Indian Federalism-An Analysis
Indian Federalism-An Analysis
Indian Federalism-An Analysis
AN ANALYSIS
DR.RADHA VARADA
OBJECTIVE
In a federation system, there are two seats of power that are autonomous in
their own spheres.
A federal system is different from a unitary system in that sovereignty is
constitutionally split between two territorial levels so that each level can act
independently of each other in some areas.
There are two kinds of federations:
1. Holding Together Federation – In this type, powers are shared between
various constituent parts to accommodate the diversity in the whole entity.
Here, powers are generally tilted towards the central authority. Example: India,
Spain, Belgium.
2. Coming Together Federation – In this type, independent states come together
to form a larger unit. Here, states enjoy more autonomy as compared to the
holding together kind of federation. Example: USA, Australia, Switzerland.
NATURE OF INDIAN FEDERALISM
In a unitary form, the Centre has the sole administrative and legislative
powers, whereas the states have very little autonomy
On the other hand, in a federal set-up, states which are formed on a
linguistic or regional basis, have various powers similar to that of the
central government.
India doesn't follow a rigid form of the federal system.
Truly unique in its nature, it is rather a blend of federal form and
unitary form of government.
However, it is important to note that even though the powers of the
states are sovereign in nature along with the union, they do not
coordinate with the Centre.
In other words, it follows what is known as quasi-federalism.
WHY FEDERAL SYSTEM
Dual Government
Written Constitution
Division of powers between the national and regional government
Supremacy of the Constitution
Rigid Constitution
Independent judiciary
Bicameral legislature
Constitutional Provisions regarding Centre-State Relations
The constitution contains elaborate provisions to regulate the various dimensions of the
relations between the Centre and the states
The relations between Centre and state are divided as:
A. Legislative relations:
Articles 245 to 255 in Part XI of the Constitution deal with the legislative relations between
the Centre and the State
B. Administrative relations :
The administrative jurisdiction of the Union and the State Governments extends to the
subjects in the Union list and State list respectively. Articles 257 to 267 deal with
administrative relation
C. Financial relations :
Indian Constitution has made elaborate provisions, relating to the distribution of the taxes as
well as non-tax revenues and the power of borrowing, supplemented by provisions for grants-in-
aid by the Union to the States.
Article 268 to 293 deals with the provisions of financial relations between Centre and State
Provisions of the Constitution that clash with the Federal
Nature
Unlike in other federations, the states in India have no right to territorial integrity.
Union has the power to make new states or alter the boundaries of existing states.
Union has the power to make laws on state matters and if both state and union
adjudicate on a certain matter, the latter will prevail.
During an emergency, the central government becomes all-powerful and the states
go into total control of the Centre.
The Governor is appointed by the President. Through him, the Centre exercises
control over the states.
The governor is empowered to reserve certain types of bills passed by the state
legislature for the consideration of the president. The president enjoys absolute veto
over state bills.
Judicial Character of Federalism in India
The Indian judiciary has heard a number of cases involving the issue
of the federal character of the Indian constitution.
The first significant case where this issue was discussed at length by
the apex Court was State of West Bengal V. Union of India. The
apex court held that the Constitution of India is not truly Federal in
character.
State of Karnataka v. Union of India - The Indian Constitution is not
federal in character but has been characterized as quasi-federal in
nature.
Kesavananda Bharati v. State of Kerala - federalism to be a part of
the basic structure of the constitution which means it can’t be
tampered with.
Revolving Issues on Federalism
There is a need to restructure the Planning Commission as it has now come to become
almost a Super-Cabinet or Super-Government exercising authority. Experts should be
appointed and plans should be made to improve the autonomy of the states.
The nation has been divided on a regional and linguistic basis, which is now posing a
threat to the federal system. Political parties are using it as a tool to gain votes.
The government should develop policies and make plans to ensure equal
distribution of resources for equal upliftment of all the states.
The Supreme Court is the highest court of appeal whose decisions are binding on
all. However, there have been many controversies and questions have been raised
regarding the quality of judges and their biased judgments. It is important to
strengthen the judicial system to restore the citizens' faith in the law.
One of the most vital necessities for positive reforms in education. Education opens
up people's minds and facilitates a positive outlook. It is important that educational
policies should be designed in such a manner so as to inculcate the importance of
national integrity, unity and responsibility among the people
Way Forward
We need to strike a balance between both unitary and federal features of the
country.
States should be autonomous in their own sphere but they can’t be wholly
independent to avoid a state of tyranny in the nation.
Long-term solution is to foster genuine fiscal federalism where states largely
raise their own revenue.
Creating a fiscal structure where the states have greater revenue-raising
authority, as well as greater decision making power on spending.
India needs to move away from centralization-decentralization thinking, and
embrace genuine fiscal federalism by permanently creating a fiscal power
Centre in the state.
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