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Laxmikanth Summary: The Indian Federal System

Overview

What is Federalism in India?

Federalism is a system of government in which powers have been divided between the
centre and its constituent parts such as states or provinces. 
It is an institutional mechanism to accommodate two sets of politics, one at the
centre or national level and second at the regional or provincial level.

What is 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.

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 Try yourself: In coming together kind of federation, states enjoy more autonomy as
compared to the holding together kind of federation.

a. True

b. False

View Solution

What is Holding Together Federation?

In this type, powers are shared between various constituent parts to

accommodate the whole entity's diversity. Here, powers are generally tilted
towards the central authority.
Example: India, Spain, Belgium.

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 Try yourself: In holding together federation, powers are generally tilted towards the
central authority.

a. True

b. False

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How can we define Federalism in India?

India is a federal system but with more tilt towards a unitary system of government.
It is sometimes considered a quasi-federal system as it has features of both a
federal and a unitary system. 
Article 1 of the Indian Constitution states, ‘India that is Bharat shall be a union of
states’. The word federation is not mentioned in the constitution.

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Try yourself: What is not mentioned in the Indian Constitution?

a. Provincial autonomy

b. Hindi

c. Secularism

d. Federation

View Solution

Elements of federalism were introduced into modern India by the Government of

India Act of 1919, which separated powers between the centre and the provincial
legislatures.

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The Constitution of India provides for a federal system of government in the
country. The framers adopted the federal system due to two main reasons: the large
size of the country and its socio-cultural diversity. They realised that the federal
system ensures the country's efficient governance and reconciles national unity
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with autonomy.
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 The Indian federal system is based on the 'Canadian model’ and not on the
"American model’. The "Canadian model'' differs fundamentally from the American
model’ in so far as it establishes a very strong centre.

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What are the Federal Features of the Indian Union?

Governments at two levels: Centre and States
Division of powers between the centre and states: There are three lists given in
the Seventh Schedule of the Constitution which gives the subjects each level has
jurisdiction in:(i) Union List
(ii) State List
(iii) Concurrent List
The supremacy of the constitution: The constitution's basic structure is
indestructible as
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 Independent judiciary: The constitution provides for an independent and
integrated judiciary. The lower and district courts are at the bottom levels, and
the high courts are at the state levels and at the topmost position is the Supreme
Court of India. All courts are subordinate to the Supreme Court.

*Multiple options can be correct

Try yourself: What are the three lists given in the Seventh Schedule of the
Constitution that divides the subjects of jurisdiction between the center and states?
(more than one options are correct)

a. Union List

b. State List

c. Concurrent List

d. Central list

Check
View Solution

What are
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The flexibility of the Indian constitution: The constitution is a blend of flexibility
and rigidity. Certain provisions of the constitution can be easily amended. In case
the amendments seek to change aspects of federalism in India, the provision to
bring about such amendments is not easy. 
More power vests with the Centre: The constitution guarantees more powers with
the Union List. On the Concurrent List, the parliament can make laws that can
override the state legislature's laws on some matters. The parliament can also make
laws regarding certain subjects in the State List. 
Unequal representation of states in the Rajya Sabha: The representation of the
states in the upper house is based on the states" populations. For example, Uttar
Pradesh has 31 seats and Goa, 1 in the Rajya Sabha. In an ideal federal system, all
the states should have equal representation.
The executive is a part of the legislature: In India, the executive in both the centre
and the states is a part of the legislature. This goes against the principle of division
of powers between the different organs of the government. 
Lok Sabha is more powerful than the Rajya Sabha: In our system, the Lok Sabha is
more powerful than the upper house, and unequal powers to two houses are against
the principle of federalism.
Emergency powers: The centre is provided with emergency powers. When an
emergency is imposed, the centre has increased control over states. This
undermines the autonomy of the states. 
Integrated judiciary: The judiciary in India is integrated. There is no separate
judiciary at the centre and the state levels. 
Single citizenship: In India, only single citizenship is available to citizens. They
cannot be citizens of the state as well. 
Governor’s appointment: The governor of a state acts as the centre's
representative in the
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 the centre does. 
New states formation: The parliament has the power to alter a state's territory by
increasing or reducing the area of the state. It can also change the name of a state. 
All India Services: Through the All India Services such as the IAS, IPS, etc. the
centre interferes in the executive powers of the states. 
Integrated election machinery: The Election Commission of India is responsible for
conducting free and fair elections at both the centre and India's state levels. 
Veto over states bills: The governor of a state can reserve certain bills for the
president's consideration. The president enjoys absolute veto on these bills. He can
even reject the bill at the second instance that is when the bill is sent after
reconsideration by the state legislature. 
Integrated audit machinery: The country's president appoints the CAG who audits
both the centre and the states' accounts.

