Federalism 1

SCHOOL OF LAW

SUBJECT: (Course Code)

NAME OF THE TOPIC: “Federalism”

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 Federalism 2

INDEX

S.No Page
Title
. No.
1 • Table of cases 3

2 • Introduction 4

3 • Background 5

4 • Evolution Of Federalism Throughout the World 5-6

5 • Federalism: the world view 6-7

6 • Federalism in India 7-9

7 • Indian Constitution 9-11

8 • Different views of different thinkers 11-16

9 • Is India a federal country? 13-14

10 • Conclusion 15-16

11 • Bibliography 17
 Federalism 3

Table of cases

• S.R. Bommai v. Union of India, 1994

• Keshwa Nanda Bharti Case AIR SC, 1973
• Rai Sahib Ram Jawaya Kapur And Ors. vs The State Of Punjab on 12 April 1955
AIR 1955 SC 549, 1955 2 SCR 225.
 Federalism 4

Introduction
The basic nature of ‘Federalism’ is to divide. Divide the power among the two or more forms of the
government. Federalism requires more than one form of government to survive in a state. The
power division between the state government and the central government specifies the existence of
federalism in the specific country. India sure is a federal country but the specific word "federal" is
not mentioned even once in the Indian Constitution and still, India emerges as a federal nation. The
reasons and the related reasoning will be unfolded in the further paper.

The idea of making India a federal state was within the minds of the great thinkers who made our
constitution but they also had the extent of federalism in their minds to impose. This is the reason
that India being a federal or a Quasi-federal state is still a hot topic for debate.
There were several factors responsible for India's emergence as a federal nation after gaining
independence in 1947, like, political, cultural, and historical. The country that India was before the
EAST INDIA company arrived was different, and the changes it faced during and after the colonial
era were drastic.
 Federalism 5

Background

India was earlier ruled by several rulers and hence it emerged as a union of princely states. When
East India Company arrived, they saw a country full and enriched with resources and a culture that
was found nowhere in the entire world. They did not see India as a country of people instead they
saw it as an opportunity to gain permanent gains for their own country. They gradually took control
over all the princely states, some by wars and some through treaties. By applying their well-known
formula of the ‘Divide and Rule’ they established their rule over India. In the name of educating the
illiterate Indians, Britishers introduced new education policies and schools where ‘English’ was
taught as a subject, they established the courts and a new administrative system of government
which made the base of Indian governance.

After several years of struggle and British rule, there was a demand for ‘SAWARAJ’ i.e. ‘Self
Governance’ which led to many conflicts and Nationalist movements in the country. Nationalism in
India was at its peak, all the Indian leaders were united and the demand for Sawaraj was crucially
the need for the hour. As a result of the movement the Britishers introduced, “ The Government of
India Act, 1935’. This act basically introduced India to a federal structure of government. “It was
one of the lengthiest documents that the Indian constitution had. It consisted of 10 schedules along
with 321 sections. It led to the establishment of a federal system of the Indian Government. It
divided the powers between the centre and the states or provinces. Certain powers lie only with the
centre, while others lie only with the states. However, there were powers that lay with both the
centre and the states.”1
Evolution Of Federalism Throughout the World
The idea of federalism was initially a religious one and it was from this divine perception that the
up-to-the-minute political doctrine of federalism materialized.2 The policies of federalism were
initially presented to the world and were written in the Holy Bible. The first example was set by
Israel when they set up their union of constituencies that were politically grounded but had a sense
of unity that their religion provided. In India, Between 321 and 185 B.C. in Magadha, the Mauryans

1 https://www.legislation.gov.uk/ukpga/1935/2/pdfs/ukpga_19350002_en.pdf
2 Daniel J Elazar, Religious Diversity and Federalism, 53 ISSJ 2001.
 Federalism 6

for the first time assimilated a number of kingdoms and republics 3which might be the first sub-
continental state in Indian history India.4

The evolution of federalism in India starts from the Simon report which came in the month of May
in the year 1930. That report had the insights of bringing out federalism in India. Simon’s report can
be said as the sapling of federalism for the country. In the First Round Table conference of 1930.
The Head of the conference Mr. Ramsay Mac Donald, the Prime Minister of Great Britain speaking
at the final plenary session of that Second Round Table Conference said5 :

“There is still difference of opinion, for instance as to the composition and powers of the Federal
Legislature, and I regret that owing to the absence of a settlement of the key questions of how to
safeguard the Minorities under a responsible Central Government, the Conference has been unable
to discuss effectively the nature of the Federal Executive and its relationship with the Legislature”.

