Federal System of India All You Need To Know
HIGHLIGHTS
CONTENTS
- Introduction
- Federal Government vs. Unitary Government
- Federal Features of our Constitution
- Unitary Features of our Constitution
- Cooperative Federalism
- Critical Analysis of Federal System
INTRODUCTION
- Governments are classified as Federal and Unitary based on the relations between Central Government and State Government.
- Definition:
- Unitary Government: All the Powers are vested in the Central Government, and if the State / Regional Governments at all exist, they derive their powers from the Central Government.
- Federal Government: Powers are divided between the Central & State Governments by the Constitution itself and both operate in their respective jurisdictions.
- Examples:
- Unitary Government: Britain, France, Spain, Italy, Japan, China, Belgium etc.
- Federal Government: India, US, Switzerland, Canada, Brazil, Russia, Australia etc
- Constitution of India provides for a Federal System of Government. Although the word Federation is nowhere mentioned in the Constitution.
- Article 1 says that India is a Union of States. But it is self explanatory.
- Why Federalism for India?
- Large size of the Country.
- Socio-cultural Diversity
- It ensures efficient governance of the country and reconciles national unity with regional autonomy.
- India is called a ‘Union of States’ and not a ‘Federation’ because it is not a result of agreement between the States (like US) and the States do not have the right to secede from this Union.
Federal System of India All You Need To Know
FEDERAL FEATURES OF OUR CONSTITUTION
- Dual Polity (India has Central + State Governments)
- Written Constitution – Lengthiest in the World. It specifies Structure, Organisation, Power & Functions of the Central & State Governments.
- Division of Powers between Central & State Governments through the Central List and State List in the 7th SCHEDULE of the Indian Constitution.
- Supremacy of the Constitution. Supreme Court is the Guardian of the Constitution and maintains it’s Supremacy through Judicial Review.
- Rigid Constitution (Amendment Procedures are Strict and Rigid).
- Independent Judiciary – Security of Tenure, Fixed Service Conditions (to maintain Supremacy of Constitution and Settle Disputes between Governments).
- Bicameral Legislature – Lok Sabha + Rajya Sabha (to maintain Federal Equilibrium)
UNITARY FEATURES OF THE INDIAN CONSTITUTION
- Strong Centre – Union List is bigger and has more important subjects than State List + Authority over Concurrent List & Residuary Powers.
- State are not Indestructible – No Territorial Integrity for State. Centre needs only Simple Majority to alter boundaries of States. India is an Indestructible Union of Destructible States.
- Single Constitution (Exception – J&K)
- Constitution is not fully Rigid – Many features can be amended with a Simple Majority, only Centre can initiate an Amendment of the Constitution.
- No Equality of State Representation in Rajya Sabha.
- Central Government has supreme powers during Emergency (National , State & Financial)
- Single citizenship (US, Switzerland & Australia have dual Citizenship) Integrated Judiciary – Supreme Court and High Courts & Other Courts below it.
- All India Services – Common to both Centre & States
- Integrated Audit Machinery – CAG audits both Centre & States but his appointment & removal done by the President without consulting the States.
- Parliament’s Authority over State List- If Rajya Sabha passes a resolution.
- Appointment of the Governor done by the President. He acts as an agent of the Centre through whom the Centre exercise control over the States.
- Integrated Election Machinery – Election Commission conducts elections for both Central & State Legislature. This body is constituted by the President and the States have no say in this matter.
- Veto over State Bills – The Governor is empowered to reserve certain Bills passed by the State Government for the consideration of the President. President can withhold his assent (President enjoys absolute veto over State Bills).
COOPERATIVE FEDERALISM
Cooperative federalism is a concept of federalism in which national, state, and local governments interact cooperatively and collectively to solve common problems, rather than making policies separately but more or less equally or clashing over a policy in a system dominated by the national government.
- 14th Finance Commission recommended the Centre to involve the States in a better way.
- Central Government of India took several steps towards Cooperative Federalism such as:
- Setting up of NITI Aayog
- More Devolution of Funds (42%) on recommendation of the 14th Finance Commission.
- Goods & Service Tax (GST)
CRITICAL ANALYSIS
- India had deviated from true Federalism by adopting various Unitary features.
- Many experts call it as a Quasi-Federal Constitution.
- Although NITI Aayog & GST are steps in the right direction but, to ensure that each State progresses Economically & Socially, various new initiatives are required.
- Inter-State Councils (Article 263) & Zonal Councils should meet regularly.
- There is a need to ensure that the Unitary Features of the Indian Constitution should not be abused. (Governors Powers, President withholding a State Bill, President’s Rule, Emergency Provisions etc).
- Some broad consensus needs to be reaches between Centre and States before introducing bills on concurrent subjects, as recommended by Punchhi Commission
- State bills reserved for President assent should be disposed off within 6 months by the centre.
- International Treaties should be finalised with greater involvement of States if their implementation impacts the States directly.
- More freedom required for States in matters of Technology transfers and tie-ups with Foreign Companies and Governments to ensure efficient practices and low cost technology transfers.
