On 6th December, Congress MP Shashi Tharoor criticised Home Minister Amit Shah over his statement in the Lok Sabha saying that the country can have only one constitution and one flag. Drawing examples of the United States and Australia, Tharoor asked if the states in the US can have their flag and body and the Australians even have their own Prime Ministers; why can it not happen in India?
#WATCH | Delhi: Congress MP Shashi Tharoor says, "..In the Home Minister's (Amit Shah) intervention yesterday, he had sort of taunted the opposition saying, "How can a country have more than 1 constitution, more than 1 flag". But if he looks around the world, there are many… pic.twitter.com/TxK4ZKUrEA
— ANI (@ANI) December 6, 2023
Speaking to the news agency ANI, he said, “In the Home Minister’s (Amit Shah) intervention yesterday, he had sort of taunted the opposition saying, “How can a country have more than one constitution, more than one flag”. But if he looks around the world, there are many federal countries where there is more than one constitution, more than one flag. For example, in America, each of the 50 states has its own constitution and its own flag. In, Australia, not only is the same thing true that they have their own constitution, their own flag, but they also have their own prime minister each of the states. So there is no bar against this. I mean, you can say that in India, we don’t want this. That’s fine. But don’t say no country can have it because other countries do have.”
The difference between the Indian and the US Constitutions
Tharoor, to criticise the Home Minister, forgot that there are fundamental differences between the Constitutions of India and the US. First of all, in the US, the states have the right to call for amendment to the Constitution. On the other hand, the states do not have any such power. However, after finalising the amendments in the Parliament, half of the states must agree to it so that the amendments are legally adopted.
In an emergency, the Centre becomes the supreme power in India, and the states’ powers become null and void. Furthermore, the states in India do not have the power to call for amendments to the Constitution. On the other hand, in the US, the states have constitutions that are extensions of the US Constitution. They have the power to amend it and bring laws as per the local requirements. Indian states have separate laws, but the Central government can centralize a low depending on the situation.
The fundamental structure of the states in the US is entirely different from that of India. The US operates under a federal system of government. The power is shared between the federal government and individual states. The US Constitution and the state constitutions define the division of powers at the state and federal levels. India, on the other hand, has a quasi-federal system. The states here derive power from the Constitution of India and have no power to challenge it.
When the US Constitution was drafted in 1787, each state already had its own Constitution. The US Constitution serves as the framework for the federal government, allowing states to have their Constitutions. The case in India is different. At the time of independence in 1947, India was divided into provinces and princely states, which had their own governance system. The Constitution of India was framed to establish a unified and sovereign nation. The states derive their authority from the single Constitution and have their laws where required.
Why do US states have their own flags?
Now, coming to the separate flags in the US, they were territories that acted independently before the states were annexed into one Country. They had their own rules and laws. The state flags remind them of their history and are often seen as an extension of powers to the Federal government. In India, when the Country gained independence, it was decided that India would function under a single flag. Some states like Karnataka and Tamil Nadu have proposed flags that are never officially recognised. Only the state of Jammu and Kashmir had its flag till 2019, which stood nullified with the abrogation of Article 370.
Australian states DO NOT have their own Prime Ministers
Tharoor is a seasoned politician. Seeing him claiming that Australian states have their own ‘Prime Ministers’ was shocking. Each state in Australia has a Premier, the state’s top authority. However, he or she is not the final authority. The prime minister is more like the state’s chief minister, just like India.
Amit Shah emphasised on one PM, one flag and one constitution
During a Lok Sabha debate, Home Minister Amit Shah defended the abrogation of Article 370 in Jammu and Kashmir, citing the need for one Prime Minister, flag, and Constitution. Shah argued that the changes corrected a historical anomaly. In response to TMC MP Saugata Ray’s concerns, Shah criticized the previous bifurcation of Jammu and Kashmir into Union Territories.
