Introduction
Federalism plays very significant role in political structure of India. Depending on the structure of the interaction between the federal and regional governments,political scientists divide governments into unitary and federal systems. In a unitary government, all authority is centralized at the national level and is derived from it for any regional governments. Japan, France, and Britain are a few examples. On the other hand, federal governments, such as those of Brazil, Switzerland, and the United States, divide authority between the national and regional levels in accordance with their constitutions. As a result, both branches of government are free to function freely within their own domains of authority. In federal systems, regional governments may be referred to as state or provincial governments, whereas the national government is usually known as the Federal or Central government. while unitary systems centralize power, federal systems distribute it, promoting greater autonomy and diversity in governance at the regional level.
Specific features of federal and unitary government are discussed below as follows:
Federal features of the Constitution of India
Constitution’s federal features: Federal government systems are distinguished by a number of essential characteristics, including:
Dual Polity:
The Union is at the center of the federal system, while the states are at theperimeter. Every body has sovereign powers as specified by the Constitution. State and municipal governments are in charge of things like public order and agriculture, while the Union government oversees national affairs like defense, foreign policy, and currency.
Written Constitution:
Most federal governments have a thorough written constitution that describes the composition, authority, and duties of the federal government as well
as the state governments. The two tiers of government can prevent miscommunication and conflict by using this comprehensive text.
Division of Powers:
The Constitution’s Union List, State List, and Concurrent List lists the subjects that the federal government and state governments are each assigned. Although laws on related topics may be passed at both levels, in the event of a dispute, the central legislation takes precedence. The central government is in charge of residuary subjects.
Supremacy of the Constitution:
In a federal government, the Constitution is the highest authority. Its provisions apply to laws passed by the federal government as well as state governments, and they are subject to judicial review. This guarantees that the branches of government function within the bounds of the constitution.
Rigit Constitution:
Amendment procedures to federal constitutions are usually strict, especially when it comes to sections pertaining to the federal government. The parliament and the states must give special majority consent for any amendments that impact the judicial system or center-state relations.
Independent Judiciary:
Through judicial review, an independent judiciary headed by a supreme court is essential to maintaining the supremacy of the constitution. In addition, it settles conflicts between states and the federal government while maintaining neutrality and fairness.
Bicameralism:
In federal systems, the legislature is usually bicameral, with a lower chamber representing the people and an upper house representing the states or regions.
By defending state interests from excessive federal intervention, this arrangement contributes to the preservation of the federal balance.
Unitary characteristics of the Constitution
The Indian Constitution’s unitary elements show how much the federal government has centralized authority and control over the states. Among these characteristics are:
Strong Center:
More topics are assigned to the Union List, which includes crucial areas like currency and defense, giving the central government a greater degree of influence. In addition, the federal government maintains residuary rights and supervising authority over the Concurrent
States Not Indestructible:
In India, the Parliament has the power to unilaterally alter state borders, names, or territories with a simple majority, in contrast to other federations where
states are entitled to maintain their territorial integrity.
Single Constitution:
States do not have the power to frame their own constitutions separate from the central government. The Constitution of India encompasses both
central and state governance.
Flexibility of the Constitution:
The majority of the Constitution may be unilaterally amended by the Parliament, making the amendment procedure less strict than in other federations.
Absence of State Equality in Representation:
Unlike the American Senate, where states are equally represented, the Rajya Sabha, the upper house of Parliament, bases its representation on population.
Provisions for Emergencies:
In times of crisis, the federal government is bestowed with considerable authority, which, without any modification, effectively turns the federal system into a unitary one.
Integrated Judiciary:
Unlike the separate court systems in the US, India has a single judiciary that upholds both federal and state laws.
Single Citizenship:
Unlike other federal states where residents may possess both state and citizenship, India maintains a single citizenship system.
All-India Services:
By establishing a single administrative structure, the central government-run all-India services, like as the IAS and IPS, compromise the idea of federalism.
Integrated Audit Machinery:
States’ financial sovereignty is reduced as a result of the Comptroller and Auditor-General of India’s auditing of both national and state accounts. Legislation on state matters may be passed by Parliament without changing the Constitution, which would reduce state sovereignty.
Governor Appointment:
Unlike elected heads of state in other federations, governors are nominated by the President and function as representatives of the federal government in the states.
Integrated Election Machinery:
The Election Commission, which the President appoints, handles state and federal elections independently of the government.
Veto Over State Bills:
The President enjoys absolute veto power over state bills, unlike in other federations where states have greater legislative autonomy.
Conclusion
The Indian Constitution demonstrates a unique blend of federal and unitary features, making it a “quasi-federal” system. While its federal aspects promote autonomy and division of powers between the Union and the states, its unitary features ensure the centralization of authority to maintain unity and integrity. The presence of dual polity, division of powers, independent judiciary, and bicameralism highlights the federal nature, whereas strong central control, single citizenship, and provisions for emergencies underscore its unitary tendencies. This balance allows India to adapt its governance structure based on the needs of a diverse and vast nation, providing flexibility to address challenges while maintaining stability. This pragmatic federalism serves as a robust framework for managing India’s pluralistic society and complex political landscape.
FAQs on federalism in India
Q1: What is federalism?
Answer: Federalism is a system of government in which power is divided between a central authority and regional governments. Both levels of government operate independently within their respective domains, as defined by a written constitution.
Q2: Can the Indian Parliament alter state boundaries?
Answer: Yes, under Article 3, Parliament has the authority to alter state boundaries, create new states, or change state names. However, the affected state must first be consulted, though its consent is not mandatory.
Q3: Why is India called a “quasi-federal” state?
Answer: India is called “quasi-federal” because, while it has federal features like division of powers and an independent judiciary, its unitary features, such as a strong center, emergency provisions, and a single constitution, ensure greater central control compared to classic federations like the U.S.
Q4: How are disputes between the Union and states resolved?
Answer: Disputes between the Union and states are resolved by the Supreme Court of India, which has original jurisdiction in such cases under Article 131.
