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In a federal set up there is a two tier of Government with well assigned powers and functions.

In this system the central government and the governments of the units act within a well defined sphere, co-ordinate and at the same time act independently. Wheare defines federal government as an association of states, which has been formed for certain common purposes, but in which the member states retain a large measure of their original independence.

The question whether the Indian Constitution could be called a federal constitution troubled the minds of the members of the Constituent Assembly.

This question cannot be answered without going into the meaning of federalism and the essential features that are evident in federal state.

However, this is not applicable in case of Indian States.

The Constitution of India has adopted federal features; though it does not, in fact, claim that it establishes a federation.Such an amendment has to be passed by majority of total members of each house of the Parliament as well as by two-thirds majority of the members present and voting there in.However, in addition to this process, some amendments must be approved by at least 50% of the states.But for the very clear picture of this conclusion first of all we have to know that what is the federal constitution and what is unitary constitution.What feature of Indian constitution makes it federal or what features makes it unitary.It can declare a law as unconstitutional, if it contravenes any provision of the Constitution.In spite of the fact that the Indian Constitution establishes a federal structure, it is indeed very difficult to put the Indian Constitution in the category of a true federation.A unitary system is governed constitutionally as one single unit, with one constitutionally created legislature. A unitary state is a sovereign state governed as one single unit in which the central government is supreme and any administrative divisions (sub national units) exercise only powers that the central government chooses to delegate.This is one of the federal features of the Indian constitution.The following provision of Indian constitution makes it unitary Article I of the Constitution describes India as a ‘Union of States’, which implies two things: firstly, it is not the result of an agreement among the States and secondly, the States have no freedom to secede or separate from the Union.Besides, the Constitution of the Union and the States is a single framework from which neither can get out and within which they must function.

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