Introduction:
The
Federal System in India is one of the most important topics in Indian
Polity. The term "federal" means a division of powers between two
levels of government – usually, the central government and state governments.
In India, although the Constitution does not use the word "federal,"
it provides for a system where powers are divided between the Union (Centre)
and the States.
👉 For example, law-making powers are
divided through Union List, State List, and Concurrent List under the Seventh
Schedule.
India’s federalism is unique because it has both federal and unitary features, making it often called a “quasi-federal system”.
Federal Features of Indian Constitution
The federal characteristics of the Indian Constitution are:
1. Dual Government (Article 1)
o India is a Union of States. This ensures two levels of government – the Centre and the States.
o
Example: Both Centre and States have their own
governments, like the Union Government led by the Prime Minister and State
Government led by Chief Ministers.
2. Division of Powers (Article 246, Seventh Schedule)
o The Constitution divides subjects into three lists:
§ Union List (e.g., Defence, Railways, Foreign Affairs)
§ State List (e.g., Police, Agriculture, Public Health)
§ Concurrent List (e.g., Education, Forests, Marriage laws).
o
Example: Education is in the Concurrent
List, meaning both Centre and States can make laws.
3. Written Constitution (395 Articles, 12 Schedules originally)
o India has a detailed written Constitution, which clearly lays down the structure of power-sharing.
o
Example: The U.S. also has a written
Constitution, but India’s Constitution is much longer and detailed.
4. Supremacy of Constitution (Article 245–246)
o Both Centre and States must follow the Constitution.
o
Example: If a state law conflicts with a central
law, the central law prevails.
5. Independent Judiciary (Articles 124–147)
o The Supreme Court acts as the guardian of the Constitution and settles disputes between Centre and States.
o
Example: In the case of Kesavananda
Bharati v. State of Kerala (1973), the Supreme Court protected
the basic
structure of the Constitution, including federalism.
6. Bicameral Legislature at the Centre (Article 79)
o Indian Parliament has Lok Sabha and Rajya Sabha. Rajya Sabha represents states.
o Example: Rajya Sabha members from states like Bihar or Tamil Nadu speak on issues concerning their states.
Unitary Features of Indian Constitution
Despite these federal features, India also has unitary elements, making it different from countries like the USA.
1. Strong Centre (Articles 246 & 248)
o Centre has more powers than States.
o
Example: Defence, Foreign Affairs, and Atomic
Energy are only under Union List.
2. Single Citizenship (Article 5–11)
o Unlike the USA, India provides only one citizenship – Indian citizenship.
o
Example: An Indian citizen cannot be a “citizen
of Maharashtra” or “citizen of Tamil Nadu.”
3. Emergency Provisions (Articles 352, 356, 360)
o In emergencies, the Centre takes complete control.
o
Example: During 1975 Emergency,
the Centre suspended many rights and states had limited powers.
4. Appointment of Governors by Centre (Article 155)
o Governors, who act as heads of states, are appointed by the President (Centre).
o
Example: In 2020, the Governor of
Maharashtra played a crucial role in the government formation.
5. All India Services (Article 312)
o IAS, IPS, and IFS officers serve both the Centre and States.
o
Example: An IAS officer may serve in Uttar
Pradesh today and at the Union Ministry tomorrow.
6. Single Constitution (except J&K earlier)
o Unlike the USA, India has one Constitution for the whole country.
o Example: Except for Jammu & Kashmir earlier (before Article 370 removal in 2019), all states follow the same Constitution.
Critical Evaluation of Indian Federalism
India’s federal system is often called
“federal
in form but unitary in spirit.”
Let’s see its strengths and criticisms:
Strengths of Indian Federalism
· Unity in Diversity: Federalism
helps manage India’s diversity.
Example: States
like Tamil Nadu and Punjab preserve their own culture while being part of
India.
· Stronger Centre ensures stability: Especially important in a large
country.
Example: During
wars (1962, 1971), the Centre took strong decisions without delays.
· Flexibility: Constitution allows Centre and States to adjust powers.
Criticism of Indian Federalism
· Too much power to Centre: States
sometimes feel dominated.
Example: Disputes
like Cauvery
water issue between Karnataka and Tamil Nadu needed Supreme
Court intervention.
· Governor’s misuse: Centre
often uses Governors for political gains.
Example: Arunachal
Pradesh (2016) – Governor’s decisions led to President’s Rule.
· Emergency Provisions: Can
weaken state autonomy.
Example: President’s
Rule has been imposed more than 125 times since independence.
Conclusion
The Indian Federal System is not purely federal like the USA, nor purely unitary like Britain. Instead, it is a unique blend suited for India’s vast size, diversity, and historical context.
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