Federalism

Basics

• Indian Federalism is unique form of federalism ie. Quasi federal  or ‘federation sui generis,’ meaning a federation of its own kind
• It is the delegation of power between the central power and the constitutional units
• In the Bommai case (1994), Supreme Court laid down that the Constitution is federal and characterized federalism as its basic feature.

Federal Features of the Constitution

1. Dual Polity
   • The Union and the States function as two distinct levels of governance, each empowered to operate in their respective domains as prescribed by the Constitution.
   • The Union handles national matters like defense and foreign policy, while states handle local concerns like agriculture and public health.
2. Written Constitution
   • India’s Constitution is the longest written Constitution globally, clearly defining the powers and functions of both the Union and States to minimize conflicts.
3. Division of Powers
   • The Seventh Schedule categorizes subjects into three lists: Union List, State List, and Concurrent List.
     • Union List: 98 subjects
     • State List: 59 subjects
     • Concurrent List: 52 subjects
   • Residuary powers lie with the Centre.
4. Supremacy of the Constitution
   • The Constitution is the supreme law. Courts can invalidate laws that conflict with its provisions.
5. Rigid Constitution
   • Provisions related to federal structure require joint consent of the Parliament and at least 50% of State Legislatures to amend.
6. Independent Judiciary
   • The judiciary safeguards federal principles and resolves disputes between the Union and States.
7. Bicameralism
   • The Rajya Sabha represents States and acts as a safeguard for their interests.

Unitary Features of the Constitution

1. Strong Centre: The Centre dominates the Union-State power dynamic due to its control over residuary powers, more subjects in the Union List, and overriding authority over the Concurrent List.
2. States Not Indestructible: States lack territorial integrity. The Centre can alter their boundaries or names unilaterally.
3. Single Constitution: Unlike other federations, States do not have separate Constitutions (except J&K before its special status was revoked in 2019).
4. Flexibility of the Constitution: Most amendments can be passed by the Parliament without State consent.
5. No Equal Representation for States: Representation in the Rajya Sabha is based on population, not equality (unlike the U.S. Senate).
6. Emergency Provisions: During emergencies, the Union government assumes overarching control, transforming India into a unitary state.
7. Single Citizenship: Indian citizens have only national citizenship, unlike dual citizenship in some federations.
8. Integrated Judiciary: A single system of courts enforces both Union and State laws
9. All India Service: Services like IAS and IPS, controlled by the Centre, operate across both Union and State governments.
10. Integrated Audit Machinery: The Comptroller and Auditor General (CAG) oversees both Union and State accounts, limiting State autonomy.
11. Parliament’s Authority Over State List: The Parliament can legislate on State List subjects in national interest if approved by the Rajya Sabha.
12. Governor’s Role: Governors, appointed by the President, act as agents of the Centre, giving it indirect control over States.
13. Integrated Election Machinery: The Election Commission conducts elections for both Union and State legislatures.
14. Veto Over State Bills: The President can withhold assent to State bills, giving the Centre control over State legislation.