Federalism in india

What is federalism
 Federalism is a system of govt. in which the power is divided
between the central authority and various constituent units of the
country.

 Federalism has two levels of govt.

➢ Entire country govt.or central govt.: responsible for few subjects of

common national interest

➢ Provinces or state govt.: day to day administering of their state.

 Both enjoy power independent of the other. State Government

has power of its own and not answerable to the centre.
 Objectives of Federalism
 The federal system thus has dual objectives:

❑ To safeguard ad promote the unity of the country

❑ Accommodate regional diversity.

 Govt. at different level should agree to some rules of power sharing.

 Trust that each would abide by its part of the agreement.

 An ideal federal system has both aspects: mutual trust and

agreement to live together.
 Formation of federation
Two kinds of routes through which federation formed:

 COMING TOGETHER FEDERATION: Independent states coming together on their

own to form a bigger unit.. Ex. USA, SWITZERLAND AND AUSTRALIA.

In this all constituent states usually have equal power and are strong federal govt.

 HOLDING TOGETHER FEDERATIONS: large country decides to divide its power

between the constituent states and the national govt. ex. India Spain and belgium.

In this the central govt. tends to be more powerful than the states. Very often
different constituent units of the federation have unequal powers. Some units are
granted special power.
 Unitary govt.

Unitary system-
Only one level of Government.
Sub units subordinated.
Centre can pass orders to the local Government.
Example : United Kingdom
 Features of federalism

 Has two /more levels of Govt.

 Each level has its own Power or jurisdiction.

 Jurisdiction is specified by the constitution and there is constitutional

guarantee of authority.

 Constitutional provisions can be changed only with the consent of both levels
of Govt.

 Court interprets the constitution and powers of different levels of Govt. .

Supreme court is the umpire if disputes arise with different levels of Govt.

 Sources of revenue are clearly specified.

FEDERAL FEATURES OF
INDIAN CONSTITUTION
1. Governments at two level- centre and states (now also has third level

– local self government)

2. Division of power- Three fold distribution of legislative powers

under Union list, State list and Concurrent list

3. Written constitution- Written constitution which defines the structure,

organisation and power of the central as well as state govt., so that the

two operate within their respective spheres without interfering in

each other`s jurisdiction.

4. Rigid Constitution- a natural corollary of written constitution being rigid.

Special amendment procedures were applied.

5. Independent Judiciary- the judiciary also insure that the federal and

states governments operate within the sphere allotted to them by the

constitution.

6. Bicameral Legislature-Like other federation the constitution of India

provides for a bicameral parliament consist Loksabha and Rajyasabha.

7. Supremacy of constitution –The constitution of India stands at the top

of the hierarchy of all laws both national and state level.

Unitary features of Indian
constitution
 A strong Centre – Indian constitution provides for a very strong
centre, a feature of unitary government.

 A Single Constitution for Union and states – Unlike other

federation of the world the states in India have not been given
right to make or unmake their own constitution.

 Flexibility of the constitution – In comparison to the other

federation the constitution of India rather flexible. Also state
have no right to amend constitution.
Single Citizenship –Usually in other federation there is
provision for double citizenship

Creation and Alteration of states: by union government

Inequality of representation in the Rajya sabha – The

Indian constitution also deviates from the traditional principle
of providing equal representation to the states in the Upper
Houses of the federal legislature .
Existence of union territories - Union territories directly
governed by the central government and do not enjoy any
independent powers or autonomy.

Emergency provision – The existence of emergency

provision in the constitution also poses a serious challenge to
the federal character of the Indian Polity. (Art. 352, 356, 360)
Legislative Relation Between Union and States

 The Union States relation in the legislative sphere have been dealt by
Article 245 to 254.

 Legislative powers distributed in Union list , State list and Concurrent

list.

 Union List – 99 Subject In respect to these subject Union has power to

make law .e.g. Defence, Foreign affaires ,Citizenship etc

 States List – 61 Subjects in respects to these subjects states has

power to make law.e.g.Public order ,Public health , Forest ,Agriculture,
Education etc.
 Concurrent List – 52 subjects in respect to these subjects Union and
States both has power to make law .e.g. Criminal law, Ttade union ,
Marriage, Divorce Etc. • However , if the law of the Union Government
and the State Government comes into clash with each other then
Union`s law prevails.

 Residuary Powers – According to Article 248 residuary powers goes to

Union . Residuary powers means those subjects are not covered in
Union List , States List and Concurrent List.
Appointment of Governor by President – The provision
regarding the appointment of Governor of States by the
President is also clear violation of the federal principle.

Centralised Election Machinery – One election commission

in charge of elections in the centre and states.
 Indian Constitution as Quasi Federal?
The Indian Consitution is described as Quasi Federal by K. C
Wheare.
In such a form of government, the power is divided unequally into
the Centre and State governments.
The Centre enjoys more power.
With its dual administration, division of powers, written constitution,
constitution supremacy, rigidity, independent judiciary, and
bicameralism, India’s Constitution forms a federal system of
government.
It is also described as bargaining federalism and cooperative
federalism by some professionals.
 India – A Union of States – Art 1
 According to Article 1 of the Constitution, India is a Union of States.
 As the Chairman of the Drafting Committee, Dr. Ambedkar was
responsible for the word UNION being substituted for FEDERATION.
• The Drafting Committee stated that there were advantages in
describing India as a “Union”, despite its Constitution being
federal in structure.
• Reiterating this view in the Assembly, Dr. Ambedkar said that the
Unitary Government of South Africa was called a Union and so it
was not contrary to usage to describe India as a Union.
• Dr. Ambedkar clarified that though India was to be a Federation,
the Federation was not the result of an agreement (or a contract)
by the States to join a federation, and that the Federation, because
of not being the result of an agreement, no State had the right to
secede from it. The Federation was a Union because it was
indissoluble.
 CONCLUSION
 It may be concluded that the Constitution of India is neither
purely federal nor purely unitary, but is a combination of both

 It enshrine the principle that inspite of federalism, national

interest is ought to be important.

 Hence India is a Federal country with unitary features

 Led to call it as Quasi-Federal