Why India cannot be a unitary state despite the fact that the constitution has made center more strong then the states?
The Constitution, India's Supreme Law, establishes the fundamental framework of the nation's polity, as well as Fundamental Rights and Directive Principles that embody our founding fathers' vision and objectives. The constitution attempts to protect human rights and provide state welfare through FunRead more
The Constitution, India’s Supreme Law, establishes the fundamental framework of the nation’s polity, as well as Fundamental Rights and Directive Principles that embody our founding fathers’ vision and objectives. The constitution attempts to protect human rights and provide state welfare through Fundamental Rights and DPSP.
Fundamental rights are basic human rights guaranteed to all citizens under Part III of the Indian Constitution. These are justiciable in nature. DPSP are a collection of guidelines and principles that are described in Part IV with the goal to establish favorable social and economic circumstances so that people can have fulfilling lives. The link between Fundamental Rights and the DPSPS has been the subject of much discussion, followed by several landmark judgements like the Kesavananda Bharati case (1973) and the Minerva Mills case (1980). It can be summarised as:
- Directive Principles are affirmative directions, whereas Fundamental Rights are negative or prohibitive in character since they impose constraints on the state.
- FR foster political democracy, whereas DPSP promotes social and economic democracy. The FR protects natural rights, and the adoption of the DPSP reinforces them even further.
- The judiciary has frequently taken on a balancing role in situations when the DPSPs and Fundamental Rights seem to be at opposite ends.
- The Supreme Court of India has declared that Fundamental Rights and DPSPs are compatible, and that the state should seek to attain the goals outlined in the DPSPs while upholding Fundamental Rights.
FR and DPSP are intended to work together to achieve the constitutional ideal of a just, fair, and equitable society.
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India cannot be a unitary state because the constitution gives more power to center than the states,more power is given to central government.Here's an explanation for more clarity- 1-India is a diverse country and home of vast cultures,languages,ethnic groups and religions,if all the power will beRead more
India cannot be a unitary state because the constitution gives more power to center than the states,more power is given to central government.Here’s an explanation for more clarity-
1-India is a diverse country and home of vast cultures,languages,ethnic groups and religions,if all the power will be centralised it would be difficult for a government to manage and respect the diversity,hence the federal structure gives different states the authority to manage things according to their local needs.
2-In British era,India was controlled by a centralised authority,which caused a lot of dissatisfaction and the framers of the constitution were aware about this situation hence they designed our constitution accordingly.
3-The federal structure of our constitution divides the power between central and state.India has bicameral legislature which represents the states at the federal level.
4-The center has more powers but supreme court often rules in favour of states rights whenever there is conflict which maintains power between center and state.
5-India is large and diverse country it cannot be government effectively by centralised authority and centralised government would be overburdened and disconnected from local realities ,local administration are better at handling local issues which helps in smooth functioning.
In simpler terms,India should remain a federal country because it is too diverse and has complex historical context and need for local governance.The balance between federalism and centralisation ensures effective functioning of a nation while respecting regional identities and maintaining unity.
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