1

TITLE

FEATURES OF INDIAN FEDERALISM


Subject - Federalism


Submitted to:-

ASSIST. PROF. Akash Kumar





Submitted by:-

SHRUTI KAUSHAL
BBA.LL.B (Hons.)
(1
st
year, 2
nd
SEMESTER)
(2012 13)
MATS Law School
MATS University, Raipur


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ACKNOWLEDGEMENT

I am deeply indebted to Mr. Akash Kumar, Assistant Professor, MATS Law School,
MATS University, Raipur for constantly guiding and encouraging us to undertake and complete
this project. We are thankful for his patient disposition.
I am also thankful to Dr G.P. Tripathi, Director, and all other staff of the MATS Law
School, MATS University, Raipur for giving me opportunity and facility to complete this work.

Shruti Kaushal
2
nd
Semester, B.B.A-LLB
MU12BBALLB24













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Table of Contents

S.No. Topics Page No.

1. Introduction 4
2. Indian Federalism 5
3. Features essential for federalism 8
4. Distinctive Features of Indian Federalism 9
5. Conclusion 11
6. Bibliography 12
7. Website 13















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INTRODUCTION
Every country has its own structure of administration. Before defining the features of Indian
existence of quasi federalism I would like to define federalism and Quasi federalism. By a
federal we mean a constitutional division of power between one general government (that is to
have authority over the entire national territory) and a series of sub national governments
individually have their own independent authority over their own territories, whose sum
represents, almost the whole nationality. Quasi Federalism means a system of governance
which is based on federal form of government with strong unitary features. This Quasi
federalism is followed in India. In India there are two governments in existence- e.g. Government
of Federation (in India Union Government) and Government of Unit (in India- State
Government). These two sets of Government do not subordinate with each other. They cooperate
with each other and are independent to each other.









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INDIAN FEDERALISM
Federalism is a basic feature of the Constitution of India in which the Union of India is
permanent and indestructible. Both the Centre and the States are co-operating and coordinating
institutions having independence and ought to exercise their respective powers with mutual
adjustment, respect, understanding and accommodation. Tension and conflict of the interests of
the Centre and the respective units is an integral part of federalism. Prevention as well as
amelioration of conflicts is necessary. Thus, the Indian federalism was devised with a strong
Centre. Federalism with a strong Centre was inevitable as the framers of the Indian Constitution
were aware that there were economic disparities as several areas of India were economically as
well as industrially far behind in comparison to others. The nation was committed to a socio
economic revolution not only to secure the basic needs of the common man and economic unity
of the country but also to bring about a fundamental change in the structure of Indian society in
accordance with the egalitarian principles. With these considerations in mind the Constitution
makers devised the Indian federation with a strong Union.










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Federalism Defined
Territorial spatial arrangement for administrative convenience . In other sense it is the
existence of two chambers of Government I is the existence of dual government. Federalism
constitutes a complex governmental mechanism for the governance of a country. It seeks to draw
a balance between the power in the Centre and those of number of units. A federal Constitution
envisages a demarcation of governmental functions and powers between the Centre and the
regions by the sanction of the Constitution, which is a written document.
The framers of the Indian Constitution attempted to avoid the difficulties faced by the
federal Constitutions of U.S.A, Canada and Australia and incorporate certain unique features in
the working of the Indian Constitution. Thus, our Constitution contains certain novel provisions
suited to the Indian conditions. The doubt which emerges about the federal nature of the Indian
Constitution is the powers of intervention in the affairs of the states given to the Central
Government by the Constitution .According to Wheare
1
, in practice the Constitution of India
is quasi-federal in nature and not strictly federal. Sir Ivor Jennings
2
was of the view that India
has a federation with a strong centralizing policy. In the words of D.D.Basu
3
the Constitution of
India is neither purely federal nor unitary, but is a combination of both. It is a union or a
composite of a novel type.
The I ndian Constitution is not only regarded as Federal or Unitary in the strict sense
of the terms. I t is often defined to be quasi-federal in nature also. Throughout the
Constitution, emphasis is laid on the fact that I ndia is a single united nation. India is
described as a Union of States and is constituted into a sovereign, secular, socialist,
democratic republic.
It should be remembered that the aforementioned provisions in the Constitution are aimed
at establishing a working balance between the requirements of national unity and autonomy of
the States. Dr Ambedkar, one of the architects of the Indian Constitution, rightly prophesied: Our

1
Austrilian Academic , Oxford University in England
2
Vice Chancellor, University of Ceylon
3
Author , commentary of Indian Constitution
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Constitution would be both unitary as well as federal according to the requirements of time and
circumstances.
Indian Constitution resembles a federal constitution but in essence it is not a federal constitution.
The unique feature of Indian constitution is the presence of features which are necessary for
existence of a federation, at the same time there are provisions which make the Union
Government powerful vis--vis that of State governments. Hence Indian constitution can be
termed as Quasi- federal in nature and Indian Union can be called as Centralized Federation.
Former Chief Justice Beg, in State of Rajasthan v UOI
4
, 1977 called the Constitution of India as
amphibian. He said that ....If then our Constitution creates a Central Government which is
amphibian, in the sense that it can move either on the federal or on the unitary plane, according
to the needs of the situation and circumstances of a case....
Likewise in S.R. Bommai v Union of India
5
, the phrase pragmatic federalism was used. In the
words of Justice Ahmadi, ....It would thus seem that the Indian Constitution has, in it, not only
features of a pragmatic federalism which, while distributing legislative powers and indicating the
spheres of governmental powers of State and Central Governments, is overlaid by strong unitary
features...







