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- The term federal is about power sharing between the units of state i.e. between Union and States.
- The first federal state was US.
Characteristics of federal polity:
Classification:
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- Unitary– All the powers are vested in national government and regional governments, derive their authority from the national government, like UK.
- Federal- Powers are divided between national government and regional governments by the Constitution and both operate in their respective jurisdictions independently, like US.
- Quasi-federal- Combination of both, like India.
Indian federalism:
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- Dual polity (Article 1 read with Part V and Part VI)
- Division of powers (Article 246 read with the 7th Schedule).
- Federal with unitary features.
- Based on ‘Canadian model’e. very strong centre.
- Sui Generise. against rigidity of US federal polity.
Nature of Indian Federal Polity
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- KC Wheare described it as “quasi-federal”.
- K Santhanam “India has functioned as a unitary state though the Union and the states have tried to function formally and legally as a federation”.
- Ivor Jennings– “federation with a strong centralizing tendency”.
- Granville Austin– Indian federalism as a “cooperative federalism”.
- Dr B.R. Ambedkar gave explanation about the real federal polity that:
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- It has unique arrangement of blend of flexibility and rigidity.
- In normal times, it is a federal state and becomes unitary only in abnormal times.
- He said that Union has sanctity and states were created for administrative convenience.
- Sarkaria Commission defended unitary biasness as essential for maintaining unity and integrity.
- Supreme Court cases:
- State of West Bengal vs. Union of India (1962)- Indian Constitution created “quasi-federal” structure, with strong central government and relatively weaker states.
- R. Bommai vs. Union of India (1994)- Federalism is a basic feature of the Constitution.
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Characteristics of Indian Federal Polity
| Features | Explanation |
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| Dual Sovereignty | The Constitution establishes a dual polity consisting of the Union at the Centre and the states at the periphery. Each is endowed with sovereign powers to be exercised in the field assigned to them respectively by the Constitution. |
| Distribution of Powers | The distribution of powers is defined by three lists in theSeventh Schedule of the Constitution: ● Union List: Subjects on which only the Union Government can legislate (e.g., defense, foreign affairs). ● State List: Subjects on which only State Governments can legislate (e.g., police, public health). ● Concurrent List: Subjects on which both Union and State Governments can legislate (e.g., education, marriage and divorce). |
| Supremacy of the Constitution | The Constitution is the supreme (or the highest) law of the land and laws enacted by the Centre and the states must conform to its provisions. |
| Strong Central Government | The Union Government has the power to override state laws in certain situations (e.g., during a national emergency or when central laws prevail over state laws in the Concurrent List). |
| States Not Indestructible | States Not Indestructible Unlike in other federations, the states in India have no right to territorial integrity. The Parliament can by unilateral action change the area, boundaries or name of any state. |
| Single Citizenship | While there is no separate citizenship for states, individuals can vote in both state and national elections, reflecting the dual nature of governance. |
| Inter-State Relations | There are provisions for the resolution of disputes between states, the sharing of resources, and cooperation in matters of mutual interest. Institutions such as the Inter-State Council (Article-263) facilitate this. |
| Emergency Provisions | In situations of emergency (Article 352-360), the central government can assume greater powers, including the ability to override state legislation and assume direct control of state administration. |
Issues in working of Indian federalism:
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- Role of Governors: The frequent dismissal or replacement of Governors undermines the autonomy of state governments, g. in West Bengal and Maharashtra
- Coercive federalism: There is increased centralization with less concurrence of state governments in policy-making, g. in case of farm laws
- All India Services: The clashes over appointment of Chief Secretaries or police officers in states like West Bengal.
- Downgrading of Jammu & Kashmir into Union Territories by abrogation of Article 370.
- Fiscal Coercion: The revenue collected through cess and surcharges, not shared with states.
