Federal System Notes
India follows a federal system with a strong central government. The
Constitution of India establishes a quasi-federal structure where power is
divided between the Centre and the States, but the Centre has more authority
in crucial matters.
Meaning of a Federal System
A federal system is a system of government where power is divided between
a central authority and regional units (states/provinces), with each level
having its own autonomy.
Features of a Federal System:
-
Dual Government – Separate governments at Centre and States.
-
Division of Powers – Defined by the Seventh Schedule (Union, State,
Concurrent Lists).
-
Written Constitution – The Constitution clearly outlines federal
principles.
-
Supremacy of the Constitution – Both Centre and States derive powers
from the Constitution.
-
Rigid Constitution – Requires special majority for amendments affecting
federalism.
-
Independent Judiciary – Supreme Court acts as guardian of the
Constitution.
Features of Indian Federalism
| Feature |
Details |
|
Dual Government
|
Government operates at two levels – Central & State.
|
|
Division of Powers
|
Defined under Seventh Schedule (Union, State, Concurrent Lists).
|
|
Supremacy of the Constitution
|
The Constitution is the highest law and binds both the Centre &
States.
|
|
Bicameral Legislature
|
Rajya Sabha represents States, Lok Sabha represents people.
|
|
Independent Judiciary
|
The Supreme Court ensures federal balance and resolves disputes.
|
|
Rigid Constitution
|
Federal provisions cannot be amended easily (requires state
ratification).
|
|
Single Citizenship
|
Unlike the USA, India provides only Indian citizenship.
|
Division of Powers (Seventh Schedule)
The Constitution divides legislative powers between the Centre and States
under three lists:
| List |
Subjects |
Example |
|
Union List (97 Subjects)
|
Only Parliament can legislate
|
Defence, Foreign Affairs, Railways, Banking, Atomic Energy
|
|
State List (66 Subjects)
|
Only State Legislatures can legislate
|
Police, Public Health, Agriculture, Prisons, Land, Liquor
|
|
Concurrent List (52 Subjects)
|
Both Parliament & States can legislate
|
Education, Forests, Marriage, Bankruptcy, Trade Unions
|
-
In case of conflict, the Union law prevails over the State law (Article
254).
-
Residuary Powers (Article 248) – Any subject not listed in the three
lists belongs to the Centre.
-
Example: Cyber laws were not mentioned in the Constitution, so
Parliament made the IT Act, 2000 using residuary powers.
Unitary Features of the Indian Federal System
Though India follows a federal structure, it has several unitary
(centralized) features, making it a quasi-federal system:
|
Unitary Feature
|
Explanation |
|
Strong Centre
|
The Union List has more subjects than the State List.
|
|
Single Constitution
|
Unlike the USA, States in India do not have separate constitutions.
|
|
Residuary Powers
|
Belong to the Centre (USA gives them to states).
|
|
Emergency Provisions
|
During an emergency, India becomes unitary (Articles 352, 356, 360).
|
|
Appointment of Governors
|
The President appoints the Governor, who can override the state
government.
|
|
Financial Dependence of States
|
States depend on the Centre for financial aid and taxes.
|
|
Parliament’s Authority Over State List
|
Under Article 249, Parliament can make laws on State List subjects
in the national interest.
|
|
All India Services (IAS, IPS, IFS)
|
These are controlled by the Centre but work in states.
|
Why Unitary Features?
- Ensures national unity and integrity.
- Prevents regionalism and secessionism.
-
Helps in economic planning and coordination.
-
Example: Article 356 (President’s Rule) allows the Centre to take over
state administration.
Is India Federal or Unitary? (Quasi-Federal Nature)
According to K.C. Wheare, India is “Quasi-Federal” – a federal system with
a strong unitary bias.
| Aspect |
Federal Feature
|
Unitary Feature |
|
Constitution
|
Written & Supreme
|
Single Constitution for all states |
|
Division of Powers
|
Union, State, Concurrent Lists
|
Centre controls residuary powers |
|
Legislature
|
Bicameral (Lok Sabha & Rajya Sabha)
|
Lok Sabha can override Rajya Sabha |
|
Executive
|
Dual (Centre & States)
|
Governor is appointed by the President |
|
Judiciary
|
Independent Supreme Court
|
No separate state constitutions |
|
Emergency Provisions
|
Centre cannot interfere in normal times
|
Centre can take full control during an emergency
|
Supreme Court’s View on Indian Federalism
| Case |
Judgment |
|
State of West Bengal vs. Union of India (1963)
|
India is not a traditional federal state like the USA.
|
|
Kesavananda Bharati Case (1973)
|
Kesavananda Bharati Case (1973) |
|
S.R. Bommai Case (1994)
|
Federalism is a fundamental feature, and misuse of Article 356
(President’s Rule) can be reviewed by the Supreme Court.
|
Cooperative Federalism vs. Competitive Federalism
| Type |
Meaning |
Examples |
|
Cooperative Federalism
|
Centre and States work together for national policies
|
GST Council, NITI Aayog |
|
Competitive Federalism
|
States compete for better policies, investment, and governance
|
States compete for better policies, investment, and governance
|
Key Takeaways for UPSC
-
India has a federal system with unitary features, making it
“quasi-federal”.
-
The Centre has more power than the states (Residuary powers, Emergency
provisions).
-
The Supreme Court upholds federalism but allows Centre’s control in
emergencies.
-
Cooperative and Competitive Federalism play a major role in governance.
Quick Revision Table
| Feature |
Federal Aspect
|
Unitary Aspect |
|
Constitution
|
Written & Supreme
|
Single Constitution for all |
|
Division of Powers
|
Centre & States have separate powers
|
Residuary powers with Centre |
|
Financial Control
|
States have independent sources of revenue
|
Centre controls major taxes |
|
Emergency Provisions
|
Federal structure remains
|
Becomes unitary during emergency |
|
Judiciary
|
Independent Supreme Court
|
No separate state constitutions |
