase in the grant-
in-aid in comparison to the loan.

While the loans have to be repaid to the lender, the grant-in-aid has not to be re-paid.
Orissa, Bihar and the newly created state of Uttaranchal have demanded to be included in the
SCS.

3.9.1 Creation of Autonomous District

The Sixth Schedule of the Constitution of India created Autonomous Districts within
Assam in order to preserve tribal autonomy and protect the cultural and economic interests of

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the hill tribes. The hill regions of North-East India have a history of being governed by different
criterion in comparison to the rest of India.

While most of India with the exception of the princely states was governed by the
standard colonial administration, the hill regions of Assam were ruled by the British indirectly.
The British did not interfere with their traditional system of authority.

The issues relating to land, inheritance, forest, dispute resolutions, etc., were dealt with
according to the customary laws, and through the arbitration of clan and tribal chiefs. They
were declared “backward areas” according to the Government of India Act, 1919.

The Government of India Act, 1935 turned them into, “excluded” and “partially
excluded” areas. There was some differences between the “excluded” and “partial excluded”
areas. The former were not represented in the legislature of Assam though they were located
in the province of Assam.

The “partially excluded” area was privileged to have some legislative experience within
the state of Assam. The “excluded areas” were administered by the Governor-in-Council as his
“reserved jurisdiction”. On the “partially excluded” areas there was some authority of the
provincial legislature. Jurisdiction of the courts of British India was limited in such areas.

The British India government placed the hill region of Assam in the “excluded
category” because of the expediency of their policy-orientation. Finding the cost of
administration not being compensated by the revenue returns, the British found it more
expedient not spend on running the administration of this region.

Rather the hills were left to be governed by their traditional rule, which did not cost
them anything. Besides, the people in this area had been averse to the notion of any outsider
ruling over them. Any intrusion or its apprehension into their affairs was met with opposition
and hostility.

In order to retain their distinctness, the British mooted a plan to bring all areas of the
North-East along with hills of Burma under a “Crown Colony”. The plan to create a “Crown
colony” was a secret plan and was known as the “Coupland Plan” named after-Reginald
Coupland. This suggestion was rejected by the Indian National Congress. But the need to retain
the distinctness of this region was recognised by providing special provisions regarding their

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governance. These provisions were included on the basis of the recommendations of the North-
East Frontier (Assam), Tribal and Excluded Area Sub-Committee of the Advisory Committee
of the Constituent Assembly of India. The subcommittee was known as Bordoloi sub-
committee named after its chairman Gopinath Bordoloi, a member of the Constituent
Assembly, and the then Chief Minister of Assam.

The main recommendation of Bordoloi Sub-committee was establishment of

Autonomous District Councils and Regional Councils for the tribal areas within the state of
Assam. With the commencement of the Constitution on January 26, 1950, Autonomous District
Councils came into existence in the hill district of Assam except the Naga Hills (suffering from
the separatist violence) and extremely backward Frontier Tracts. After the reorganisation of
North-East India there was a restructuring of the District Councils. In 1984, the VI Schedule
was extended to Tripura.

3.9.2 Special Provisions

Article 244 of the Constitution makes special provisions for the administration of
certain areas called “Scheduled Areas” in States other than Assam, Meghalaya, Tripura and
Mizoram even though such areas are situated within a State or Union Territory, presumably
because of the backwardness of the people of these areas. Subject to legislation by Parliament,
the power to declare any area as a “Scheduled Area” is given to the President (Fifth Schedule),
and the President has made the Scheduled Areas Order, 1950, in pursuance of this power.

These are areas inhabited by Tribes specified as ‘Scheduled Tribes’, in States other
than Assam, Meghalaya or Tripura. Special provisions for the administration of such areas
are given in the Fifth Schedule.

3.9.3 Tribal Areas

The tribal areas in the States of Assam, Meghalaya, Tripura and Mizoram are separately
dealt with and provisions for their administration are to be found in the Sixth Schedule to the
Constitution. Part X of the Constitution is concerned with the administration of Scheduled
Areas and Tribal Areas.

The Constitution makes special provisions for the administration of certain areas called
Scheduled Areas, presumably because of the backwardness of the people of these Areas.

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Subject to legislation by Parliament, the power to declare an area as a “Scheduled area” is given
to the President and the President has made the Scheduled Areas Order, 1950, in pursuance of
this power.

The tribal areas in the States of Assam, Meghalaya and Mizoram area separately dealt
with and provision for their administration are to be found in the Sixth Schedule to the
Constitution.