This led to the third round table conference and the British government issued, a ‘White paper’ in
March 1933. All this became the basis of The Government of India Act after two years in the year
1935 which introduced the concept of federalism and the division of power among the central
government and state government. This is how federalism Evolved in the world and came to India.
The modern aspect of it is very different from the things happening in the year 1935. There were
many stumbling blocks even after independence to impose federalism in a way that it would be
beneficial for the country.

Federalism: the world view As noted scholar Francesco Palermo puts it, “Federalism is at the
heart of one of the most pressing challenges in the history of mankind: how to order public life and
how to limit, organize, and regulate power in a way that guarantees freedom and efficiency, unity
and plurality, autonomy, and coordination.”6

3 Romila Thapar, A History of India 82 (Penguin: Harmondsworth, 1966)

4 2 Percival Spear, A History of India 40-52 (Penguin Books: Baltimore, Maryland, 1965),
5 3 Final Plenary Session, Second Round Table Conference, (145 1st December 1931).
6 Federalism Around the World. Page no. 3 (https://www.federalismindex.org/post/federalism-around-the-world)
 Federalism 7

The first known federal country in the world is always the USA as the government strictly works on
the principles of federalism. The power is equally divided among all the tiers of the government and
each of them works independently of one another. In the world view, there are around 27 countries
whose work is federal in nature. There are a few well-known examples: India, the US, Brazil,
Germany and Mexico. The federal government needs a very strong formation and a very strong
base to divide the powers among the different tiers of the government because the working of one
can not affect the working of the other. If this is not the case in India, then why is our country’s
name at the top of the list when we talk about the federal nations in the world? The answer will
unravel itself in the upcoming paper step by step.
“While only four nations adopted a federal system during the 19th century, the 20th century saw a
dramatic shift, with 22 nations adopting new or modifying existing federal constitutions. Today
nearly 2 billion people, or 40% of the global population, including more than 25 countries and 480
federated states or sub-national entities, participate in some form of federalism.”7

“The Federalist, the great American work of political theory devoted to explaining the idea of
federalism and the federal system introduced by the U.S. Constitution of 1787, describes the three
models as reflecting the three basic choices for regime building among humans since the beginning
of time, labeling them “force,” “accident,” and “reflection and choice.”8

Federalism in India

The division of powers between the centre and the state is a vital organ of federalism and this is
present in India but the other compulsion that federalism brings to the table is that there should be
no interference of power, the centre and state should work independently of each other which is also
present in India but there overlapping of some kind which rises the debate of India not being a
federal country.

7 https://www.federalismindex.org/post/federalism-around-the-world
8 https://federalism.org/wp-content/uploads/2016/01/Elazar-Federalism-An-Overview.pdf
 Federalism 8

“The first judgment concerning the principle of Separation of Power was given in the case Ram

Jawaya v State of Punjab9], where the Supreme Court laid down that “The principle of separation
of power was not fully accepted in India”.

The father of the Indian Constitution, Dr. B.R Ambedhkar, always referred to Article 356 of the
Indian Constitution as the “dead letter of the constitution”, because this article takes away several
powers of the state government which makes central government dominant. Article 356 of the
Indian Constitution, provides provisions for the central government when there is a failure of
constitutional machinery in the state. But it has been held in many cases that federalism is part of
the “Basic structure doctrine” which was introduced in the landmark judgment of Keshwa Nanda
Bharti.

It has been held in a landmark judgment that “Democracy and federalism are essential features of
our constitution and are part of its basic structure”.10 In another landmark judgment, Chief Justice
Beg, while interpreting Article 356, observed:

“Our difficulty is that the language of Article 356 is so wide and loose that to circumscribe and
confine it within a strait-jacket will not be just interpreting or construing it but will be Constitution-
making legislation which, again, does not, strictly speaking, lie in our domain.”

