Indian Political Science Association

UNDERSTANDING INDIAN FEDERALISM

Author(s): Baby Huma
Source: The Indian Journal of Political Science , October-December, 2015, Vol. 76, No. 4
(October-December, 2015), pp. 792-795
Published by: Indian Political Science Association

Stable URL: https://www.jstor.org/stable/10.2307/26575604

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The Indian Journal of Political Science
Vol. LXXVI, No. 4, October-December, 2015, pp. 792-795 (ISSN NO. 0019-5510)
UNDERSTANDING INDIAN FEDERALISM
India is a large country characterized by its
size and population, linguistic, cultural and religious
diversities. These very natural tendencies propel India
to move towards federalism as basis of its governance.
Very few countries have been such melting pot
of ethnic, religious and cultural identities as India has
been. In historical terms, the process of these identities
getting fused into one another went on simultaneously
with the advent of new forces and pressures. During
the British period, there was both fission and fusion
.on the one hand, the identities began to merge with
one another, and on the other each of them got further
individualized.1
The federalism in India is a result of historical
growth and its roots can be traced back to the various
Government of India acts passed by the British
administration. The British administration though
had initiated centralized policies since 1773, it soon
encountered difficulties. Faced with the reality of
the situation in as early as 1861 legislative powers
were given to the provinces and by the Indian act
of 1919, the ‘nation-building’ subjects of education,
health, agriculture, irrigation and public works were
devolved to the provincial legislatures, together with
the appropriate financial ways and means. In 1930,
the Simon commission considered the efficiency of
federation as a means of mitigating the Hindu- Muslim
conflicts and coping with the problem of more than
five hundred princely states; while the subsequent
round table conferences revealed widespread support
for federal solution. Finally, the government of
India act, 1935 prescribed a federal type union of
autonomous provinces whose governments were to
derive their powers directly from the crown.2
Nature Of Indian Federalism: Article 1 of the
Indian constitution declares India i.e. Bharat shall
be a “union of states”. Although the term ‘federal’ is
nowhere used in the constitution of India, the basic
structure of the governance is federal in nature.
The nature of Indian federalism is different from
other federal models. In the Indian constitution, there
Ms. Baby Huma, Research Scholar, Department of Political Science, Aligarh Muslim University, Aligarh (U.P)
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792
Baby Huma
is a unique blend of federalism and Unitarianism
because as the Indian constitution possesses all the
essential characteristics of federalism, the unitary
spirits of the constitution are also very prominent.
  The happy blend of features both led to scholar
describes Indian federation as ‘quasi – federal’ or
‘semi – federal’. K.C. Where, a well-known British
scholar describes India as “a unitary state with
subsidiary federal principles rather than a federal
state with subsidiary unitary principles.” Charles
Alexandrowicz argues that India is a true federation-
although, like all other federations, it has distinctive
characteristics- and that it is misleading to refer as a
quasi federation. Sir Ivor Jennings feels that “India
has a federation, with strong centralizing tendency”.
W.H. Morris Jones held the view that Indian
federalism was a kind of ‘cooperative federalism’
where bargaining took place between the centre and
the states, but ultimately a solution came out and both
agreed to cooperate.
Unitary Features: The striking unitary features
are dominant in constitution of India. The provisions
incorporated in the Indian constitution leading
towards Unitarianism are;
Unlike other federations, Indian constitution has the
right to change the boundaries and name of the
states according to article 2 and 3.
• The appointment of governor as the constitutional
head of the state by the president of India and he
holds office during his pleasure. The governor
has authority to perform his functions without
being responsible to state authorities. The
presence of a powerful governor indicates the
strong position of centre.
• There is a provision of single citizenship in India.
• The strong centralized tendency of the Indian
constitution is very obvious by the provision
in the constitution article 249 that by a passing
a resolution supported by not less than 2/3
majority of its members, the items of the state
Contemporary Strategies For Developing Rural India
list can be transferred to union list for a period
of one year, empowering the centre to make laws
on that particular subject.
• The units or the states do not have a right to
secede from the centre. In the 16th amendment of
the constitution in 1963, it was made clear that
the states have a right to express the demand but
not the power to secede.
• No equal representation of states in the
legislature. The allocation of seats in the lower
house depends upon the population of the units.
• The amending procedure in India is very rigid
and favors union.
• The emergency provisions of Indian constitution
can easily transform India into a unitary system
at the time of war or breakdown of constitutional
machinery.
Federal Features
• The most important characteristic of Indian
federalism is that there is supremacy of the
constitution. No state even centre do not have a
right to change the provisions regarding power
of governance enshrined in it.
• Two level of governments at central and states
and both are autonomous and independent in
their functioning.
• India has a written constitution and all the
provisions of functioning of the government are
divided between the centre and units through
constitutional mechanism of division of power
for a smooth functioning of the government at
both levels.
Centre – State Reltions: In India, there is a
formal division of legislative, administrative and
financial powers between the centre and states to
maintain a healthy balance of working relationship
and cooperation between the two. As the constitution
declares India a “union of states”, there is a strong tilt
towards union while distributing all areas of relations
between them.
Legislative Relations: In India, there is a
threefold distribution of legislative powers between
the union and the states. [art.246)] the Government
of India Act, 1935, introduced a scheme of threefold
enumeration, namely, federal, provincial, and
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793
concurrent. The constitution adopts this scheme from
the act of 1935 by enumerating possible subjects of
legislation under three legislative lists in sch.VII of
the constitution.3
