Simone Lawson
India is a federal system with a tilt towards a unitary system of government. The Indian Constitution does not mention the word federal anywhere in its text, but Article 1 (1) of the Constitution states, India, that is Bharat, shall be a union of States. This indicates a federal system of government with two levels of government: the national government and the state governments, each with distinct powers and authority to operate independently.
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What You'll Learn
- India's constitution establishes a federal system of government
- Federal principles were implemented to maintain a balance of power
- The Indian model of federalism is called a quasi-federal system
- Federalism can be divided into categories, such as cooperative federalism
- The word 'federal' is not mentioned in the Indian Constitution
India's constitution establishes a federal system of government
The Indian model of federalism is often referred to as a quasi-federal system because it exhibits characteristics of both federal and unitary systems. While it provides for a clear division of powers, with the Seventh Schedule of the Constitution listing the Union, State, and Concurrent Lists that define the legislative powers of the central and state governments, the Constitution also grants more powers to the Union List. This includes the ability of the Parliament to make laws on Concurrent List subjects that can override state laws, as well as legislate on certain matters in the State List.
The Indian Constitution also establishes an independent judiciary, which is a key feature of federalism. The Supreme Court of India interprets the Constitution and resolves disputes between different levels of government. It is the highest legal authority, binding the legislative, executive, and judicial organs of the government. The Constitution grants all citizens Fundamental Rights and empowers the judiciary to invalidate any laws or government actions that violate it.
Another aspect of India's federal system is the existence of Union and State Acts, with a single integrated system of courts administering both Union and State laws. This includes the Supreme Court, High Courts, District Courts, and Village/Panchayat Courts in some states. The Constitution also provides for a Parliamentary form of government, with free and fair elections, equality before the law, and a secular state that recognizes freedom of conscience and religion.
The evolution of India's federal system can be traced back to the Government of India Act 1919, which introduced elements of federalism by separating powers between the centre and provincial legislatures. Later, the Government of India Act 1935 further outlined the federal system, and in 1946, the Constituent Assembly officially endorsed the principle of federalism for the new India, supporting a strong autonomous province and a relatively weak centre. However, upon the recommendation of the Union Powers Committee, the final Constitution vested the residuary powers in the Centre rather than the States.
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Federal principles were implemented to maintain a balance of power
The Indian Constitution does not mention the word "federal". However, it does state in Article 1 (1) that "India, that is Bharat, shall be a union of States". This union of states forms the basis of India's federal structure, which consists of two levels: the Centre and the States.
Federal principles were implemented in the Indian Constitution to maintain a balance of power between the central and state governments. This division of powers delineates the responsibilities of each tier of government, ensuring they operate within their designated domain. The Indian Constitution outlines three distinct lists in Article 246 and the Seventh Schedule: the Union list, the State list, and the Concurrent list. Each list details the powers of the respective governments, with the Centre given more power than the states. This distribution of powers is designed to respect the unity of the nation while dealing with the extensive and diverse population in India.
The legislative link between the state and the Centre is further outlined in Articles 245–255 in Part XI of the Constitution. The Supreme Court has also played a role in interpreting and enforcing federal principles. For example, in S.R. Bommai vs. Union of India (1994), the Supreme Court emphasised that the imposition of the presidential rule should not undermine federal principles and the control of the states.
The Indian Constitution also adopts a broad scheme of separation of powers, which ensures that one organ of the government does not interfere with the domain of another. While strict separation of powers is not followed as in the American Constitution, a system of checks and balances is implemented. This allows each organ to have certain checking abilities over the other two organs, in addition to its own power. This system is designed to protect individuals' freedoms and rights, shielding them from dictatorship and oppression.
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The Indian model of federalism is called a quasi-federal system
The Indian Constitution does not refer to the country as a federation, nor does it include the terms "federal" or "federation". Instead, Article 1 of the Constitution refers to India as a "'Union of States', with the specific wording: "India, that is Bharat, shall be a union of states". This indicates that India is a union of multiple states that are all equally important. The Indian Union is also described as "'indestructible' or unbreakable", as the constituent states do not have the ability to secede from the union. This is in contrast to a true federation, where the constituent entities are able to leave the union.
The Indian model of federalism is therefore called a quasi-federal system as it exhibits features of both federal and unitary systems of government. While the Constitution of India establishes a federal system of government, with a clear division of powers between the central government and the state governments, 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 according to the needs of the nation.
The roots of India's current federal system can be traced back to the Simon Commission report in 1930, with the idea gaining further support during the First Round Table Conference in the same year. The British Government officially accepted the principle of an All-India Federation at the close of the conference. Later, the Government of India Act 1935 outlined the major features of the federal system of government, which was eventually framed by the Constituent Assembly in the present Constitution of the Republic of India. However, the provisions of the Act dealing with federalism were never implemented and did not become operative.