The article does make sense whenever there is an emergency and the constitutionality of a state
collapses but there is a high chance of abusing the power which this article provides to the central
government against the state government. This article totally neglects the nature and behavior of a
federal state but still, India is known to be a federal country because the constitution does balance
the powers of centre and state in several ways.

The division of powers between the centre and the state and the fact that India is a union of states
makes it federal in nature. The overlapping of the powers and the domination of the central
government over the state in some matters makes India a quasi-federal state.

9Rai Sahib Ram Jawaya Kapur And Ors. vs The State Of Punjab on 12 April, 1955, AIR 1955 SC 549, 1955 2 SCR 225
10S.R. Bommai v. Union of India, 1994
 Federalism 9

The Government of India Act 1919, divided the powers between different federations in the country
and even today the power is divided and subject matters are also divided with respect to power and
jurisdiction.

Due top the separation of powers there are three lists of subject matters where the power is divided
among the state and the centre:

Union List (Central Government)

It consists of subject matter that are related to national interest and have a great impact on the
economy of the country. For example, Foreign affairs, finance, banking, military, communications,
etc.

State List ( State Government)

This list consists of the subject matter which are related to the local problems and includes state-
level matters. For example of subjects in the State List include police, public health, agriculture,
land, and irrigation. The central government has no authority to legislate on subjects listed in the
State List.

Concurrent List (List III): The Concurrent List contains subjects on which both the central
government and state governments have the authority to legislate and make laws. If there is a
conflict between central and state laws on a concurrent subject, the central law prevails. This list is
meant to accommodate issues that require cooperation between the center and the states. Examples
of subjects in the Concurrent List include criminal law, marriage and divorce, bankruptcy and
insolvency, education, and forests.

The division of powers into these three lists is a fundamental feature of Indian federalism, outlining
which level of government has the legislative authority over various subjects. However, in case of a
conflict between central and state laws on concurrent subjects, the central law typically takes
precedence, which reflects a degree of central authority in the Indian federal system.
 Federalism 10

Indian Constitution

There is no doubt in the fact that The Indian Constitution is federal in nature. The unitary features
that exhibit together make it difficult to explain that Unitary features and federal features of our
country cohabit together. Still, there are enough factors that prove that the Indian Constitution is
federal in nature. Like:

• Division of Powers: The Constitution clearly delegates the powers of the central
government (Union) and the state governments. The Seventh Schedule of the Constitution
categorizes subjects into three lists: the Union List, the State List, and the Concurrent List.
The Union List includes matters on which only the central government can legislate, the State
List includes matters on which only state governments can legislate, and the Concurrent List
contains subjects on which both can legislate. This division of powers is a fundamental
feature of federalism.
• Bicameral Legislature: India has a bicameral legislature at both the central and state levels.
At the central level, there is the Rajya Sabha (Council of States) and the Lok Sabha (House of
the People), while at the state level, most states have a legislative council (Vidhan Parishad)
and a legislative assembly (Vidhan Sabha). This separation of powers at both levels
contributes to the federal character.
• Federal Judiciary: India has a dual system of courts - the Supreme Court at the central
level and High Courts at the state level. The Supreme Court has the authority to adjudicate
disputes between the central and state governments, ensuring the federal nature of the
judiciary.
• Residuary Powers: The Constitution assigns residuary powers to the central government.
These powers pertain to matters not explicitly mentioned in any of the three lists (Union,
State, Concurrent). This ensures that the central government retains a degree of supremacy in
legislative matters.
• Federal Distribution of Financial Powers: The Constitution outlines provisions for the
distribution of financial resources between the Union and the states. Taxation powers are
divided between the central government and state governments, and the Finance Commission
is responsible for determining the allocation of financial resources between them.
 Federalism 11

Despite these federal features, the Indian Constitution also exhibits unitary aspects:
• Integrated Judiciary: While there is a separate judiciary at both the central and state levels,
the Supreme Court has the authority to resolve disputes between states and the center, which
tilts the balance in favor of the center in certain situations.
• Single Citizenship: India follows the concept of single citizenship, where all citizens of
India have a common set of rights and obligations irrespective of the state they belong to. This
is in contrast to some federal systems where citizens have both state and federal citizenship.
• Emergency Provisions: During times of emergency, the Constitution grants the central
government significant powers, effectively allowing it to take over certain aspects of state
administration.
In summary, the Indian Constitution is federal in nature due to the clear division of powers, the
existence of separate governments at the central and state levels, and a federal judiciary. However, it
also incorporates unitary features to ensure the unity and integrity of the country, striking a delicate
balance between federalism and unitarinism. This unique blend is designed to foster cooperation
and harmonious relations between the central government and the states, making it a quasi-federal
system.