Union List: The union list have 100 items
upon which the centre has the authority to legislate
and the units do not have any right to intervene in it.
The matters of national interest or common interests
of both allocated in the union lists such as defense,
military and air force, foreign affairs, atomic energy,
war and peace, citizenship, railways, currency,
banking, union public service commission, all India
services etc.
State List: The state list consists of 66 items
upon which the state legislature has the power to
make laws and centre is debarred to intervene in this.
The subjects in this list include matters such as public
order, police including railway police, prison, public
health, forests, fisheries, agriculture, education, local
governments etc. The selection of these items is made
on the basis of local interests.
Concurrent List: The concurrent list consists
of 52 items including matters related to criminal law,
criminal procedure, marriages and divorce, trade,
electricity, trade union economic and social palling
etc.
In case of overlapping of a matter as between the
three lists, predominance has been given to the union,
as under the Government of India Act, 1935.
In the concurrent sphere, in case of repugnancy
between a union and a state law relating to the same
subject, the former prevails. If, however, the state law
was reserved for the assent, the state law may prevail
notwithstanding such repugnancy, but it would still be
competent for parliament to override such state law
by subsequent legislation [Art. 254(2)]. 4
Residuary Powers: Unlike other federal states
like United States and Switzerland, The residuary
power rests with the center in India.
Besides vesting residuary power in the union,
the union parliament is authorized to take up for
legislation by itself any matter enumerated in state
list, whenever the council of states resolved by 2/3
majority, that such legislation is necessary or expedient
in the national interests. (Article 249). No emergency
is necessary for the assumption of the state power by
parliament. National interest is wide enough to cover
The Indian Journal of Political Science
any matter which has incidence over the country as
a whole as distinguished from any particular locality
or section of the people. Under article 250 of the
constitution, parliament can legislate with respect to
any matter with respect of any matter in the state list
if a proclamation of emergency is in operation (352-
360). And according to article 252 if the legislatures
two or more states think it desirable that on any
matters mentioned in the state list parliament should
make a law for them, then they can authorized it to
do so.5
Administrative Relations: The administrative
relations between the union and the states as
regulated by the constitution also have a great deal of
bias towards centre it is provided that the executive
power of every state shall be so exercised as to ensure
compliance with the laws made by parliament and
existing laws (Article 256). The executive power
of the union shall also extend to the giving of such
directions to the states as they may appear to the
government of India to be necessary for that purpose
(Article 257). 6
Financial Relations: The distribution of
revenue sources is especially critical in determining
the nature of the state’s relationship with the centre.
Under the constitution, the taxation powers are
included in the union list and the state list. These lists
are both exhaustive and mutually exclusive. The items
embodied in the state list include land revenue, taxes
on agriculture income, excise duties on alcoholic
drinks and narcotic drugs, general sales tax and sales
tax on motor spirits, tax on motor vehicles, stamp
and registration, entertainment taxes and electricity
duties. On the other hand, the exclusive rights for
raising the most elastic taxes such as general income
tax, corporate tax, excise duties (except on alcoholic
liquors and narcotics) customs duties and so forth are
conferred upon the union government.7
Inter – State Council: The president is
empowered to establish an inter – State council
[Art.263] if at any time appears to him that that the
public interest would be served thereby. Though the
president is given the power to define the nature of
duties to be performed by the council, the constitution
outlines the three – fold duties that may be assigned to
this body. One of these is-
“The duty of inquiry in to an advising upon
disputes which may have arisen between states”.
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794
The other functions of such council would be
investigate and discuss subjects of common interest
between union and the states or between two or more
statesinter se, e.g. research in such matters agriculture,
forestry, public health and to make recommendation
for coordination of policy and action relating to such
subject.
In exercise of this power, the President has so
far established a Central Council of Health, a Central
Council of Local Self Government and a Transport
Development Council for the purpose of coordinating
the policy of the states relating to these matters. In
fact, the primary object of an inter – state council
being coordination and federal cohesion, this object
has been lost sight of, while creating fragmentary
bodies to deal with specified matters relaying on the
statutory interpretation that the singular ‘a’ before the
word ‘ council’ includes the plural.8
Extra Constitutional Mechanisms: Apart from
the various constitutional provisions, there are some
extra – constitutional mechanisms to promote the
union – state cooperation in the development of the
nation. These are-
Planning Commission: The planning
commission, as such, is not to be found in the
constitution. ‘Economic and social planning’ is the
concurrent legislative power [Entry 20, list III].
Planning commission is an extra constitutional
body, headed by the prime minister of India. The
commission was set up in 1950 for formulation of
five year plans for social and economic development.
The function of the commission is to prepare a
plan for the “most effective and balanced utilization
of the country’s resources”, which would initiate
“a process of development which will raise living
standards and open to the people new opportunities
for a richer and more varied life” .9
National Development Council: The working
of the Planning Commission led to the setting up of
another extra-constitutional and extra-legal body,
namely, the National Development Council. The
Council was formed in 1952, as an adjunct to the
Planning Commission, to associate the States in
the formulation of the Plans. The functions of the
Council are “to strengthen and mobilise the efforts
and resources of the nation in support of the Plans, to
promote common economic policies in all vital spheres
and to ensure the balanced and rapid development of
Contemporary Strategies For Developing Rural India 795