The Indian federal system is not the result of an agreement or treaty between the various components and states that make up the country. Instead, the enactment of the Constitution transformed the country's unitary system of government into a federal one. The Indian Constitution's creators intended to establish a federal structure to accommodate the country's diversity and vastness.
In summary, the Indian model of federalism is called a quasi-federal system due to its combination of federal and unitary characteristics, with a strong central government and a flexible, adaptable Constitution.
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Federalism can be divided into categories, such as cooperative federalism
The word "federal" is notably absent from the Indian Constitution, with Article 1 (1) stating that "India, that is Bharat, shall be a union of states". However, federalism is indeed a part of the basic structure of the Indian Constitution, which establishes the relationship between the federal government and state governments. Federalism in India can be categorised as cooperative federalism, with the constitution dividing powers and responsibilities between the central government and the state governments. This division of powers is further enhanced by a third tier of government, the local self-government.
Cooperative federalism in India allows for national unity and regional diversity, as the central government can implement policies that apply uniformly across the country, while states can tailor policies to meet their specific regional needs. The Indian Constitution provides for an independent and integrated judiciary, with lower and district courts at the bottom levels, high courts at the state levels, and the Supreme Court of India at the top. The flexibility of the Constitution allows for adjustments to be made as circumstances change.
The current federal system in India has its roots in the Simon Commission report of 1930, with support for a federal form of government gaining strength during the First Round Table Conference in the same year. The British Government officially accepted the principle of an All-India Federation during the conference. Later, the Government of India Act 1935 outlined the major features of the federal system of government, which was eventually framed by the Constituent Assembly in the present Constitution of the Republic of India.
The Constituent Assembly, which convened in 1946, endorsed the principle of federalism as the structure of the new India, supporting the idea of strong autonomous provinces and a relatively weak centre. However, upon the recommendation of the Union Powers Committee, the residuary powers of the government were vested in the centre rather than the states, resulting in a highly centralised and unitary state at the time of independence in 1947. Over time, the federal structure in post-independent India evolved and adapted to changing circumstances, facing challenges such as the rise of regional and linguistic identity politics.
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The word 'federal' is not mentioned in the Indian Constitution
The Indian Constitution, which came into effect in 1950, establishes the structure of the Indian government, including the relationship between the federal government and state governments. While the constitution does not mention the word "federal", it exhibits federal characteristics through its provisions for multi-level governance and the distribution of powers between the union government and the states.
Article 1 (1) of the Indian Constitution states that "India, that is Bharat, shall be a union of States." This article sets the foundation for a federal structure by recognising India as a union of states, indicating a system where power is shared between a central authority and constituent units. This concept of a "union" is a key characteristic of federalism, even though the term "federal" itself is absent from the text.
The Indian Constitution further demonstrates its federal nature in Part XI, which specifies the distribution of legislative, administrative, and executive powers between the union government and the states. The legislative powers are categorised under a Union List, a State List, and a Concurrent List. The Union List represents the powers conferred upon the Union government, the State List outlines the powers of the State governments, and the Concurrent List includes powers shared between them. This distribution of powers is a fundamental aspect of federalism, allowing for a division of authority between different levels of government.
Additionally, India's federalism is characterised by its origins in Partition and the Princely States, its constitutional power over borders, and its early compromise of different cultural elements. The country's federal structure has evolved to include three levels of government: the central government, state governments, and local governments. This multi-level federalism, which emerged in the 1980s, empowers local bodies to play a significant role in governance, contributing to the overall federal nature of the Indian political system.
While the word "federal" is not explicitly mentioned in the Indian Constitution, the document embodies the principles of federalism through its provisions for power-sharing, multi-level governance, and the recognition of India as a union of states. This unique blend of features, shaped by India's historical and cultural context, forms the basis of the country's federal system of government.
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Frequently asked questions
Yes, India is a federal country with a tilt towards a unitary system of government. It is sometimes referred to as a quasi-federal system.
No, the word 'federal' is not used in the Indian Constitution. However, the Constitution establishes a federal system of government.
Indian federalism is characterized by a clear division of powers between the Centre and the states, an independent judiciary, bicameralism, and the supremacy of the Constitution.
Indian federalism operates through a three-fold distribution of legislative power: the Union list, the State list, and the Concurrent list. The national government deals with issues like national defence, foreign relations, and commerce, while the state governments have more authority over internal matters such as education, public safety, and infrastructure.
The absence of the word 'federal' in the Indian Constitution is notable, and it is replaced by the term 'union'. Article 1 (1) of the Constitution states, "India, that is Bharat, shall be a union of States." This implies that Indian Federation is not the result of an agreement between states and that no state has the right to secede from the union.
