Q. 1. What are the federal features of the Indian Constitution? Explain.
Ans. The Constitution of India establishes a federal system of government. Many commentators, however, have argued that while India is federal in form, it often operates with strong unitary features. Dr. K. C. Wheare and other scholars noted this balance; as Dr. H. M. Seervai and Dr. Granville Austin point out, the Constitution combines federal and unitary elements to suit India's needs as a large, diverse nation.
Federal Features of the Indian Constitution.
Following are the features of Indian federation:
1. Division of Powers: The Constitution creates two levels of government - the Union government and the state governments - and divides legislative subjects between them. This division is set out in three lists in the Seventh Schedule: the Union List (subjects on which Parliament alone may legislate, e.g., defence, foreign affairs, atomic energy), the State List (subjects on which state legislatures may legislate, e.g., police, public health, agriculture) and the Concurrent List (subjects on which both may legislate, e.g., criminal law, marriage and divorce). In the case of conflict, Union law prevails on concurrent subjects. Residuary powers (those not mentioned in any list) are vested in the Centre.
2. Written Constitution: The Indian Constitution is a written document framed by the Constituent Assembly. Every Article was debated and adopted; the Constitution as originally enacted contained detailed provisions and schedules that clearly set out the structure and functions of the Union and the States.
3. Rigid Constitution: The Constitution is partly rigid. Certain amendments require more than a simple parliamentary majority. Amendments affecting federal provisions need, in addition to parliamentary approval, ratification by not less than half of the state legislatures as provided in Article 368.
4. Supremacy of the Constitution: The Constitution is supreme and both the Union and the States must act within its limits. The doctrine of constitutional supremacy is enforced by judicial review, which allows courts to invalidate laws that violate constitutional provisions.
5. Supremacy of the Judiciary: An independent judiciary, headed by the Supreme Court, resolves disputes between the Centre and the States and interprets the Constitution. Its judgments are final and help maintain the federal balance by adjudicating conflicts of power.
6. Bicameral Legislature: The Parliament is bicameral - the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). The Rajya Sabha represents the States in the federal legislature; its members are elected by state legislatures and the House is permanent, which is a characteristic feature of many federations.
7. Dual Polity: India has two levels of government operating independently within their respective jurisdictions. Both the Union and the States derive authority from the Constitution rather than from one another; each has its own set of powers and responsibilities.
Q. 2. Examine the Unitary tendencies in the Indian Federation.
Ans. Although India has many federal features, several provisions and practices introduce unitary tendencies. These features strengthen the Centre and reduce the autonomy of States.
The main factors are:
1. Division of Powers in Favour of Centre: The Constitution places many important subjects in the Union List. Where a subject appears in the Concurrent List, Union law overrides state law in case of conflict. Overall, the Centre enjoys a preponderance of legislative powers.
2. Encroachment over the State List by the Union Government: The Constitution contains specific provisions that allow the Centre to legislate on state subjects in certain circumstances:
(1) Parliament, by a simple majority, can alter state boundaries, create new states or change state names, and can create or abolish state legislative councils.
(2) The Rajya Sabha can, by a resolution passed by a special majority, recommend that Parliament make laws on a state subject in the national interest; such a resolution effectively transfers a state subject to the Centre.
(3) The Central Executive may issue directions to state executives and, in some cases, supervise their functioning.
(4) Parliament may legislate on any subject to implement international treaties or agreements.
3. Influence of the Union Executive over the State Executive: Several constitutional arrangements increase central influence over state administration:
(i) The Governor of a State is appointed by the President and acts as the Centre's representative; the Governor holds office during the President's pleasure.
(ii) Many senior civil servants who serve in the states belong to the All India Services; their appointment, promotion and disciplinary control involve the Centre.
(iii) The Central Government issues directions and guidelines to states in certain areas.
(iv) The President can issue directions to protect national communications and security, affecting state administration.