3.9.4 System of Administration

The Fifth Schedule of the Constitution deals with the administration and control of
Scheduled Areas as well as of Scheduled Tribes in States other than Assam, Meghalaya and
Tripura. The main features of the administration provided in this Schedule are as follows:

a) The Executive power of the Union shall extend to giving directions to the respective
States regarding the administration of the Scheduled Areas.
b) The Governors of the State in which there are “Scheduled areas” have to submit reports
to the President regarding the administration of such Areas, annually or whenever
required by the President. Tribes Advisory Councils are to be constituted to give advice
on such matters as welfare and advancement of the Scheduled Tribes.
c) The Governor is authorized to direct that any particular Act of Parliament or of the
Legislature of the State shall not apply to a Scheduled Area or shall apply, only subject
to exceptions or modifications. The Governor is also authorised to make regulations to
prohibit or restrict the transfer of land by, or among members of the Scheduled Tribes.
d) These provisions of the Constitution relating to the administration of the Scheduled
Areas and Tribes may be altered by Parliament or by ordinary legislation. The
Constitution provides for the appointment of a Commission to report on the
administration of the Scheduled Areas and the welfare of the Scheduled Tribes in the
States. The President may appoint such Commission at any time, but the appointment
of such Commission at the end of 10 years from the commencement of the Constitution
was obligatory.

Accordingly a Commission under the chairmanship of Shri Dhebar was appointed in

1960. Its report was submitted in 1961. The tribal areas are to be administered as autonomous
districts. These autonomous districts are not outside the executive authority of the Government

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of Assam but provision is made for the creation of District Councils and Regional Councils for
the exercise of certain legislative and judicial functions. These Councils are primarily
representative bodies and they have got the power of law-making in certain specified fields
such as management of forests other than a reserved forest, inheritance of property, marriage
and social customs, and the Government may also confer upon these councils the power to try
certain suits or offences.

3.9.5 The Fifth Schedule for Scheduled Areas

For the protection of the interests and cultural identity of the tribal’s residing in parts
of the country other than hills of the North-East, there are special provisions in the Constitution
of India. These areas are known as the Scheduled areas and the provisions regarding them are
enshrined in the V Schedule of our constitution.

Parliament has powers to change these by ordinary legislation without amending the
constitution. The main provisions are as follows:

(i) The executive power of the states extends to the scheduled areas;

(ii) The Governor of these states has to submit the report to the President regarding the
administration of such areas on the annual basis or whenever required to do so;

(iii) Tribes Advisory Councils have to be constituted to advise the government on the matters
relating to the welfare and advancement of the Schedules Tribes-these matters are those which
may have been referred to the councils by the Governor;

(iv) The Governor is authorised to direct the state government not to apply in the Scheduled
Areas any Act of Parliament of or the state Legislature or apply it subject to exceptions or
modifications;

(v) The Governor is authorised to make regulations to prohibit or restrict transfer of land by or
among the members of Scheduled Tribes, to regulate the allotment of land and the business of
money- lending. All such regulations made by the Governor must have the assent of the
President;

(vi) The President may appoint a Commission to report on the administration of the Scheduled
Areas and Scheduled Tribes in the state. As it was obligatory to appoint such Commission at

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the end of first ten years of the implementation of the Constitution, the first Commission was
appointed in 1960. The Commission submitted its report in 1961.

3.9.6 Formation of an Autonomous State Comprising Certain Tribal Areas

According to Article 244 of the Constitution the VI Schedule lays down special
provisions for the protection of the interest and cultural identities of the hill tribe of North. The
most important provisions of the VI Schedule is creation of the Autonomous District Councils.

While tribals of some of the North-Eastern states have the Autonomous District
Councils, Arunachal Pradesh, Nagaland and greater part of Mizoram do not have this. The
Inner Lines Regulation exists for three states, i.e., Arunachal Pradesh, Mizoram and Nagaland,
and North Cachar district of Assam.

3.9.7 Amendments for Sts Panel, Protection of Non-Tribals’ Rights Passed

The Lok Sabha unanimously passed two Constitution Amendment Bills. The first Bill
empowers the Government to set up a separate National Commission for the Scheduled Tribes,
while the second bill seeks to protect the rights of the non-tribal in the newly-elected Bodo
Territorial Council (BTC) in Assam.

The LS passed the Constitution (Eighty-Ninth Amendment) Act, 2003 making

provision for the setting up of a National Commission for the Scheduled Tribes, and another to
keep intact the existing representation of tribal’s and non-tribal’s in the Assam Legislative
Assembly.

The amendment focuses on the need for setting up a separate commission for the
Scheduled Tribes by bifurcating the existing National Commission for the Scheduled Castes.

The Ninety-Ninth amendment seeks to protect the rights of the non-tribals in the Bodo
Territorial Council.

The proposed commission for the Scheduled Tribes would comprise a chairperson and
two other members and the National Commission for the Scheduled Castes shall have
chairperson, vice- chairperson and three other members.