4
AIR 1977 SC 1361
5
AIR 1994 SC 1918
8

Features essential for existence of Federal Constitution
There are certain features that are essential for the existence of a Federal Constitution. Some of
the features which are essential for a federal arrangement and present in Indian constitution are
as follows:
Division/Distribution of Power
It is the fundamental and the most essential characteristics of the federation. The powers of a
State are divided into federal and Unit governments.
In Indian constitution under 7
th
Schedule 61 items have been attributed to the State list upon
which State Governments can make a law, there is a Union list containing 100 items upon which
only Union Government can make a law.
Supremacy of the Constitution
It means that the constitution is legally binding on both the Central and State Governments.
Further neither the Central nor the State Governments can change the provisions of the
Constitution that are related to the power and status of the government to enjoy.
The Written Constitution
A written demarcation of division of power is necessary for smooth functioning of the
Government. The Central Government shares power with the State government. Any
Parliamentary constitution cannot be a federal constitution.
Rigidity of the Constitution
A federal Constitution cannot be flexible. It is the substitute of corollary of Supremacy of
Constitution. Supremacy of Constitution brings the rigidity to it.

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Distinctive Features of Indian Federalism
There are features present in Indian constitution which are essential for a federal arrangement. At
the same time there are features in the constitution which give an upper hand to the Central
Government. The following are such features in Indian Constitution:
There is no separate Constitution for the States
There is a single constitution for both the central and the States government. Therefore the States
are limited in their power in conferring State citizenship and certain species rights on the citizens
who are residents of the State which can be denied to the rest of the citizens of the country.
Article 352 (Proclamation of National Emergency)
When the national security of India or any part of its territory is threatened by war or external
aggression or armed rebellion, the President can declare National Emergency. 44
th
Amendment
Act, In case of national emergency the distribution of power is suspended and constitution
functions as if it is a Unitary Constitution.
Article 3
The Parliament can change the name, area or boundary of a State without the consent of the State
concerned. Thus the States in India do not enjoy the right to territorial Inviolability.
7
th
Schedule of the Constitution (Distribution of Legislative Subjects)
The distribution is one sided and is heavily in the favour of centre. Union list contains the largest
number of subjects, which are also most important. Almost all the tax subjects are in the Union
list (except the Sales Tax).


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Article 249
Under this article the Rajya Sabha can pass a resolution supported by not less than 2/3
rd
of the
members present and voting that in the National interest it is necessary that the Parliament shall
legislate on the subjects under the State list. The Rajya Sabha can pass the resolution any number
of times but each time for a period of not more than 1 year.
Article 356 (Proclamation of President Rule in a State)
When the President Rule is in operation, the Parliament is authorized to legislate on one or more
subjects of State list for the States concerned. The law thus made under the President Rule will
continue to be in force.
Residuary Powers (Article 248)
Any subject that does not belong to the Concurrent and State lists, belongs to the Residuary list
and it belongs to Central Government.
Article 312 (Creation of an All India Service)
It provides for the creation of All India Services (who can function both as Central and State
Services). The All India Services officers are recruited, trained and appointed by the Centre but
they largely function under the State Government. It is they who largely control the
administration of State. The State government cannot take disciplinary action against officers,
except transfer. Any other action take removal from service or reduction in rank can only be
controlled by the Central Government.
Article 359 (Provisions as to Financial Emergency)
It provides for financial emergency by centre over the country. When the Financial Emergency
in force, the distribution of the financial resources between the Centre and State can be
suspended by Centre and all the financial resources can be used by Centre to meet the emergency
situation.
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Conclusion
Indian constitution is a constitution sui generis. The constitution, on one hand contains features
which are essentially required for a federal arrangement on the other hand there are features in
the constitution which are biased towards the strong centre. Thus Indian constitution can be
termed as Quasi federal in nature. However this should be kept in mind that these dual features
are deliberately incorporated in the constitution so as to provide an arrangement which is suitable
for the governance of a large population which is highly diverse.














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Bibliography

Books Referred
(1) Constitution Of India, Mahendra P. Singh, Eastern Book Company, Lucknow

(2) Constitution Of India, P.M Bakshi, Universal Law Publishing Co. , New Delhi


(3) Constitutional Law Of India, H.M Seervai, Universal Law Publishing Co. , New
Delhi

Statutes Referred -

1. The Constitution Of India, 1949

Dictionaries Referred -

(1) P. Ramanath Aiyar; Concise Law Dictionary; 3
rd
Edition Reprint, 2009, Lexis Nexis
Butterworth Wadhwa, Nagpur

(2) Whartons; Concise Law Dictionary, 15
th
Edition, 2009, Universal Law Publishing
Company, New Delhi












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Websites Referred -


(1) www.indlaw.com

(2) www.westlaw.com

(3) www.legalserviceindia.com

(4) www.manupatra.com

(5) www.lawherald.com














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