4. No Separate Constitution of the States: Except for Jammu and Kashmir previously (historically), Indian states do not have separate constitutions. The powers and functions of state governments are set out in the single Constitution of India, creating a single constitutional frame for both levels of government.
5. Change in the Boundaries of States: Parliament may reorganise state boundaries, create new states or change state names on the basis of a President's recommendation, demonstrating central control over territorial structure.
6. Amendment in the Constitution: Although some provisions require state ratification for amendment, most constitutional changes can be initiated and passed by Parliament alone. States cannot initiate amendments; their role is limited to ratifying certain specified changes.
7. Unequal Representation of the States in Rajya Sabha: In contrast to federations where the upper house gives equal representation to constituent units, Rajya Sabha representation is roughly proportional to population. This means larger states have greater weight in the Council of States.
8. Single Citizenship: Citizenship in India is uniform and unitary; every person is a citizen of India rather than having separate state citizenship, which reduces the constitutional autonomy of states vis-à-vis citizens.
9. Single Integrated Judicial System: The Constitution establishes a single judicial structure (Supreme Court and High Courts) for adjudicating disputes at all levels. There is one civil and criminal code across the country, reinforcing legal unity.
10. Election Commission: Electoral management is centralised: a single Election Commission conducts elections for both Union and state legislatures. Similarly, the Comptroller and Auditor General and certain other institutions function at the national level.
11. All India Services: Officers of the All India Services serve both the Centre and the States, creating administrative unity and central influence in state administration.
12. Constitution does not mention the word federation: Article 1 describes India as a "Union of States" rather than a federation. The term 'Union' emphasises the indissoluble nature of the country and the central character of the state.
13. Unitary government in time of emergency: Under emergency provisions, the Centre acquires extensive powers. When an emergency is proclaimed (for example under Article 352), the Centre may assume legislative and executive functions of the states without consulting them. This shift makes the system effectively unitary in crises.
14. Overwhelming Financial Powers of the Union: The Centre controls major taxation powers and financial resources. States depend on central transfers and grants, which increases central leverage over state policies.
15. States have no Right of Secession: There is no constitutional right for states to secede. As Dr. B. R. Ambedkar observed, the Constitution frames a single system within which both the Union and the States must operate.
Real Position: The Indian Constitution contains both federal and unitary elements. During ordinary times India operates with significant federal features; in times of crisis the Constitution permits stronger centralisation. Thus, while the Constitution creates a federal structure, it also embeds mechanisms that allow the Centre to assert dominance when considered necessary. Therefore, it is commonly described as federal in form but unitary in spirit.
Q. 3. Explaining the measuring bf federalism, discuss the features and nature of Indian federalism.
Ans: Federalism is a system in which powers are shared between the Centre and the States. It usually involves a clear territorial division of powers and independent functioning of both levels of government. The makers of the Indian Constitution adopted key federal features to manage the country's diversity but also included provisions to ensure unity and effective governance.
Important features and unitary elements of Indian federalism are:
- Unequal distribution of powers between the Centre and States - the Centre enjoys greater authority in many important fields.
- Residual powers are vested with the Centre, strengthening central control over new or unforeseen subjects.
- Provisions for emergency powers (for example, Article 352) that expand Centre's authority during crises.
- Provisions for President's Rule (Article 356), which permit the Centre to take over state administration in specified situations.
- An integrated judiciary that provides a single legal and constitutional framework across the country.
- An integrated bureaucracy and the prominence of the All India Services in state administration.
- Appointment of the Governor by the President and the Governor's role as the Centre's representative in the state.
- Amendment powers are primarily with Parliament; states have a limited role in constitutional change.
- Central dominance over national bodies such as the Finance Commission, Union Public Service Commission (UPSC), Election Commission and formerly the Planning Commission.
Therefore, India may be described as a federal polity with strong unitary features. Scholars have used terms such as "co-operative federalism" (K. C. Wheare) and "bargaining federalism" (Morris Jones) to capture the practical give-and-take between the Centre and the States in India's political system.
