Federalism is an important feature of the Indian constitution where power is divided between the centre and its constituent parts such as states or provinces. The Supreme Court of India established conditions that must be met in order for the constitution to be federal. A federal government, on the other hand, is one in which powers are divided by the Constitution between the national government and the regional governments, and both operate independently in their respective jurisdictions. This article explains the Federal Features of the Constitution which is important for UPSC Indian Polity Preparation.

What Is Federalism?

• The term "federation" comes from the Latin word foedus, which means "treaty" or "agreement."
• As a result, a federation is a new state (political system) formed by a treaty or agreement between the various units.
• A federation can be formed in two ways: through integration or through disintegration.
• In the first case, a number of militarily weak or economically backward (independent) states join forces to form a large and powerful union, such as the United States.
• In the second case, a large unitary state is transformed into a federation by granting provinces autonomy in order to promote regional interest (for example, Canada).
• The Indian Constitution establishes a federal system of government in the country.
• The framers chose the federal system for two main reasons: the country's large size and sociocultural diversity.
• They recognized that the federal system not only ensures effective national governance but also reconciles national unity with regional autonomy.
• The Indian federal system is modelled after the 'Canadian model,' not the 'American model.'
• The 'Canadian model' is fundamentally different from the 'American model' in that it establishes a very strong centre.
• The Indian federation is similar to the Canadian federation in three ways:
  • in its formation (i.e., through disintegration);
  • in its preference for the term 'Union' (the Canadian federation is also referred to as a 'Union'); and
  • in its centralizing tendency (i.e., vesting more powers in the centre than in the states).

Federal Features Of Indian Constitution

1. Dual Polity

• The Constitution establishes a dual polity with the Union at its core and the states at its periphery.
• Each is endowed with sovereign powers to be exercised in the respective fields assigned to them by the Constitution.
• The Union government is in charge of national issues such as defence, foreign affairs, currency, communication, and so on.
• State governments, on the other hand, are in charge of regional and local issues such as public order, agriculture, health, and local government.

2. Written Constitution

• The Constitution is not only a written document, but it is also the world's longest.
• It began with a Preamble, 395 Articles (divided into 22 Parts), and 8 Schedules.
• It currently consists of a Preamble, approximately 470 Articles (divided into 25 Parts), and 12 Schedules.
• It defines the structure, organization, powers, and functions of the federal and state governments, as well as the boundaries within which they must operate.
• As a result, misunderstandings and disagreements between the two are avoided.

3. Division Of Powers

• In the Seventh Schedule, the Constitution divided powers between the Centre and the states using the Union List, State List, and Concurrent List.
• The Union List has 98 subjects (up from 97), the State List has 59 subjects (previously66), and the Concurrent List has 52 subjects (originally 47).
• The Centre and the states can both pass laws on the subjects on the concurrent list, but in the event of a conflict, the Central law takes precedence.
• The Centre receives residuary subjects (those that are not mentioned in any of the three lists).

4. Supremacy Of The Constitution

• The Constitution is the highest (or supreme) law of the land.
• The laws passed by the Centre and the states must be consistent with its provisions.
• Otherwise, they can be declared invalid by the Supreme Court or the lower courts using their judicial review powers.
• As a result, the organs of government (legislative, executive, and judicial) at both levels must operate within the boundaries established by the Constitution.

5. Rigid Constitution

• The division of powers established by the Constitution, as well as the Constitution's supremacy, can only be maintained if the method of amendment is rigid.
• As a result, the Constitution is rigid to the point where those provisions dealing with the federal structure (i.e., Centre-state relations and judicial organization) can only be amended by a joint action of the Central and state governments.
• Such provisions necessitate a special majority in Parliament as well as the approval of half of the state legislatures in order to be amended.

6. Independent Judiciary

• The Constitution establishes an independent judiciary led by the Supreme Court for two purposes:
  • to protect the supremacy of the Constitution through judicial review; and
  • to resolve disputes between the Centre and the states or between the states.
• To make the judiciary independent of the government, the Constitution includes provisions such as tenure security for judges, fixed service conditions, and so on.

7. Bicameralism

• The Constitution establishes a bicameral legislature with an Upper House (Rajya Sabha) and a Lower House (Lok Sabha).
• The Rajya Sabha represents the states of the Indian Federation, whereas the Lok Sabha represents the entire population of India.
• The Rajya Sabha (despite being a weaker chamber) is responsible for maintaining federal equilibrium by safeguarding state interests against undue interference from the Centre.

Constitutional Provisions

• The term "federation" appears nowhere in the Constitution. Article 1 of the Constitution, on the other hand, refers to India as a "Union of States."
• According to Dr. B.R. Ambedkar, the phrase 'Union of States' has been preferred over 'Federation of States' to indicate two things:
  • the Indian federation, unlike the American federation, is not the result of an agreement among the states; and
  • the states have no right to secede from the federation.
• The federation is a union because it is indestructible.

Areas of Conflict

• The Indian Constitution deviates from traditional federal systems such as the United States, Switzerland, and Australia by incorporating a large number of unitary or non-federal features, tilting the balance of power in favour of the Centre.
• This has prompted constitutional experts to question the Indian Constitution's federal character.
• KC Wheare has described India's Constitution as "quasi-federal."
• Indian Union is a unitary state with subsidiary federal features rather than a federal state with subsidiary unitary features.
• The two factors that have contributed to the Constitution's increasing unitary bias (tendency toward centralization) are:
  • the Centre's financial dominance and the states' reliance on Central grants; and
  • the emergence of a powerful former planning commission that controlled the development process in the states.

