Eleanor Finch
Federalism is a system of government in which a written constitution divides power between a central authority and various constituent components like states. The Indian Constitution establishes a federal system of government, with a clear division of powers between the central government and the state governments. The Indian model of federalism is called a quasi-federal system as it contains major features of both a federation and union. The Constitution specifies the distribution of legislative, administrative and executive powers between the union government and the State governments.
| Characteristics | Values |
|---|---|
| Dual machinery of government | Two levels of government: central authority and local government |
| Clear division of powers | The central government has more power in certain situations |
| Independent judiciary | The judiciary resolves conflicts between the two levels of government |
| Bicameral legislature | The Lok Sabha and the Rajya Sabha |
| Dual government polity | The Union government and the State governments |
| Supremacy of the constitution | The constitution is indestructible |
| Flexibility of the constitution | The constitution can be amended by Parliament through a special majority |
| Cooperative federalism | The federal and state governments work together |
| Holding together federation | Powers are shared between various constituent parts to accommodate diversity |
| Decentralization of power | States have been empowered and federalism strengthened |
| Protection of rights | Individual and minority rights are better protected |
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What You'll Learn
The Indian Constitution's federal structure
The Indian Constitution establishes a federal system of government, with a clear division of powers between the central government and the state governments. The Constitution specifies the distribution of legislative, administrative, and executive powers between the two. The legislative powers are categorised under a Union List, a State List, and a Concurrent List, representing the powers conferred upon the Union government, those conferred upon the State governments, and powers shared among them.
The Indian model of federalism is called a quasi-federal system, as it contains major features of both a federation and a union. It is sometimes considered a "holding together" federation, where powers are shared between various constituent parts to accommodate the diversity in the whole entity. This blend of features makes the federal structure of the Indian Constitution more flexible and adaptable according to the needs of the country.
The Constitution of India is a blend of flexibility and rigidity. While certain provisions of the Constitution can be easily amended, in case the amendments seek to change aspects of federalism in India, the provision to bring about such amendments is not easy. The Constitution can be amended by Parliament through a special majority. Article 368 grants special powers to the Parliament to make amendments in favour of national interests and balancing federalism over time. However, the judiciary ensures that the amendments comply with the Constitution's basic structure.
The Indian federal system is about 76 years old, as compared to the federal systems in other countries like the United States, Switzerland, or Canada, which are more than two centuries old. It is recognised as the most complex of its kind for a critically diverse population in a federal framework. The national government specifically deals with vast issues like national defence, foreign relations, commerce, and currency. The state governments, on the other hand, have more roles than the federal government, encompassing aspects such as education, public safety, standards, and fixing the infrastructure.
In the 1980s and 1990s, the decentralisation of power and the devolution of financial resources to the states became an important policy goal, and several initiatives were undertaken to empower the states and strengthen federalism. However, this process has not been without challenges, and there have been tensions between the central and state governments on issues such as revenue sharing and the allocation of resources.
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Federalism's role in accommodating diversity
India is a federal country, but the word "federation" is not mentioned in its constitution. Instead, Article 1 states that India is a "Union of States". India's federal system is unique, with features of both a federal and a unitary system, leading some to describe it as a quasi-federal system.
Federalism in India is important for accommodating diversity. The country's federal structure divides powers between the central government and the state governments, allowing states to govern their own affairs and address their unique needs. This is particularly important in a country with such a diverse population. The national government deals with issues such as national defence, foreign relations, commerce, and currency, while state governments have more roles and are responsible for aspects such as education, public safety, standards, and infrastructure.
The Indian Constitution establishes a dual polity and a division of powers between the central and state governments. The legislative powers are categorised under a Union List, a State List, and a Concurrent List, representing the powers of the Union government, the State governments, and the powers shared among them. This federalism is symmetrical, with the devolved powers of the constituent units envisioned to be the same.
The Indian Constitution also provides for the establishment of a multilevel or multilayered federation with multiple modes of political power distribution. This includes the Government at the centre, the Lok Sabha and the Rajya Sabha, the various state governments, the Vidhan Sabhas and the Vidhan Parishad, and finally, the Municipal Corporations and the Panchayats, which are forms of local governance.
The flexibility of the Indian Constitution is another important aspect of federalism in the country. While certain provisions of the Constitution can be easily amended, it is more challenging to amend aspects of federalism. The Constitution can be amended by Parliament through a special majority, and Article 368 grants Parliament special powers to make amendments in the national interest and to balance federalism over time. However, the judiciary ensures that any amendments comply with the Constitution's basic structure, and the Supreme Court has declared federalism to be part of this basic structure.
In summary, federalism in India plays a crucial role in accommodating the country's diversity by providing a framework for the division of powers between the central and state governments, allowing states autonomy in governing their own affairs, and protecting the rights of individuals and minorities. The unique blend of federal and unitary features in the Indian Constitution creates a quasi-federal system that aims to maintain stability and accommodate the diverse needs of the country's population.
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The Constitution's flexibility and rigidity
The Indian Constitution establishes a federal system of government, with a clear division of powers between the central government and the state governments. The Constitution of India is a blend of both flexibility and rigidity.