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Notwithstanding anything in this Constitution, Parliament may, by law, form within the
State to Assam an autonomous State comprising (whether wholly or in part) all or an, of the
tribal areas of the Sixth Schedule and create therefore (Article 244A)

(i) A body, whether elected or partly nominated and partly elected, to function as a Legislature
for the autonomous State, [Article 244A (1) (a)] or

(ii) A Council of Ministers, [Article 244A (1) (b)] or both with such Constitution, powers and
functions, in each case, as may be specified in the law.

3.9.8 Any such law as is referred to in clause (1) may, in particular

(i) Specify the matters enumerated in the State List or the Concurrent List with respect to which
the Legislature of the autonomous State shall have power to make laws for the whole or any
part thereof, whether to the exclusion of the Legislature of the State of Assam or otherwise
[Article 244A(2)(a)];

(ii) Define the matters with respect to which ‘the executive power at the autonomous State shall
extend [Article 244A (2) (b)];

(iii) Provide that any tax levied by the State of Assam shall be assigned to the autonomous
State in so far as the proceeds thereof are attributable to the autonomous State [Article 244A
(2) (c)];

(iv) Provide that any reference to a State in any article of this Constitution shall be construed
as including reference to the autonomous State [Article 244A (2) (d)]; and

(v) Make such supplemental, incidental and consequential provisions as may be deemed
necessary [Article 244A (2) (e)].

An amendment of any such law as aforesaid in so far as such amendment relates to any
of the matters shall have no effect unless the amendment is passed in each House of Parliament
by not less than two-thirds of the members present and voting [Article 244A(3)].

The modern institutions of the Autonomous District Councils are elected bodies. They
are controlled by the new generation which has benefited from modern means of education.

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This placed the new elite in confrontation with the traditional elite who have considered it as
an encroachment on their position.

In fact, they have been demanding its abrogation. Also a section of the non-tribals have
been seeking the removal of the Autonomous District Councils. They argue that the VI Sched-
ule was introduced to protect the interests of the tribals while they would be constituents of
Assam.

But with the formation of separate states there was no need for the Autonomous District
Councils. Besides, there is no clear demarcation of the jurisdiction of the ADCs, which result
in overlapping of the jurisdiction of the ADCs, state legislature and the village councils. This
causes inconvenience to the people.

Since the British days a system of Inner Line was drawn up under the Bengal Eastern
Frontier Regulation, 1873. It prohibits the travel of outsiders into the area beyond the Inner
Line without the government’s permission.

Aimed primarily at protecting the people of the covered area from the exploitation of
the plainsmen, this also preserved the British control there and hindered the integration of the
people of the hills and plains. The Inner Line is a subject of hot controversy in northeast India.

The Constitution (Ninetieth Amendment) Act, 2003 has ensured a fair representation
of the non- tribal in the Legislative Assembly of the Bodo Land Territorial.

3.10 Summing up

Federalism is a concept that describes the qualities of the society and keeps it articulated
and protected. It is designed at both the regional and the national level to maintain unity among
the states and the country. Federalism means different things to different people. It is a
modernized concept, which is generally followed in countries like USA, Russia, Argentina,
Canada, Brazil, and Switzerland. The term “federation” is derived from the Latin word
“Foedus” which means ‘Treaty or Agreement’. Thus, we can say that it is an agreement
between two sets of government i.e., Central and the state.

“Indian Union is a unitary state with subsidiary federal features rather than a federal state
with subsidiary unitary features.”, M. Laxmikanth. The Constitution of India is neither a purely

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federal nor purely unitary but is a combination of both as a federal government is the one in
which the powers are divided at the national and the regional level and both the levels operate
independently. USA, Canada, Russia, Australia, Switzerland follow this system. Unitary
government is the government which is governed by a single power that is at the central level
and the final decision is taken by the central only. Britain, France, Japan, China, Italy, Norway,
Sweden, Spain follow this system.

The Indian Constitution is a mixture of flexibility and rigidity, i.e., certain provisions in
the constitution can be amended easily and for some amendments, the changes cannot be made
easily. Indian Constitution is written, has two levels of government, has bicameral legislature,
and the constitution is supreme. These are few features of a federal government borrowed by
India. India follows single citizenship, more power with the centre, although bicameral
legislature, but unequal representation, and mixture of flexibility and rigidity. These are few
features of the unitary government.

India has a few characteristics of unitary government and some of them represent the
federal government. Thus, since Indian Constitution is a blend of both federal and unitary, it
has a quasi-federal character. Hence, the Indian constitution is of a quasi-federal nature, which
is more inclined towards the Centre.

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The Constitution of India, Retrieved from,

https://timesofindia.indiatimes.com/readersblog/the-girl-who-writes/the-nature-of-indian-
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Deepshikha Gautam, (2019). The nature of Indian Constitution, Retrieved from

https://blog.ipleaders.in/nature-of-indian-constitution/

Nishtha Pandey, (2020). The Nature of the Indian Constitution, Retrieved from
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46 | Content created by Dr. Zacharias Tirkey, Dept. of Public Administration