Question 67 from UPSC CSE 2021 - Polity & Governance

Question

Which one of the following in Indian polity is an essential feature that indicates that it is federal in character?

Accepted Answer

Correct Option: A. The independence of judiciary is safeguarded.

Strategy: Select the most exclusive indicator of a federal structure. The independent judiciary is a hallmark of federalism, uniquely responsible for arbitrating disputes between the central and state governments and safeguarding the constitutional division of powers. Other features may also exist in unitary systems and are therefore not definitive.

Key Info: Federalism refers to a system where powers are constitutionally divided between a central authority and constituent units (states or provinces).

**Key Features of a Federal Polity:**

- **Independent Judiciary:** A federal judiciary, typically headed by a Supreme Court, has authority to resolve disputes between various levels of government and protect the Constitution's division of powers. This ensures neither the Centre nor the States can exceed their constitutional limits.
- **Written and Rigid Constitution:** Federal systems like India and the USA have a written Constitution that clearly delineates powers, making it difficult to alter the federal arrangement unilaterally.
- **Supremacy of the Constitution:** In a federal state, the Constitution is supreme and binding on both Centre and States; all laws and actions must conform to its provisions.
- **Division of Powers:** Legislative, executive, and sometimes financial powers are specifically distributed between Centre and States (Union, State, and Concurrent Lists, in India's case).
- **Bicameralism:** A federal legislature commonly features an upper house (Rajya Sabha in India) representing constituent units.

Judicial independence is manifested in secure tenure, fixed service conditions, power of judicial review, and authority to interpret the Constitution and enforce the fundamental distribution of powers.

By contrast, features like an elected Union Legislature or enforceability of rights by courts exist in some unitary states, and the inclusion of regional party members in the cabinet is a political, not structural, phenomenon.

Answer

Option B: The Union Legislature has elected representatives from constituent units.

Answer

Option C: The Union Cabinet can have elected representatives from regional parties.

Answer

Option D: The Fundamental Rights are enforceable by Courts of Law.