CONSTITUTIONAL LAW
[24/08/2021 | TUESDAY]
NATURE OF CONSTITUTION
- 3 types of constitutions in the world
(i) Unitary
(ii) Federal
(iii) Quasi-Federal
- Unitary:
Central Govt has a lot of power
- Federal:
Distribution of powers: Powers separated between
central and state govt
Supremacy of constitution: Constitution considered to
be the supreme law of the land in order to maintain the
distribution of powers without chaos
Written constitution: A clearly laid-out, written rules
in order to maintain organization and easier to adhere
to
Rigidity: A federal constitution is rigid in order to
maintain separation of powers and prevent the organs
from overstepping or encroaching into another organ’s
powers. A rigid constitution cannot be amended easily.
Authority of Courts: Judicial review is very important
in a federal constitution. Dispute settlement by a
neutral, impartial and an independent third-party is
important, and that party here are the courts.
- Quasi-Federal:
Term considered to be vague by many scholars
Const. can be unitary w/ federal features, federal w/
unitary features or a 50% of both.
Indian constitution considered unitary state with
federal features by Prof. Wheare
Ind. Const. considered a federation with strong
centralising tendency by Jennings
V.G.Ramchandaran- Ind const. is a federation and the
USA const. is even more of a federation; not much
difference b/w nature of Indian and USA constitutions.
Both are powerful in their own rights.
UNITARY FEATURES OF INDIAN CONSTITUTION
- Governors appointed by president (Art. 155). Governors
referred to as agents of the President. Can report a
State to the President if the State Govt isn’t
functioning well.
