Previous Year Question
Which one of the following in Indian polity is an essential feature that indicates that it is federal in character?
The independence of the judiciary is safeguarded.
The Union Legislature has elected representatives from constituent units.
The Union Cabinet can have elected representatives from regional parties.
The Fundamental Rights are enforceable by Courts of Law.
Correct Answer: A
Detailed Solution
In a federal system, the Constitution distributes powers between the Union and the States. An independent judiciary is essential to protect this distribution, maintain constitutional supremacy and impartially decide disputes between the Union and the States.
Therefore, option (a) is the essential feature indicating the federal character of the Indian polity.
Connection between an independent judiciary and federalism
In a federation, the Union and State governments derive their powers from the Constitution. If either level of government exceeds its constitutional jurisdiction, an independent judiciary can examine the validity of its laws or actions.
Important constitutional foundations include:
Article 131: Original jurisdiction of the Supreme Court in certain disputes between the Union and States or between States.
Articles 245–246: Distribution of legislative powers between Parliament and State Legislatures.
Seventh Schedule: Union List, State List and Concurrent List.
Articles 32 and 226: Constitutional remedies and judicial review.
Articles 124–147: Provisions concerning the organisation, jurisdiction and independence of the Supreme Court.
Article 214: Provision for a High Court for each State.
Security of tenure, a difficult removal process and charging judicial salaries upon the Consolidated Fund are among the safeguards of judicial independence.
Why are the other options not decisive?
Option (b): Elected representatives from constituent units
The Rajya Sabha represents the States and is an important federal feature. However, the mere presence of representatives elected from constituent units is not, by itself, an essential or conclusive test of federalism. Representative arrangements may also exist in non-federal systems.
Option (c): Representatives of regional parties
The presence of members of regional parties in the Union Cabinet depends on political circumstances or coalition arrangements. It is not a constitutional requirement of federalism.
Option (d): Judicial enforcement of Fundamental Rights
Enforceable Fundamental Rights represent constitutionalism and the rule of law. They are not exclusive to federations; they may also exist in unitary constitutional systems.
Principal features of Indian federalism
Dual government consisting of the Union and the States.
A written and supreme Constitution.
Constitutional distribution of powers between the Union and the States.
Requirement of State ratification for amendments to specified federal provisions.
An independent judiciary.
A bicameral Union Legislature.
Article 1 describes India as a “Union of States.”