Read Federal & Unitary Features of the Indian Constitution

(https://edurev.in/studytube/Federal-Unitary-Features-of-the-Indian-
Constitutio/6409938d-5d03-4fd9-90df-93cff9260b7e_t) to understand the difference in
details and to build your concept stronger on Federalism for your UPSC CSE.

What are the Issues and challenges faced by Indian federalism?

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1. What is Regionalism?

It is considered one of the significant challenges to federalism in India. 

Federalism best thrives as a democratic system when it mitigates power-sharing
centralization between the centre and the states. 
The voice for the demand of more states has become more prominent in recent
times, especially after the formation of Telangana in 2014. Recent demands like
four-fold division of Uttar Pradesh and the creation of Gorkhaland from West
Bengal are instances of aggressive regionalism that pose a threat to India's federal
structure.
The agitations for Gorkhaland, Bodoland, and Karbi Anglong have been revived. This
is apart from the new demands for a separate Vidarbha State in Maharashtra, Harit
Pradesh and Poorvanchal in Uttar Pradesh. 
For instance, West Bengal threatened India's Teesta river waters treaty with
Bangladesh because of its possible potential costs for West Bengal.
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 Try yourself: When was Telangana created?

a. 1956

b. 1948

c. 1967

d. 2014

View Solution

2. What is the Absence of Fiscal Federalism?

The Indian Constitution, while expressly vesting the Centre with greater powers of
taxation, also provides for an institutional mechanism the Finance Commission to
determine the share of the States in the Central tax revenues by way of correcting
this imbalance.
At present, about 40 per cent of Central revenues (tax and non-tax)are transferred
to the States, including the grants they get from the Planning Commission and the
Central Ministries.

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3. What is Centralized
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 The centre has the right to amend under Article 368. The Centre has the authority to
change any provision without consulting the states. Even state ratification is only
employed in a small number of cases whereas we see in a federal form of government,
both the state and the union have the ability to amend.

4. What is the Indestructible Union with Destructible Units 

Unlike successful federations, the India Constitution doesn't have the provision for
states' secession from India's Union. The Union has been made indestructible with a
view to protecting unity and integrity in a country like India.

5. Is the Office of the Governor a part of the Federal System?

The governor's office for each state in India has been a sensitive issue as it
sometimes poses a threat to the federal character of the Indian Union. Centre's
visible arbitrariness in misusing such constitutional office has been the subject of
acrimonious debates and divergent opinions in the country. 
The imposition of President's Rule in Arunachal Pradesh in January 2016, while
there was an elected government in the State, created a bizarre incident in India's
constitutional history. The Supreme Court on July 13 termed Governor's decision
unconstitutional and ordered restoration of Congress government in Arunachal
Pradesh.

6. The Citizenship and Federalism

The Indian Constitution, unlike the other federal constitutions of the world,
introduces single citizenship. It is based upon the idea of one nation one
citizenship'. All are citizens of India irrespective of whichever state he/she lives in.
The States don't confer any separate status as a citizen of the State.

7. Integrated Services
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 The integrated judiciary is a typical feature of Indian federation. Unlike typical
federations, in India Supreme Court is the apex court and all other courts are
subordinate to it. The States don't have separate independent courts dealing
specially with state matters. Also, the machinery for election, accounts, and audit in
India is integrated. 

8. Centralised Planning as a part of Federal India

Although economic and social planning is found in the Concurrent List of the
Seventh Schedule to the Constitution, the Union Government enjoys unbridled
authority over India's national and regional planning. Centralised planning, through
the Planning Commission, now NITI Aayog appointed by the Centre, considerable
preponderance in legislative power for the Union, the states' financial dependence
on the Centre’s mercy, and the administrative inferiority of the states make the
states meek and weak. 

9. Language Conflicts and Federal Constitution

Diversity in languages in India sometimes causes a blow to the federal spirit of the
Constitution. There are 22 languages constitutionally approved in India. 

Read the Federal System (https://edurev.in/studytube/Federal-System/0bc5bd1a-56f5-

4c72-9fb5-1dd2905ceaa6_t) to understand in depth about the Federal System in India
from the UPSC point of view. 

In this document, you have learnt

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