Essay on the essentials of the true federation

As per political theory there are certain essential features of a true federation, some of which are as under:

(i) Dual Government:

In a federation, there are essentially two governments, one at the federal level and the other at the provincial level. Both the governments draw their authority from the same source.

(it) Distribution of Powers:

There is a division of authority in all federation may vary but clear and defined distribution of legislative, executive and financial powers is a must for any federal State.

(Hi) Supremacy of the Constitution:

All that powers are derived by the federation from the Constitution, which generally is a written document.

(iv) Authority of Courts:

Courts have the power to interpret any law or the constitutionality of any action of the government.

(v) Dual Citizenship:

Most of the federations prescribe dual citizenship for their citizens. Hence, in addition to being the citizens of the federation, the citizens also hold the citizenship of the State concerned.

(vi) Right to Secede:

Most of the federations are formed by a voluntary agreement with the states having the right to secede from the federation.

If from the Indian federation point of view, it is taken in the above light, then it is revealed that while the first four conditions are met, the last two are not^ provided for Indian Constitution provides for single citizenship for the Union only. Moreover, since the mode of formation of Indian federation was not a formal agreement but historic evolution, there is no right to secede available to the state. In addition, there are certain provisions that emphasis the unitary tendencies in the Constitution.

The provisions regarding emergency are some much example. The manner of appointment and removal of Governors of the State and the residual powers with the centre hint the unitary bias in the Constitution. Hence, it is rightly said to be a federal state with strong unitary bias.