Q1. “India that is ‘Bharat’, shall be a Union of States.” Explain. Do you think that the Indian Constitution is a Federal Constitution? Discuss with the help of decided cases. (15) [2019/Law I/3(c)]
Answer Approach:
• Introduction: Start with Art.1. Briefly explain what is meant by India shall be a “Union of States” and why this phrase was chosen over the phrase “Federation of States.”
• Main body: Briefly enumerate the characteristics of a federation. Mention each characteristic of Indian polity that differs from the federal features along with the need for opting for the same. You can include landmark judgements on federalism such as Keshavanand Bharti case, S.R. Bommai case, etc.
• Conclusion: In the conclusion, while reiterating the departure from federation, mention how Indian polity has been called sui generis or quasi- federal by many eminent jurists.
• Tip for students: Please bear in mind that even though the question requires you to discuss with the help of decided cases, the core content and explanation of the points is more important than including a number of cases.
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