Federalism in the Indian context is a fundamental architectural principle of the polity, characterized by the legal division of powers between a central authority and various constituent units. While the term “Federation” is not explicitly mentioned in the text of the Constitution, Article 1 describes India as a “Union of States,” implying an indestructible bond where states have no right to secede.
The Indian federal system is designed to balance the competing needs of national unity and regional aspirations. By allowing the Central government to maintain uniform national policies while empowering States to tailor governance to local requirements, India’s federalism serves as a vital tool for managing its immense sociological and linguistic diversity.
General Characteristics of a Federal System
Global federal models typically share five core pillars that ensure a functional power-sharing arrangement:
1 Division of Power: A clear demarcation of responsibilities between the central and regional governments, ensuring each level operates within its own specific sphere of authority.
2 Supremacy of the Constitution: A written document serves as the ultimate source of power for both levels of government, preventing arbitrary overreach through a system of checks and balances.
3 Independent Judiciary: An impartial judicial body is required to interpret constitutional provisions and act as an arbitrator in disputes between the Centre and the States.
4 Bicameral Legislature: Usually features two houses—one representing the national population (e.g., Lok Sabha) and the other representing the interests of regional units (e.g., Rajya Sabha).
5 Flexibility and Adaptability: The system must allow for the adjustment of power-sharing as socio-political and economic circumstances evolve over time.
The Historical Evolution of Federalism in India
The journey toward India’s current federal structure began long before 1947, rooted in colonial-era administrative reforms.
Pre-Independence Milestone: The Foundation
- Simon Commission (1930): The earliest formal seeds of the Indian federal system were sown in this report, which shifted the focus toward a decentralized model.
- First Round Table Conference (1930): The British Government officially accepted the principle of an All-India Federation, intended to include both British Indian Provinces and the Princely States.
- Government of India Act 1935: This landmark act provided the blueprint for the current federal system. While its federal provisions never fully became operative at the Centre, the parts concerning Provincial Autonomy became effective in 1937.
- The Shift in 1946-47: Initially, Pandit Nehru and the Constituent Assembly supported a model with strong autonomous provinces and a relatively weak Centre. However, following the trauma of Partition, the Union Powers Committee recommended vesting Residuary Powers in the Centre to ensure national stability.
Post-Independence Dynamics: A Changing Landscape
- 1960s–70s: The rise of regional and linguistic identity politics led to the reorganization of states. This era also saw frequent use of Article 356 (President’s Rule), creating friction between the tiers.
- 1980s–90s: A major shift toward decentralization occurred, culminating in the 73rd and 74th Constitutional Amendments, which introduced the “Third Tier” of local self-government.
- The Modern Era: Recent years, particularly during the COVID-19 pandemic, have highlighted the necessity of Cooperative Federalism, where Centre and States must coordinate on healthcare, resource allocation, and disaster management.
Significance of the Indian Federal Structure
The importance of federalism in a country as vast as India cannot be overstated:
- Accommodation of Diversity: It provides the necessary autonomy for states to preserve their unique cultural, linguistic, and social identities.
- Effective Governance: A multi-tier system ensures that decision-making is closer to the citizens, improving the delivery of public services.
- Promotion of Democracy: By sharing power, it prevents the concentration of authority in a single office and encourages broader political participation.
- Protection of Rights: State governments are often better positioned to understand and address the specific grievances of minority populations within their borders.
Federal Provisions in the Indian Constitution
The Constitution provides several specific articles that uphold the federal character of the Indian Union:
| Article | Provision | Federal Significance |
| Article 1 | India, that is Bharat, shall be a Union of States. | Establishes the constituent units of the federation. |
| Article 79 | Constitution of Parliament (includes the Rajya Sabha). | Ensures states have a voice in the national legislative process. |
| Article 131 | Original Jurisdiction of the Supreme Court. | Makes the SC the sole arbitrator for Centre-State disputes. |
| Article 246 | The 7th Schedule (Union, State, and Concurrent Lists). | Clearly demarcates the legislative subjects for each level. |
| Article 368 | Amendment of the Constitution. | Requires consent from half of the States for any changes affecting federal provisions. |
Unitary Features: The “Strong Centre” Bias
Despite being federal, the Indian Constitution contains several provisions that allow the Union to exercise significant control over the States:
1 Indestructible Union of Destructible States (Article 3): The Parliament can unilaterally alter the boundaries, names, or areas of any state without their consent.