Different views of different thinkers

Federalism in India has been a subject of debate and discussion among various thinkers and scholars

over the years. Different thinkers have expressed varying views on how federalism operates in the
Indian context. Here are some perspectives from different thinkers on federalism in India:
• Dr. B.R. Ambedkar: As one of the key framers of the Indian Constitution, Ambedkar
emphasized the importance of a strong center. He believed that India's socio-economic
disparities required a powerful central government to ensure social justice and equal
distribution of resources. He favored a quasi-federal system where the center had the
authority to intervene in state matters when necessary.
 Federalism 12

• K.C. Wheare: K.C. Wheare, a renowned political scientist, referred to India as having a
"quasi-federal" system. He recognized that while India had federal features, such as the
division of powers, it also had unitary elements, particularly during emergencies.
• Granville Austin: Austin, an expert on the Indian Constitution, characterized Indian
federalism as "cooperative federalism." He argued that Indian federalism was unique
because it emphasized cooperation between the center and states rather than conflict.
• M.K. Gandhi: Mahatma Gandhi was a strong proponent of decentralized governance. He
believed in the idea of "Gram Swaraj" or village self-rule, where power should be devolved
to the grassroots level, making governance more federal and participatory.
• Pandit Jawaharlal Nehru: India's first Prime Minister, Nehru, believed in a strong central
government to promote economic and social development. He was pragmatic about using
centralized authority when necessary to maintain national unity and economic growth.
• P. Subbarayan: Subbarayan, an early Indian federalist, advocated for a more decentralized
federal structure. He believed that states should have greater autonomy in managing their
affairs, particularly in areas like education and healthcare.
• Morarji Desai: As a former Prime Minister of India, Morarji Desai was a strong advocate for
state autonomy and decentralization of power. He supported greater fiscal federalism and
devolution of resources to the states.
• Jayaprakash Narayan: JP, a prominent political leader and social reformer, emphasized the
importance of decentralization and grassroots democracy. He believed that true federalism in
India would require empowering local self-government institutions.
• Arun Jaitley: The late Arun Jaitley, a senior leader of the Bharatiya Janata Party (BJP),
argued for competitive federalism, where states would compete with each other to attract
investment and improve governance. He believed in devolving more financial powers to the
states.
• Pranab Mukherjee: The former President of India, Pranab Mukherjee, emphasized the need
for harmonious federal relations and cooperation between the center and states. He
highlighted the role of institutions like the Inter-State Council in fostering federal
cooperation.
 Federalism 13

These different perspectives reflect the complexity of Indian federalism and its ongoing evolution.
India's federal structure continues to adapt to the country's changing political, social, and economic
dynamics, and the views of thinkers and leaders play a significant role in shaping its course.

Is India a federal country?

India is often described as a "quasi-federal" or "cooperative federal" nation. Its federalism is unique
and distinct from traditional federal systems like that of the United States. Here's why India is often
characterized as quasi-federal:
• Division of Powers: India's Constitution clearly divides powers between the central
government (Union) and state governments, resembling a federal structure. The Seventh
Schedule of the Constitution lists subjects under the Union List (for the central government),
the State List (for state governments), and the Concurrent List (where both can legislate).
However, the central government can override state laws in some circumstances, which is a
unitary feature.
• Single Citizenship: India follows the concept of single citizenship, where all citizens are
citizens of India and not of individual states. This is in contrast to federal systems like the
United States, where citizens have both federal and state citizenship.
• Residuary Powers: The Constitution assigns residuary powers to the central government,
meaning it has authority over matters not explicitly mentioned in any of the three lists. This
gives the center a certain degree of supremacy in legislative matters.
• Integrated Judiciary: While there are separate High Courts for each state, the Supreme Court
of India has the authority to resolve disputes between states and the center, which can, at
times, favor central authority.
 Federalism 14