The Constitution of India has a federal structure as it divides powers between the central government and the state governments. However, it also has certain unitary features that give the central government more power in certain situations. This blend of features makes the federal structure of the Indian Constitution more flexible and adaptable as per the requirements. The Chairman of the Drafting Committee, Dr. Ambedkar, said that “Our Constitution would be both unitary as well as federal according to the requirements of time and circumstances”.
The Constitution can be amended by Parliament through a special majority. Article 368 grants special powers to the parliament to make amendments in favour of national interests and balancing federalism over time. However, the judiciary ensures that the amendments comply with the Constitution’s basic structure. While Dr. Ambedkar’s speech focused on the context of newly independent India, the concept of flexibility in federalism remains a challenge. Critics argue that it creates a quasi-federal system that allows the central government to take greater control during emergencies or in the interest of national unity and security. This flexibility is seen as necessary to maintain overall stability and uniformity in the country. However, the potential misuse of the emergency powers outlined in Articles 352 and 353 is still argued as a way to encroach upon the state’s rights.
The Constitution of India is rigid in the sense that it establishes dual polity and the division of powers between the central government and the state governments. The Constitution also provides for the establishment of a multilevel or multilayered federation with multiple modes of political power distribution. The Indian federalism model is called a quasi-federal system as it contains major features of both a federation and union. Federalism in India is about 76 years old, as compared to the federal systems in other countries like the United States, Switzerland or Canada, which are more than two centuries old. Yet, it is recognised as the most complex of its kind for a critically diverse population in a federal framework.
The Constitution is also rigid in the sense that it specifies the distribution of legislative, administrative and executive powers between the union government and the State governments. The legislative powers are categorised under a Union List, a State List and a Concurrent List, representing the powers conferred upon the Union government, those conferred upon the State governments and powers shared among them. This federalism is symmetrical in that the devolved powers of the constituent units are envisioned to be the same. The national government specifically deals with vast issues like national defence, foreign relations, commerce, and currency. The state governments, on the other hand, have more roles than the federal government, encompassing aspects such as education, public safety, standards and fixing the infrastructure.
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The distribution of legislative power
The Indian Constitution establishes a federal system of government, with a clear division of powers between the central government and the state governments. The distribution of legislative power is specified in Part XI of the Indian Constitution, with three lists representing the powers of the central and state governments. These lists are the Union List, the State List, and the Concurrent List. The Union List outlines the powers conferred upon the Union government, the State List details the powers of the State governments, and the Concurrent List outlines the powers shared by both levels of government.
The Union List, also known as the Central List, includes matters related to national-level issues such as defence, foreign affairs, finance, and commerce. It covers areas where the central government has exclusive jurisdiction to legislate and make policies. The State List, on the other hand, includes subjects that are under the jurisdiction of the state governments, such as law and order, public health, education, and local governance. State governments have the authority to make laws and policies pertaining to these areas, allowing them to address the specific needs and concerns of their diverse populations.
The Concurrent List includes subjects on which both the central and state governments have concurrent powers to legislate. These subjects often require coordination and cooperation between the two levels of government. Matters related to criminal law, marriage and divorce, labor welfare, and social security are included in this list. While the central and state governments share legislative powers in these areas, in case of a conflict, the laws made by the central government will prevail over those made by the state government.
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The role of the judiciary
The Indian Constitution establishes a federal system of government, with a clear division of powers between the central government and the state governments. The Constitution specifies the distribution of legislative, administrative and executive powers between the two. The legislative powers are categorised under a Union List, a State List and a Concurrent List, representing the powers conferred upon the Union government, those conferred upon the State governments and powers shared among them.
The judiciary also has a role in ensuring that federal principles are respected and that the constitutional provisions and norms related to federalism are adhered to. This includes avoiding arbitrary or unilateral actions or interventions by the Centre or states, and resolving disputes or conflicts through judicial mechanisms. The Supreme Court, for example, revoked the President's rule imposed in Arunachal Pradesh and Uttarakhand in 2016 on grounds of a constitutional breakdown.
The Indian federal system is unique, with features of both a federation and a unitary system. The Constitution guarantees more powers to the Union List, and the Parliament can make laws that override state laws on Concurrent List subjects and some State List subjects. The judiciary's role, therefore, is to ensure that the federal structure is maintained and that the powers of the central government and state governments are respected.
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Frequently asked questions
Federalism in the Indian context refers to the division of powers between the central government and the state governments. The Indian Constitution establishes a federal system of government, with a clear demarcation of powers between the two tiers.
Indian federalism is unique due to its evolution from a unitary system under British rule to a federal system after independence. It is considered a quasi-federal system as it exhibits features of both federal and unitary systems. The key features include a clear division of powers, an independent judiciary, bicameral legislature, dual government polity, and the supremacy of the Constitution.
US federalism is stronger and more rigid, with a more federal character. The US Constitution envisages a more decentralized system, while the Indian Constitution has certain unitary provisions that grant more power to the central government in specific situations.
Indian federalism allows for the accommodation of diversity by granting autonomy to states to govern their own affairs and address their unique needs. It also enables better protection of individual and minority rights as state governments can tailor policies to their diverse populations. Federalism promotes cooperative governance between the federal and state governments, which is essential for a diverse nation like India.
