The US constitution, in all its provisions, looks to an” indestructible union composed of indestructible states “ while on the other hand India is a “indestructible union of destructible state”. Explain
The Indian Constitution in Article 1 describes the country as ‘Union of States’ although its Constitution is federal in nature. India has been described as ‘union of states’ and not ‘federation of states’. The country was divided into states for easing governance and is not a coming together of states to form a country. In holding together federation, the constituent state governments can implement laws and decisions only after having permission from the central/union government. In this type of federation, the central/union government is more powerful than the constituent state governments. Such type of federation can be seen in countries like India, Spain, Belgium, etc.
Indestructible union of states
- India is called so because it is not the result of an agreement among the states, like the American Federation.
- The states have no right to secede from the federation. The federation is a union because it is indestructible.
- The integrity and unity of the country is fixed and no state can claim independence from the union.
Destructible states
- Article 3 of the constitution gives powers to the union government to create new states, merge two or more states or even alter the boundaries of states.
- The states are not indestructible as they can be modified. This ensures that aspirations of the people to form their own state are fulfilled and the unity and integrity of the country is intact.
Thus, constitution framers designed a structure that is flexible to accommodate India’s linguistic and regional diversity but upholds the unity of the country.
Case of USA
United States is a Federation of indestructible States. In coming together federation, the constituent state governments can implement their own laws and decisions without the interference of the central/union government. In this type of federation, both the constituent state governments and central/union government have almost equal powers. Such type of federation can be seen in countries like U.S.A, Switzerland, Australia, etc.
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