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The supremacy of the constitution means that both, the Union and the State Governments, shall operate within the limits set by the Constitution.And both the union government and the central government derive their powers from the constitution.: The constitution of India is a rigid constitution and this is one of the basic features of federal constitution.
The Constitution of India has adopted federal features; though it does not, in fact, claim that it establishes a federation.
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.
However, this is not applicable in case of Indian States.
They have unequal representation in the Rajya Sabha.
In a true federation such as that of United State of America every State irrespective of their size in terms of area or population it sends two representatives in the upper House i.e. In addition to all this, all important appointments such as the Chief Election Commissioner, the Comptroller and Auditor General are made by the Union Government. There is no provision for separate Constitutions for the states.
The States cannot propose amendments to, the Constitution.
In other words, Governor is the agent of the Centre in the States.
The working of Indian federal system clearly reveals that the Governor has acted more as centre’s representative than as the head of the State.
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.
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.