Features of Indian federalism

Published on 30 Nov 2024

Features of Indian federalism

India has a federal polity with power being divided between central government and the state governments by the constitution. Schedule 7 of the Constitution delineates the law making and executive power of different tiers of government. The judiciary through the Kesavananda Bharati judgement and the Bommai judgement has established the relevance of federalism to Indian polity.

Federal features

• Dual government: The presence of government at the central and the state level.

• Division of powers: The Constitution of India mentions three lists - Union list, State list and Concurrent list which calls for effective power sharing.

• Example: Union list having 100 subjects, state list having 61 subjects and concurrent list with 52 subjects.

• Bicameral legislature: The presence of Rajya Sabha which has equal powers to Lok Sabha on many matters is another federal feature.

• Example: Rajya Sabha has equal power as Lok Sabha during passing an ordinary bill and a constitutional amendment bill.

• Nature of constitution: India has a rigid, written constitution which is the supreme law of the land.

• Supremacy of the constitution: The constitution acts as the guide in deciding the legality behind political actions and this prevents misuse of power.

• Example: The Supreme court by using Article 13 can strike down by action by the government which violates the basic structure of the constitution.

• Independent judiciary: The judiciary has the power to review the legislations and executive actions of the government It also has the power to settle disputes between centre and states.

• Example: Under Article 131, the Supreme Court has original jurisdiction to deal with disputes between centre and state.

Even though these federal features are hallmarks of India's federalism there also exist certain unitary features in Indian polity.

Unitary features

• Strong centre: The division of power is titled in favour of the central government with the Union list having more subjects. The Centre has more powers concerning concurrent list items and also has full power over residuary provisions.

• Example: Union list has 100 subjects while state list has only 61 subjects.

• Nature of constitution: There is only a single constitution with no separate one for the states. Also states have less power during the amendment of the constitution.

• For example: States are consulted for only a few subjects while amending a constitution and they cannot initiate an amendment.

• Single citizenship: There is only Indian citizenship and no provision for identifying a person as a citizen of a state.

• Integrated judiciary: Indian judiciary follows a hierarchy where verdicts of the lower court can be overruled by higher courts. Also, the same laws are followed by the judiciary at each level.

• Example: The judgements made by the High Court can be appealed at the Supreme court. The higher court can use certiorari and prohibition powers over lower courts.

• Appointment of Governor: The governor holds the office at the pleasure of the President with the state government having no role in their appointment or removal.

• All India bodies: India has an integrated auditing machinery and integrated election machinery, both being appointed by the central government. Also, the state government has less control over All India Services.

• Example: Centre has preponderance over state on the service of All India Servants in matters of selection, appointment, training, cadre allocation etc.

This shows that the Indian system has a mix of both federal and unitary provisions. Though these unitary provisions have diluted some federal principles, they are being maintained for protecting national unity and the federal nature of Indian polity is still preserved.

Tags:
Polity

Keywords:
Federalism Unitary features Federal features S.R Bommai Judgement