all parts of the country”, and in particular are- planning with a pronounced socialist bias greatly
contributed to the augmentation of the powers of the
(a)    to review the working of the National Plan from
central governments in ways which certainly would
time to time;
not have been thought of by the founding fathers.13
(b)      to recommend the measures for the achievement
It thus became clear that in Indian federalism,
of the aims and targets set out in the National Plan.10
in terms of the constitutional structure, there
National Integration Council: Another extra was a tilt in favour of the centre at the cost of the
constitutional body, the national integration council, state.14 TheIndian federation should be seen in the
was created in 1968, to deal with welfare measures for context of its democratic system of governance at the
the minorities on an all- India basis. The National Front national, state and local levels and the pluralities of
Government revived it in 1990, with a broad based its culture in terms of ethnic, linguistic, religious and
composition. Including not only Union Ministers and other diversities which cut through the States. India
Chief Ministers of states, but also representatives of is the largest democratic country as also the largest
national and regional political parties, labour, women, federal and the largest pluralist country of the world.
public figures as well as media representatives.11 While democracy provides freedom to everybody,
federation ensures that governance is distributed
A Centralized Federation: The entire scheme
spatially and a strong central government enables
of distribution of power between the centre and
that the ‘unity amidst diversity’ is maintained and
units undoubtedly display a high centralization of
the country mobilizes all its resources to maintain
power towards union. The distribution of authorities
its harmony and integrity and marches ahead to
is strongly biased towards the centre. In the
progress.15
administrative spheres also, the states are sub ordinate
to the union. The extra ordinary powers of the centre References:
made it quasi federal, having dominant unitary 1. Narang, A.S. (2000 Indian Government and Politics. Delhi:
characters. In the words of G. N. Joshi; “these, then, Gitanjali, p.100.
are some of the special features of the Indian union. It 2. ibid., p.100
both resembles and differs from other federations. It 3. Basu, D.D. (2012) Introduction to the Constitution of India.
may be correctly described as a quasi- federation with Nagpur: Lexis Nexis, p.329.
many elements of unitariness.”12 4. Ibid. , p.329.
5. Narang, A.S. (2000) Indian Government and Politics. Delhi:
There are three major reasons for the increasing
Gitanjali, p.104
dominance of the centre and its use of powers from
6. ibid. p.105.
time to time in manner not perceived to be impartial
7. ibid. ,p.107
and in accordance with the spirit of the constitution.
8. Basu, D.D. (2012) Introduction to the Constitution of India.
These according to Raja Chellia are: first, the political
Nagpur: Lexis Nexis, p.346-347
parties themselves are not federally structured. The
9. Ibid. , p.347
party constitution being unitary in character, the
10. Ibid. , p.348
central leadership of the parties exercise absolute
11. Narang, A.S. (2000) Indian government and politics. Delhi:
control.
Gitanjali, p.116.
Second, in a homogenous or a largely 12. Fadia, B.L. (2010) Indian Government and Politics. Agra:
homogenous society, it is less difficult to define and Sahitya Bhawan, p.199.
identify ‘national interest’. In a non – homogeneous 13. Narang, A.S. (2000) Indian government and politics. Delhi:
society, if the central government is perceived as being Gitanjali, p.116.
effectively controlled by some regimes, the actions 14. Ibid,p.118.
of that government in relation to states inhabited by 15. http://interstate council.nic.in/co_operative_federalism.html.
differentiated groups become suspect. Retrieved on 12-09-2015.

Third, the adoption of centralized economic

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