Detailed Notes
Chapter 13: Federal System
Introduction
Federalism is a system of government where powers are constitutionally divided between a central authority and regional units (e.g., states). In India, although the term “federal” is not explicitly used in the Constitution, Article 1 describes India as a “Union of States”, indicating a federal polity with a unitary bias. This makes India a quasi-federal state, blending federal and unitary features to balance national unity with regional diversity. As Dr. B.R. Ambedkar noted, “India is a federal system in normal times but becomes unitary in times of emergency”, highlighting its unique structure.
Definition of Federation
- A federation involves a constitutional division of sovereignty between a central authority and constituent units (states/provinces).
- Examples: USA, Canada, Australia.
- Indian Context: India’s federalism is tailored to its vast size, diverse population, and historical context, with a stronger central authority compared to classical federations like the USA.
Why India Adopted a Federal System
- Large Size and Population: Decentralization ensures efficient governance across India’s vast territory and population.
- Regional Diversity: Accommodates linguistic, cultural, religious, and ethnic diversity (e.g., Tamil Nadu’s Tamil culture, Punjab’s Sikh heritage).
- Historical Experience: British-era provinces (e.g., Bombay, Madras) had distinct identities, necessitating regional autonomy.
- Unity in Diversity: Balances a strong Centre for national unity with state autonomy for local governance.
- Significance: Federalism enables India to manage diversity while maintaining a cohesive national framework.
Federal Features of the Indian Constitution
India exhibits several hallmarks of a federal system:
- Dual Polity: Separate governments at the Centre (Union) and States, each with defined roles.
- Division of Powers: The Seventh Schedule allocates powers via Union List, State List, and Concurrent List.
- Written Constitution: A detailed, codified document outlines powers and functions, ensuring clarity.
- Supremacy of the Constitution: Both Centre and States operate within constitutional limits.
- Rigid Constitution: Amendments affecting Centre-State relations (e.g., Seventh Schedule) require special majority and state ratification (Article 368).
- Independent Judiciary: The Supreme Court resolves Centre-State disputes and safeguards federal principles.
- Bicameral Legislature: Rajya Sabha represents states, ensuring their voice in national law-making.
Unitary Features of the Indian Constitution
India’s federalism leans toward a unitary bias, with strong centralizing tendencies:
- Strong Centre: The Union List (97 subjects) is more extensive and powerful than the State List (66 subjects).
- Single Constitution: Unlike the USA, states lack separate constitutions (except Jammu & Kashmir earlier).
- Single Citizenship: All Indians are citizens of India, not of individual states (Article 5).
- Flexibility of Constitution: The Centre can reorganize state boundaries/names (Article 3) without state consent.
- Appointment of Governors: Governors, appointed by the Centre (Article 155), act as its representatives in states.
- All-India Services: Officers of IAS, IPS, etc., serve both Centre and States, ensuring uniformity (Article 312).
- Emergency Provisions: During emergencies (Articles 352, 356, 360), the Centre assumes significant control over states.
Why India is Called “Quasi-Federal”?
- Federal in Structure: Normal times feature a clear division of powers, with elected governments at both levels.
- Unitary in Spirit: During emergencies, the Centre dominates, centralizing governance.
- Significance: This hybrid model ensures national unity while allowing regional autonomy, adapting to India’s unique socio-political context.
Important Provisions Related to Federalism
| Article | Provision |
|---|---|
| Article 1 | Defines India as a Union of States, emphasizing unity. |
| Article 245 | Specifies the territorial extent of legislative powers. |
| Article 246 | Outlines Union, State, and Concurrent Lists (Seventh Schedule). |
| Articles 256–263 | Govern Centre-State administrative relations, including coordination mechanisms. |
| Articles 352–360 | Emergency provisions that shift power to the Centre. |
Centre-State Relations
Centre-State relations are categorized into three dimensions:
- Legislative Relations
- Division of Powers (Seventh Schedule):
- Union List (97 subjects, e.g., defense, foreign affairs): Exclusive to Centre.
- State List (66 subjects, e.g., agriculture, police): Exclusive to States.
- Concurrent List (47 subjects, e.g., education, marriage): Shared jurisdiction, with Union law prevailing in conflicts.
- Parliament’s Override: The Centre can legislate on State List subjects under specific conditions, e.g., national interest (Article 249) or emergencies (Article 356).
- Significance: Ensures flexibility while maintaining central authority.
- Division of Powers (Seventh Schedule):
- Administrative Relations
- Normal Operations: States administer their laws independently.
- Central Directions: The Centre can issue directives to states (Article 256) to ensure compliance with constitutional obligations.
- Emergency Control: During President’s Rule (Article 356), the Centre assumes state administration.
- Significance: Balances autonomy with centralized coordination.
- Financial Relations
- Revenue Dependence: States rely on the Centre for funds through tax-sharing and grants-in-aid (Article 275).
- Finance Commission (Article 280): Recommends equitable division of revenues between Centre and States.
- Significance: Addresses fiscal imbalances while fostering cooperative federalism.
Institutions for Federal Cooperation
- Inter-State Council (Article 263): Facilitates Centre-State and inter-state coordination on policy issues.
- Zonal Councils: Promote regional cooperation (North, South, East, West, North-East Zones).
- Finance Commission (Article 280): Ensures fair financial distribution.
- GST Council: A federal body where Centre and States collaborate on Goods and Services Tax policies (101st Amendment, 2016).
Challenges to Indian Federalism
- Centralization Tendency: Overuse of President’s Rule (Article 356) in the past to dismiss state governments.
- Financial Dependence: States’ limited revenue sources create reliance on the Centre.
- Regionalism and Autonomy Demands: Movements like Gorkhaland or Bodoland seek greater state powers.
- Political Friction: Differing party affiliations at Centre and State levels lead to conflicts.
Recent Trends in Indian Federalism
- Cooperative Federalism: Enhanced collaboration through platforms like the GST Council and joint efforts during crises (e.g., COVID-19 management).
- Competitive Federalism: States compete to attract investments and improve governance (e.g., Ease of Doing Business rankings).
- Judicial Support:
- S.R. Bommai Case (1994): Restricted misuse of Article 356, reinforcing federalism by ensuring President’s Rule is justified.
- Delhi Govt. vs Lt. Governor Case (2018): Upheld the elected government’s authority in Union Territories, strengthening federal principles.
Conclusion
India’s quasi-federal system is a dynamic balance of central authority and state autonomy, tailored to its diverse and complex society. By combining federal features (e.g., division of powers) with unitary elements (e.g., emergency provisions), it ensures unity in diversity. As Dr. B.R. Ambedkar stated, “Federalism is not a weakness but the secret of India’s strength”, and evolving trends like cooperative and competitive federalism continue to strengthen this framework, fostering national unity and effective governance.