Challenges of Federalism in India

• Financial Imbalance: States often complain about a lack of financial autonomy and dependency on the central government for funds.
• Political Differences: Political differences between the ruling parties at the center and in the states can hinder cooperation. Ideological divergences and political considerations may lead to a lack of consensus on crucial policy issues.
• Jurisdictional Overlaps: Overlapping jurisdiction and concurrent subjects in the Constitution can lead to confusion and conflicts regarding the division of powers between the center and states. The central government is often been accused of taking sides in case of disputes between states.
• Misuse of Central Agencies: Bodies like CBI, NCB etc are often accused of targeting states ruled by opposition parties.
• Disparities among States: States in India vary significantly in terms of economic development, resources, and infrastructure. Competitive federalism might exacerbate these disparities, as economically stronger states may find it easier to attract investments and skilled manpower, leaving weaker states behind.

Eg. Development disparity experienced by states like Bihar, Odisha, and Rajasthan in comparison to states like Maharashtra, Gujarat, Karnataka etc.

• Growing Centralisation tendencies: Growing centralisation tendencies can be traced in some of the steps taken by the Center in recent years. For Example, implementation of GST has taken away much of the autonomy available to states and has made the country’s indirect tax regime unitary in nature.(101st Constitutional Amendment Act),Disaster Management Act enforced during Covid pandemic used by centre to overpower states and recently passed Farms Laws etc.
• Lack of Coordination: Central government has been accused of targetting Opposition party-ruled states. Eg. Discrimination in the devolution of grants and other resources. Many states have rejected centre schemes like PMFBY and Ayushman Bharat which impact governance.
• Misuse of office of Governor: In many states Governor is accused of arbitrary interference in states’s affairs which causes delays in decision making. For example Medical Examination Bill of Tamil Nadu and, the Kolkata Municipal Corporation Bill obstructed by Governors.
• Despite the constitution's provision for a division of powers between the centre and the states, the Centre possesses superior legislative powers through residuary and legislative precedence.

Conclusion

Federalism is safeguarded in India by the Indian constitution, which is regarded as paramount. The division of authority, constitutional supremacy, written constitution, rigour, independent judiciary, and a bi-cameral legislature are all significant aspects of federalism. The Union is not a loosely linked league of states, nor are the states agencies of the Union with delegated competences. The Union and the states are both created by the Constitution, and both draw their respective power from it.

FAQs

MCQs

1. What does the term "quasi-federal" imply in the context of India's Constitution?

A. Fully federal
B. Fully unitary
C. Combination of federal and unitary features
D. No division of powers

2. What is the key feature of a federal government?

A. No division of powers
B. Strong central government
C. Division of powers between central and regional governments
D. Central government controls all areas

3. Which schedule in the Indian Constitution deals with the division of powers?

A. First Schedule
B. Sixth Schedule
C. Seventh Schedule
D. Ninth Schedule

4. Who resolves disputes between the Centre and states in India?

A. Prime Minister
B. Parliament
C. Judiciary
D. President

5. Which feature ensures the Constitution’s supremacy in India?

A. Federalism
B. Judicial Review
C. Unitary System
D. Parliamentary Sovereignty

GS Mains Questions and Model Answers

Q1: Examine the federal features of the Indian Constitution and discuss how they contribute to India’s governance.

Answer: The federal features of the Indian Constitution include dual polity, the division of powers, a written constitution, the supremacy of the Constitution, an independent judiciary, and bicameralism. These elements ensure a balance between the central and state governments, allowing for regional autonomy while maintaining national unity. Federalism in India accommodates its vast socio-cultural diversity, enabling effective governance across multiple levels. However, the Constitution’s quasi-federal nature ensures a strong Centre to handle national crises or emergencies, preserving the integrity of the nation.

Q2: Discuss how the division of powers between the Centre and states has evolved in India.

Answer: The division of powers between the Centre and states is outlined in the Seventh Schedule, which classifies subjects into the Union, State, and Concurrent Lists. Over time, this division has evolved, particularly with the Centre assuming greater control during emergencies and through central laws that supersede state laws in the Concurrent List. Moreover, the Centre’s financial dominance and planning through centralized institutions have gradually strengthened its role, while states have sought more autonomy, particularly after decentralization efforts post-1992.

Q3: Analyze the role of the judiciary in maintaining the federal balance in India.

Answer: The judiciary plays a crucial role in maintaining the federal balance by interpreting the Constitution, resolving Centre-state disputes, and upholding the supremacy of the Constitution. Through judicial review, the judiciary ensures that neither the Centre nor the states overstep their constitutional boundaries. The Supreme Court has been pivotal in landmark cases, such as S.R. Bommai vs. Union of India, where it reinforced federalism by curbing arbitrary use of President’s Rule, thereby safeguarding the autonomy of state governments.

Previous Year Questions on Federalism in India

1. UPSC CSE Prelims 2018

Question: Which of the following features make India a quasi-federal state?
A. Dual polity
B. Supremacy of the Constitution
C. Strong Centre
D. Independent Judiciary

Answer: C

Explanation: India is termed quasi-federal due to the centralizing tendency of its Constitution, particularly the strong Centre in areas like financial and emergency powers.

2. UPSC CSE Mains 2015 (GS Paper 2)

Question: “Though federalism under the Indian Constitution leans in favor of a strong Centre, it maintains the federal balance.” Discuss.

Answer: India’s Constitution is often described as quasi-federal, with a strong Centre, especially in matters like emergencies, finance, and concurrent legislation. However, mechanisms like the independent judiciary, judicial review, and the division of powers between the Centre and states help maintain the federal balance. While states have considerable autonomy in their respective areas, the Centre's overarching power ensures national unity, reflecting a balance between federalism and centralization.

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