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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 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.The federal polity, in other words, provides a constitutional device for bringing unity in diversity and for the achievement of common national goals. A federal government exists when the powers of the government for a community are divided substantially according to a principle that there is a single independent authority for the whole area in respect of some matters and there are independent regional authorities for other matters, each set of authorities being co-ordinate to and subordinate to the others within its own sphere.The Constitution of India has adopted federal features; though it does not, in fact, claim that it establishes a federation.Here is an example of one that we just finished servicing this week.
The Concurrent List has 47 subjects important to both the Union and the State such as Electricity, Trade Union, Economic and Social Planning, etc.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.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.