2 Emergency Provisions: Under Article 352 (National Emergency) and Article 356 (President’s Rule), the federal structure can be converted into a unitary one overnight.
3 Strong Union Legislature: The Centre holds Residuary Powers (Article 248) and can legislate on State subjects in the “national interest” if the Rajya Sabha passes a resolution (Article 249).
4 Single Citizenship: Unlike the US, India has only one citizenship. All Indians hold equal rights regardless of their state of residence.
5 All-India Services: Officers of the IAS, IPS, and IFoS are recruited by the Centre but serve in the States, allowing the Union to influence state executive machinery.
6 Integrated Judiciary: A single hierarchy of courts exists, with the Supreme Court at the apex, ensuring uniform application of laws across the country.
The “Quasi-Federal” Nature of India
Indian federalism is often described by scholars like K.C. Wheare as “Quasi-federal” because it is a unique hybrid. It possesses all the structural requirements of a federation but is functionally biased toward the Union to protect national integrity.
Dr. B.R. Ambedkar famously noted that the Indian Constitution is designed to be “both unitary as well as federal according to the requirements of time and circumstances.” This flexibility allows the country to remain a cohesive unit during crises while functioning as a vibrant federation during normal times.
Frequently Asked Questions (FAQs)
WHAT IS THE MEANING OF FEDERALISM IN THE INDIAN CONTEXT?
It is a system of government where power is divided between the Central government and the States, as outlined in the Constitution, to balance national unity with regional diversity.
WHICH SCHEDULE OF THE INDIAN CONSTITUTION DEALS WITH THE DIVISION OF POWERS?
The Seventh Schedule deals with the division of powers through three lists: the Union List, the State List, and the Concurrent List.
WHY IS INDIA CALLED A “UNION OF STATES” INSTEAD OF A “FEDERATION”?
This terminology was chosen to emphasize that the Indian federation is not the result of an agreement by the states (unlike the USA) and that no state has the right to secede from the Union.
WHAT ARE RESIDUARY POWERS IN INDIAN POLITY?
Residuary powers refer to the authority to legislate on subjects not mentioned in any of the three lists of the 7th Schedule. In India, these powers belong to the Parliament (Centre) under Article 248.
HOW DOES THE SUPREME COURT PROTECT INDIAN FEDERALISM?
Under Article 131, the Supreme Court has original jurisdiction to settle legal disputes between the Centre and one or more States, ensuring that neither violates the constitutional division of power.
WHAT IS COOPERATIVE FEDERALISM?
It is a concept where the Centre and States work together horizontally to solve common problems and implement national policies, rather than having a top-down, command-based relationship.
CAN PARLIAMENT CHANGE THE BORDERS OF A STATE WITHOUT ITS PERMISSION?
Yes, under Article 3, Parliament can alter the area, boundaries, or name of any state. While the state legislature’s views are sought, the Parliament is not bound by them.
WHAT ARE THE THREE TIERS OF THE INDIAN GOVERNMENT?
The three tiers are the Central Government, the State Governments, and the Local Self-Governments (Panchayats and Municipalities).
WHICH AMENDMENTS STRENGTHENED LOCAL SELF-GOVERNMENT IN INDIA?
The 73rd and 74th Constitutional Amendment Acts of 1992 granted constitutional status to Panchayats and Urban Local Bodies, respectively.
WHO DESCRIBED THE INDIAN CONSTITUTION AS “QUASI-FEDERAL”?
The prominent constitutional scholar K.C. Wheare described the Indian system as quasi-federal due to its strong centralizing tendencies.
