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Research Paper Volume 9 Issue 1 2327 - 2336 March 22, 2026

The Constitutional Identity of India: A Federal Structure with Unitary Features

Lead author · Corresponding
Nikhil Kumar
Assistant Professor at Department of Law, Harishchandra Post Graduate College, Varanasi, U.P., India
Abstract

India’s Constitution embodies a unique constitutional identity that blends federal structure with a strong unitary orientation. While the Constitution establishes a federal system through the division of powers between the Union and the States, a written Constitution, and an independent judiciary, it simultaneously vests overriding authority in the Union to preserve national unity and integrity. This paper examines the concept of India being “federal in form but unitary in spirit” by analyzing constitutional provisions such as the Union–State legislative relations, emergency powers, the role of the Governor, and the All-India Services. Judicial interpretations by the Supreme Court, which have consistently described India as a “quasi-federal” polity, are also critically evaluated. The study further explores how contemporary challenges, such as regional aspirations, fiscal federalism, cooperative federalism, and centralization tendencies, shape India’s evolving constitutional framework. By balancing diversity with unity, the Indian Constitution reflects a pragmatic approach to federalism, ensuring flexibility and stability in governance while safeguarding the supremacy of the Constitution and the sovereignty of the nation.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 9, Issue 1, Page 2327 - 2336
Creative Commons
CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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