Part – A – Unit – 4 – Federalism in India – English

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 socio cultural 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’)
In its centralizing tendency (i.e., vesting more powers in the centre than in the states)

Federal Features – Indian Constitution:

The federal features of the Constitution of India are given below:

Written Constitution:

Features of the Indian Constitution is not only a written document but also the longest constitution in the world.
Originally, it included a Preamble, 395 articles (22 parts), and 8 schedules.

Dual Polity:

The constitution establishes a dual polity that includes the union at the periphery.
Each is endowed with sovereign powers to be exercised in the field assigned to them respectively by the Constitution.

Bicameralism:

The constitution provides for a bicameral legislature in which an upper house (Rajya Sabha) and a lower house (Lok Sabha).
Rajya Sabha represents the states of the Indian Union, whereas The Lok Sabha represents the people of India as a whole.

Division of Powers:

The Constitution divided the powers between the Center and the states in terms of the Union List, State List, and Concurrent List in the Seventh Schedule.

Supremacy of the Constitution:

The Constitution is the supreme law of the country.
The laws made by the Center and the states should be in conformity with Provision.
Otherwise, they may be declared invalid by the Supreme or High Court through its power of judicial review.

Rigid Constitution:

The division of powers established by the Constitution as well as supremacy of the constitution can be maintained only if the method of its amendment is rigid.
It is necessary for both houses to agree to amend the constitution.

Independent judiciary:

The constitution establishes an independent judiciary headed by the Supreme Court for two purposes:
one, to protect the supremacy of the constitution, and
two, to settle the disputes between the Centre and states or between the states.

Unitary features – Indian Constitution:

Besides the above federal features, the Indian constitution also possesses the following unitary features:

Strong Centre:

The division of powers is in favor of the center and unequal from a federal point of view.
Firstly, the Union list contains more subjects than the state list,
secondly, the more important subjects have been included in the union list and the Centre has overriding authority over the concurrent list.

Single constitution:

The constitution of India embodies not only the constitution of the Centre but also those of the states.
Both the Centre and the States must operate within this single frame.

States not indestructible:

Unlike in other federations, the states in India have no right to territorial integrity.
The parliament can change the area, boundaries, or name of any state.

Emergency provisions:

The emergency provisions are contained in Part XVIII of the Constitution of India, from Articles 352 to 360.
In the emergency provisions, the central government becomes all-powerful and the states go into total control of the Centre.

Single citizenship:

All India services:

In India, there are all India services [IAS, IPS and IFS] which are common to both the Centre and the states.
These services violate the principle of federalism under the constitution.

Appointment of governor:

Integrated election machinery:

The election commission conducts elections for central and state legislatures.
But the Election commission is constituted by the president and the states have no say in this matter.

No equality of state representation:

The states are given representation in the upper house on the basis of population.
Hence, the membership varies from 1 to 31.

Integrated Judiciary:

The term Integrated Judiciary refers to the fact that rulings made by higher courts bind lower courts.
The Supreme Court of India incorporates all lower courts, from the Gram Panchayat to the High Courts.
The Supreme Court is at the very top.

Integrated Audit Machinery:

The Comptroller and Auditor-General of India has an organization that is run by officials from the Indian Audit and Account Services, a central service that is responsible for not just the Union Government’s accounts and auditing, but also the accounts and auditing of the States.

Veto Over State Bills:

The governor has the authority to hold certain sorts of laws passed by the state legislature for presidential consideration.
The President has the authority to refuse to sign such bills not only in the first instance but also in the second.
As a result, the President has absolute (rather than suspensive) veto power over state legislation. However, in the United St
Supreme Court Important Decision Related to Federal and Unitary Features of Indian Constitution – System of Government
In S R Bommai case 1994, the Supreme Court laid down that the constitution is federal and characterized federalism as its ‘basic features’.
In the Bommai case SC said that states have an independent constitutional existence.
They are not satellites or agents of the Centre.
Within the sphere allotted to them, the states are supreme.
In Kuldeep Nayyar vs Union of India, the Supreme Court held that federalism is a fundamental feature of the Constitution of India and is unique in its nature and is tailored to the specific needs of the country.