• Emergency Provisions: The Constitution provides for the declaration of emergencies,

which grant the central government significant powers, effectively allowing it to take over
certain aspects of state administration.
• Financial Dependency: States in India are financially dependent on the central government
for a significant portion of their revenue. This financial dependence can impact the
autonomy of states.
However, India is also described as "cooperative federal" because it emphasizes cooperation
between the central government and the states, especially through institutions like the National
Development Council and the Inter-State Council. These mechanisms promote dialogue and
collaboration between the center and states on various policy matters.
In summary, while India's federal structure is evident in its division of powers and the existence of
state governments, it also incorporates unitary and cooperative elements that make it a quasi-federal
system. The balance between federal and unitary features has evolved over time and continues to be
a subject of discussion and debate in Indian politics and constitutional law.
 Federalism 15

Conclusion

India is often described as a "quasi-federal" or "cooperative federal" nation due to its

unique blend of federal and unitary features. While it exhibits some clear federal
characteristics, such as the division of powers between the central government and state
governments, it also incorporates unitary and cooperative elements.

Federalism in the modern world is a system of governance that continues to be relevant and
widely practiced in various countries. It involves the division of political authority and
powers between a central (national) government and subnational entities, such as states,
provinces, regions, or cantons. Here are some key aspects of federalism in the modern
world:
• Decentralization of Power: Federalism allows for the decentralization of political
power. It enables subnational entities to have a degree of autonomy and authority to
make decisions on issues that affect their respective regions. This decentralization can
help address regional diversity and promote local governance.
• Protection of Minority Rights: Federal systems often include mechanisms to
protect the rights and interests of minority groups within the country. By allowing
 Federalism 16

subnational entities to have a say in governance, federalism can help prevent the
domination of a single group or region.
• Flexibility: Federal systems can be adaptable to the specific needs and circumstances
of a country. Different countries may have varying levels of decentralization and
autonomy for their subnational entities, depending on their historical, cultural, and
political contexts.
• Stability: Federalism can contribute to political stability by accommodating diverse
interests and allowing for peaceful coexistence of different regions or groups within a
country. It can help mitigate conflicts by providing mechanisms for negotiation and
cooperation.
• Sharing of Resources: In federal systems, the sharing of financial resources between
the central government and subnational entities is a crucial aspect. This can help
ensure equitable development and resource allocation across regions.
• Democratic Governance: Federal systems often promote democratic governance by
allowing citizens to participate in decision-making at both the national and
subnational levels. Citizens can have a voice in shaping policies that directly affect
their communities.
• Globalization: In the modern world, globalization has led to increased
interdependence between regions and nations. Federal systems can help countries
manage the challenges and opportunities presented by globalization by facilitating
cooperation and coordination between different levels of government.
• Challenges: While federalism offers many advantages, it also presents challenges.
Balancing the distribution of powers, managing conflicts between the central
government and subnational entities, and ensuring fiscal sustainability can be
complex tasks in federal systems.
• Examples: Federal systems exist in numerous countries, including the United States,
Canada, Germany, Australia, Switzerland, India, and Brazil, among others. Each of
these countries has its own unique federal structure and experiences with federalism.
 Federalism 17

• Evolution: Federal systems can evolve over time. Countries may undergo
constitutional amendments or changes in the distribution of powers to address new
challenges and realities.

In summary, federalism remains a relevant and adaptable system of governance in the

modern world. It offers a framework for accommodating diverse interests, protecting
minority rights, and promoting democratic governance, while also providing flexibility to
address the unique needs and challenges of each country.

BIBLIOGRAPHY

Federalism Around the World. Page no. 3 (https://www.federalismindex.org/post/federalism-

around-the-world)
https://www.legislation.gov.uk/ukpga/1935/2/pdfs/ukpga_19350002_en.pdf
https://federalism.org/wp-content/uploads/2016/01/Elazar-Federalism-An-Overview.pdf
Romila Thapar, A History of India 82 (Penguin: Harmondsworth, 1966)
 Federalism 18

2 Percival Spear, A History of India 40-52 (Penguin Books: Baltimore, Maryland, 1965)
https://www.legislation.gov.uk/ukpga/1935/2/pdfs/ukpga_19350002_en.pdf