Provinces, none-the-less is a Federal Constitution and when we say that Constitution is a Federal Constitution, it means this, that the provinces ... this Constitution we practically mean what the American Constitution means, namely that the form of the Constitution prescribed in this Constitution must be maintained. Therefore
Units by the Constitution. This is
the principle embodied in our
Constitution." (emphasis supplied)
The Constitution incorporates the concept of federalism
in various provisions ... Constitution is unitary. The
respective legislative powers are traceable
to Articles 245 to 254 of the Constitution.
The State qua the Constitution is federal
Units by the Constitution. This is
the principle embodied in our
Constitution." (emphasis supplied)
The Constitution incorporates the concept of federalism
in various provisions ... Constitution is unitary. The
respective legislative powers are traceable
to Articles 245 to 254 of the Constitution.
The State qua the Constitution is federal
Said:
“…………………. A Federal Constitution cannot but be a
written Constitution and a written Constitution must
necessarily be a rigid Constitution. A Federal
Constitution means division ... Constitution was
forged. Dr Ambedkar, one of the principal architects
of our Constitution, considered our Constitution to
be ‘both unitary as well as federal according
distribution of powers between them. Federalism,
therefore, essentially implies demarcation of powers in a
federal compact.
15. The oldest federal model in the modem world ... Confederation (1781) and then into a
Federation (1789). Although the States may have their own
Constitutions, the Federal Constitution is the suprema
situation would not justify
the Court upsetting the federal or quasi-federal system
created by the Constitution.
9.As regards the exercise of jurisdiction ... Constitution. According to
Article 1 of the Constitution, India is a `Union' of
States, which means a Federation of States. Every federal
system requires
distribution of powers between them. Federalism,
therefore, essentially implies demarcation of powers in a
federal compact.
15. The oldest federal model in the modem world ... Confederation (1781) and then into a
Federation (1789). Although the States may have their own
Constitutions, the Federal Constitution is the suprema
Constitution by A.V. Dicey, p.LXXVII). Thus the dominant characteristic of the British Constitution cannot be claimed by a Federal Constitution like ours ... essential to the Federal form of Government.
4. Federal set up is always understood in contradistinction to unitary State. Federalism, whether understood as pragmatic
Constitution is one thing; the practice is another. The mere presence of unitary features in a Constitution, which may make a Constitution quasi-federal ... strict separation of powers under the Indian Constitution, that the Indian Constitution, though federal, has unitary bias and tended to be unitary in the actual
purely
Federal in character. It is partly federal and partly unitary and more unitary
than federal in character. When we accepted federation the position prevailing ... Government has degenerated into federalism. As far as federalism is
concerned, Sir, almost in all federal countries the constitution has tended
towards a unitary form
