"In spite of unitary features of the Constitution, federalism survived in India." Comment.

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Ghissu Editorial · Accepted Answer

Federalism has survived despite unitary features like residuary powers, Governors and emergency provisions because the Seventh Schedule divides powers, courts arbitrate Centre-State disputes and regional parties govern states autonomously. The Bommai judgment (1994) curbed misuse of Article 356, protecting elected state governments.

**Introduction**

The Indian Constitution uniquely combines federal and unitary features to manage diversity and ensure national unity, enabling federalism to survive through constitutional mechanisms and political pluralism. This blend allows the coexistence of diverse state governments within a strong Union framework, adapting to India’s complex social and political realities.

**Unitary Features of the Indian Constitution**

1. **Residual Powers to Centre**: Article 248 vests residual legislative powers exclusively in the Union Parliament, underscoring central dominance in unforeseen areas.

**Survival and Functioning of Federalism**

1. **Constitutional Division of Powers**: The Seventh Schedule demarcates Union, State, and Concurrent Lists, sustaining federal governance by allowing states to legislate independently on state subjects.
2. **Judicial Protection of Federalism**: The Supreme Court’s S.R. Bommai (1994) judgment curbs misuse of Article 356, reinforcing federalism by limiting arbitrary dismissal of state governments.
3. **Political Pluralism and State Autonomy**: Regional parties like ==Telugu Desam Party in Andhra Pradesh== demonstrate operational federalism where states exercise significant political autonomy.

**Interaction and Tension**

2. **Political Pluralism and Centre-State Negotiation**: Disputes over river waters involving ==Andhra Pradesh== and the presence of diverse regional parties reflect ongoing negotiation between central authority and state interests.

**Way Forward**

1. **Strengthen Institutions**: Empower the Inter-State Council and Finance Commission for balanced Centre-State cooperation and fiscal autonomy.
2. **Reform Emergency Provisions**: Amend Article 356 to prevent misuse and protect federalism, ensuring safeguards against arbitrary central intervention.

**Conclusion**

Indian federalism thrives despite unitary features due to flexible constitutional design, judicial safeguards, and political diversity, ensuring unity with autonomy. This balance preserves national integrity while respecting state autonomy, fulfilling the constitutional vision of “Unity in Diversity.”

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