Simone Lawson
The Indian Constitution is considered federal in nature, but unitary in spirit. It has features of a federation, including a codified, supreme constitution; a three-tier governmental structure (central, state and local); division of powers; bicameralism; and an independent judiciary. However, it also has unitary characteristics, such as a single constitution, single citizenship, a flexible constitution, a strong central government, and emergency provisions. This unique combination makes it quasi-federal. The Indian model of federalism is a blend of both federal and unitary systems, with a tilt towards the latter.
| Characteristics | Values |
|---|---|
| Nature of the system | India is a federal system with a tilt towards a unitary system of government. It is also referred to as a quasi-federal, semi-federal, or union-type federal system. |
| Division of powers | There is a clear division of powers between the Centre and the states, with both working in coordination and independently. |
| Judiciary | The constitution provides for an independent judiciary, with the Supreme Court of India at the topmost position. |
| Legislature | India has a bicameral legislature with a lower house (Lok Sabha) and an upper house (Rajya Sabha). |
| Sovereignty | The constitution is supreme, and only the Parliament has the authority to alter it. |
| Distribution of powers | There is a three-fold distribution of legislative power represented by three lists in Indian Federalism: the Union list, the State list, and the Concurrent list. |
| Multilevel federation | The Indian Constitution recognises and promotes the establishment of a multilevel or multilayered federation with multiple modes of political power distribution. |
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What You'll Learn
Federal and unitary characteristics
The Indian Constitution is considered to be both federal and unitary in nature. It is often referred to as a quasi-federal system as it contains features of both federal and unitary systems.
Federal Characteristics
The federal characteristics of the Indian Constitution include:
- Division of Powers: The Indian Constitution provides for a clear division of powers between the Central and State governments, with both governments being independent in their respective spheres. The Seventh Schedule of the Constitution contains three lists that outline the subjects under the jurisdiction of each level of government.
- Independent Judiciary: The Indian Constitution establishes an independent and integrated judiciary, with the Supreme Court of India at the apex, followed by High Courts at the state level, and lower and district courts at the bottom.
- Bicameral Legislature: India has a bicameral legislature, with the Lok Sabha (lower house) and the Rajya Sabha (upper house) forming the two chambers of the Indian Parliament.
- Dual Government Polity: The Indian Constitution recognises a dual polity, with both the Union and State governments playing a role in governance.
- Supremacy of the Constitution: The Indian Constitution is considered the supreme law of the land, and any amendments to it must be made in accordance with the procedures outlined in the Constitution.
Unitary Characteristics
The unitary characteristics of the Indian Constitution include:
- Single Constitution and Citizenship: Unlike true federal systems, India has a single constitution that applies to the entire country, and its citizens hold single citizenship.
- Strong Central Government: The Central government in India holds significant power and can direct State governments to take necessary steps for the proper administration of the country. The Central government also has the power to dismiss a State government and assume direct authority under Article 356.
- Appointment of State Governors: The Central government appoints state governors, who play a role in administering the states.
- Emergency Provisions: The Indian Constitution includes provisions for the suspension of fundamental rights during a state of emergency.
- Centralised Judiciary: While the states have separate legislative and executive branches, they share the judiciary with the Union government, with all cases moving up the same judicial hierarchy.
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Division of powers
The Indian Constitution is considered to be a unique blend of federal and unitary features. While the word "federation" is not mentioned in the constitution, the country is described as "a union of states", and federalism is an important principle in the country's governance.
The Indian Constitution is federal in nature, with a clear division of powers between the central government and the states. This is a key feature of a federal system, where power is divided between different units, rather than being held by a single unit of governance, as in a unitary system. In India, both the central and state governments work in coordination but maintain independence in their respective areas.
The Seventh Schedule of the Constitution contains three lists that outline the division of powers between the two sets of government: the Union List, the State List, and the Concurrent List. The Union List includes items of national importance, such as defence, foreign affairs, and currency, while the State List covers areas like health, land, and agriculture. The Concurrent List is an area where the central government holds more power, with dominance over the State List, and includes legislative matters.
The Indian Constitution also provides for an independent and integrated judiciary. The lower and district courts are at the bottom levels, the High Courts are at the state level, and the Supreme Court of India is the highest court in the country, with all other courts subordinate to it. The judiciary plays a crucial role in interpreting the constitution and resolving disputes between the centre and the states.
While India's federal structure provides for a division of powers, the country is often considered to have a stronger centre, with the central government holding more power than the states. The states are required to respect and work within the laws made by the central government, and the central government can intervene in state matters under certain conditions, such as in the case of a state emergency. This unique combination of federal and unitary features gives India a quasi-federal system of governance.
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Independent judiciary
The Indian Constitution provides for an independent judiciary, with the Supreme Court at the apex, followed by the High Courts, and the lower and district courts at the bottom. The Constitution mandates the government to "separate the judiciary from the executive in the state's public services". The judiciary interprets the law, settles disputes, and administers justice to all citizens, acting as the guardian of the Constitution and the protector of fundamental rights.
