INDIAN

CONSTITUTION:WHETHE
R FEDERAL OR UNITARY
Federalism is a system of State government, in which several States
while remaining independent in home affairs, combined themselves for
national or general purposes, or common interests in respect of
matters like defence, customs etc. In such system all the administrative
powers are divided between the Central and the State governor by the
Constitution and bothare supreme in their respective
sphere(Prof.Garner). In a unitary Constitution (U.K), the powers of
Government are centralized in one Government ie. Centre.
The American Constitution is universally regarded as an example of
federal Construction. It established dual polity. A federal Constitution
usually has the following essential characteristics :
1. Distribution of powers
2. Supremacy of Written and rigid Constitution
3. Aurhority of courts.
The judiciary, in a federal polity, has the final power to interpret the
Constitution.

The Indian federalism was designed on the basis of the working of the
federalsim in U. S. A, Canada and Australia. Yet, it deviates from those
federalism in many respects and established it’s own distinctive
features. In the following matters, it is pointed out , the Indian
Constitution modify the strict application of the federal principle:
1. Legislative Rations: Under Article 249,Parliament is empowered to.
Make laws with respect to every matter enumerated in the State
List, if it is necessary in the national interest. In case of overlapping
between the matters of three lists ie. Union, State and Concurrent
List, predominance has been given to the Union under Article 246
2. Administrative /Executive Relations :All planning is at the Union level
(via Planning Commission), the States has to ne exercised as to ensure
compliance with the laws made by the Parliament
3.Fianancial relations: The State depend largely upon financial assistance
from the Union.
4.Parliament’s power to form new States and alter boundaries of
existing States : The very existence of the States depends upon the sweet
will of the Union.
5.Existence of Union Territories:These are directly governed by the
Central Government.
6.Appointment of Governors: The Governors of thr state are appointed
by The President and answerable to him. There are provisions in the
Constitution under which the Governor is required to send certain State
Laws for the assent of the President.
7. Inequality of representation in Rajya Sabha: The US senate accords
equal representation to all the state irrespective of their size, the Indian
Constitution accords representation to various States in the Rajya
Sabha on the basis of their population.
9.Emergency Provisions: Under Emergency, the normal distribution of
powers between the Centre and the State undergo a vital change and
the Centre becomes all powerful.

In the opinion of Prof Wheare, the Indian Constitution is almost a

‘quasi –federal’ a unitary state with subsidiady federal Features rather
than a federal states with subsidiary unitary features.
Jennings has characterized it as ‘a federation with a strong centralizinh
tendancy’.
Although Dr. Ambedkar thought that our Constitution is fedeal in as
much as it established a dual polity, he also said in the Constituent
Assembly, that our Constitution makers avoided the tight mould of
federalism .
However , the Indian federalism is unique because of it’s mode of
formation. Ie. From Union to States(creation of autonomous units and
then combining them into a federation) and not vice versa .
It is to be noted that the term ‘Union of States‘ and not ‘Federation of
States’ is used in the Constitution.
Supreme court‘s view on Federalism
• In State of W. B Vs YOU(AIR 1963 SC 1241) held that Indian
Constitution is not truely federal because the States are not
coordinate with the Union and are not Sovereign.
• In State of Rajasthan Vs UOI (AIR 1977 SC 1361),it charcarerized the
Constitution more unitary than federal. .
• State of Haryana vs State of Punjab (AIR 2002 SC 685)
The nature of federalism in the Indian Constitution is no longer ‘res
intergra* matters not yet decided. There can be no quarrel with the
proposition that the Indian model is boardly based on federal form of
governance with a tilt towards the Centre, under strict federalism, the
Lower House(the people) and the upper House (Union of federation)
have equal legislative and financial powers.
However in the Indian context , strict federalism was not adopted. The
Indian Union has been described as holding together of different areas
by the Constitution –framers, unlike the coming together of the
cobatituent units as in the case of the USA and the Confederation of
Canada