Indian Constitution—Federal in Form and Unitary in Bias: With Special Reference to the Judicial Interpretation of Parts I, XI and XVIII of the Constitutional Text

Abstract

Federalism refers to the Constitutionally established relationship structure between the Centre and the States of India, which delineates and distributes powers within these divisions for better governance. However, the Indian system is a culmination of this federal format with certain qualities of a unitary system. There by the statement of Indian Constitution being federal in nature, but unitary is bias connotes to this mixed and modernist form of separation of power. The nature of the Separation of Powers in India is known to be more unitary or unitary in bias because of the unclear demarcation of legislative powers which lean towards according to precedence to the Union. This paper aims to examine this federal state of powers in light of the Constitution (One Hundred and First Amendment) Act, 2017, The Goods and Service Tax Act, 2017, the congressional emergencies in the late 19th century and other relevant court judgements.