The independence of the judiciary is imbibed in the letters of numerous articles of the Constitution of India, although there is no stated provision in the constitution. The judiciary is considered the watchdog of democracy, and its independence is critical to ensuring fair justice. The legislative and the administration should not interfere with the judiciary's operations to ensure impartiality in its rulings. The Constitution uses a variety of mechanisms to protect the independence of the judiciary, including extensive provisions for judges of the Supreme Court and High Courts.
Judges of the Supreme Court and High Courts are appointed by the President and enjoy security of tenure, with their salaries and allowances paid from the Indian Consolidated Fund. They swear an oath to faithfully carry out their responsibilities without fear, favour, or ill will and to protect the Constitution and laws of India. This pledge implicitly recognises the notion of constitutional sovereignty. The judiciary has been given the authority of judicial review, which allows it to declare legislation approved by the legislature unlawful and overturn it if it breaches the constitution's core framework.
The judiciary is also granted financial autonomy to manage its budgetary requirements independently, further reducing the potential for external influence. Recent Supreme Court decisions have made big waves in Indian politics, giving hope to people for democracy. For example, in the case of Association for Democratic Reforms & Anr. v. Union of India & Ors (2024), the Court held that the electoral bonds scheme was not allowed by the Constitution.
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Cooperative federalism
India is a federal system with a tilt towards a unitary system of government. It is considered a quasi-federal system as it has features of both a federal and a unitary system. Article 1 of the Indian Constitution states, 'India, that is Bharat, shall be a union of states'.
The origin of cooperative federalism in modern India can be traced back to the Regulating Act of 1773, where the Crown rule of England supervised the East India Company and left the governing power to the local government. The Government of India Act of 1919 anticipated a dual government system, and the 1935 Act was made to attain this. The responsibility for the constitutional framework from 1946 to 1950 fell to the leaders of Indian Independence, who formed a Constituent Assembly to draft the Indian Constitution. They aimed to unite a disintegrated and subdivided society, so they opted for an intense centre with residual power.
The principle of centralising power became prominent in the 1980s, but the distribution of power from union to state and state to panchayat was later escalated. This is how India’s cooperative federalism met the constitution’s objectives of unity, social justice, and democracy. The Constitution makers endeavoured to create synergistic governance by distributing essential powers and responsibilities to the Centre and states. They vested power in the decision of Parliament and the judgement of the Supreme Court, providing the Centre with more specific powers while keeping the essence of Cooperative Federalism.
The introduction of the GST in 2017 is considered a significant step towards promoting cooperative federalism in India. It is a unified tax system that replaced various state-level taxes, creating a common market across the country. The GST Council, consisting of representatives from the central and state governments, makes decisions related to the tax system, ensuring a high degree of collaboration and cooperation between the central and state governments. Centrally Sponsored Schemes (CSS) are another example of cooperative federalism, where the central government provides funding, guidelines, and standards, while the state government adapts the scheme to local needs and priorities.
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Amendments
The Constitution of India is a living document that can be amended to accommodate changing circumstances while preserving its fundamental principles and values. The process of amending the Constitution is outlined in Article 368 of the Indian Constitution, which provides for two types of amendments:
- Amendments by a Special Majority of Parliament, also known as a Constitutional Amendment, require a majority of 50% of the total membership of the House and a majority of 2/3rds of the members present and voting. This type of amendment can address various aspects of the Constitution, including Fundamental Rights and Directive Principles of State Policy (DPSP), but it cannot alter the "basic structure" of the Constitution. The "basic structure" includes principles such as federalism, secularism, fundamental rights, and democracy.
- Amendments by a Special Majority of Parliament with the ratification of half of the State Legislatures: In addition to the requirements of a Special Majority, this type of amendment needs the consent of half of the state legislatures by a Simple Majority. This type of amendment is necessary when changes are sought to be made to the federal character of the Constitution, such as the election of the President, the Supreme Court and High Courts, representation of states in Parliament, and the distribution of legislative powers between the Union and the states.
It is important to note that the power to initiate an amendment lies solely with the Parliament, and the states do not have the authority to propose amendments. However, in certain cases, the consent of the state legislatures is required for an amendment to be passed. Additionally, the Supreme Court has ruled that while Parliament can amend any part of the Constitution, it cannot change its "basic structure".
The procedure for amending the Indian Constitution has been criticised for not having a special body, such as a Constitutional Convention or Constitutional Assembly, to oversee the process. Instead, the constituent power rests with the Legislative Body, primarily the Parliament, and to a limited extent, the State Legislatures.
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Frequently asked questions
The Indian Constitution is considered federal in nature, and unitary in spirit. It has features of both a federal and a unitary system, leading some to refer to it as a quasi-federal system.
The federal features of the Indian Constitution include a codified, supreme constitution; a three-tier governmental structure (central, state and local); division of powers; bicameralism; and an independent judiciary.
The unitary features of the Indian Constitution include a single constitution, single citizenship, an integrated judiciary, a flexible constitution, a strong central government, appointment of state governors by the central government, All India Services (the IAS, IFS and IPS), and emergency provisions.
Federalism in the Indian Constitution is significant because it limits the power of the government. It also provides a constitutional device for bringing unity in diversity and for the achievement of national goals.
