Previous Year Question
Given below are two statements, one is labelled as Assertion (A) and the other as Reason (R):
Assertion (A): Indian federalism is called ‘Quasi-federal’.
Reason (R): India has an independent judiciary with power of Judicial Review.
Select the correct answer from the codes given below:
Both (A) and (R) are true and (R) is the correct explanation of (A).
Both (A) and (R) are true but (R) is not the correct explanation of (A).
(A) is true but (R) is false.
(A) is false but (R) is true.
Correct Answer: B
Detailed Solution
Assertion (A) is correct. The Indian Constitution contains both federal and unitary features. The Supreme Court has also described the Indian constitutional arrangement in various decisions as quasi-federal, recognising that although States possess independent legislative powers within their spheres, the Union has a comparatively stronger position in several circumstances.
Federal features include a dual structure of Union and State Governments, constitutional distribution of powers, a written and supreme Constitution and an independent judiciary. On the other hand, features such as residuary legislative powers with the Union, Emergency provisions and Parliament's power to legislate on State List matters in certain circumstances strengthen the Centre.
Reason (R) is also correct. India has an independent judiciary, and courts possess the power of Judicial Review to invalidate legislation or governmental action that violates the Constitution. The Supreme Court has also recognised judicial independence as part of the Basic Structure of the Constitution.
However, an independent judiciary and Judicial Review are features of a federal constitutional system; they do not by themselves explain why India is described as quasi-federal. The quasi-federal character arises from the overall combination of federal and unitary features.