Federal and Unitary Features of Indian Constitution

The Indian federal system, guided by the Indian Constitution, is a unique mix of federal and unitary features. This system borrows principles from the Canadian model, emphasizing centralization and empowering the central government over states. However, states retain autonomy in their designated spheres and engage in negotiations with the center, showcasing the federal spirit. Despite being centralized, the Indian federalism has evolved over time to accommodate regional aspirations and demands, making it an interesting and dynamic political framework.  In this article, you will learn about meaning and definition offederation, what is Federal government system in India, Unitary features and Federal features of the Constitution of India, all of which are very important topic for GS Paper-2 Polity & Governance of UPSC CSE Prelims and Mains Exam. To explore more interesting UPSC Polity concepts, check out other articles of IASToppers. 

Table of Content

• What is federation?
• Federal government system in India
• Federal features of the Constitution of India
• Unitary Features of the Constitution of India
• Assessment Of the Indian Federal System
• Conclusion
• FAQ on Federal System

What is federation?

• The concept of ‘federation’ originates from the Latin word ‘foedus’, signifying a ‘pact’ or ‘contract’.
• Thus, a federation is a fresh political entity established through a pact or contract between different components.
• These components within a federation are referred to by different names such as states (in the US), cantons (in Switzerland), provinces (in Canada), or republics (in Russia).
• There are two methods by which a federation can be established: through integration or disintegration.
  • When several militarily fragile or economically disadvantaged independent states join forces to create a larger, more robust union, it’s known as integration. This was the case with the United States.
  • Disintegration involves transforming a large unitary state into a federation by providing the provinces with autonomy to foster regional interests, as seen in Canada.
• The United States, founded in 1787 following the American Revolution (1775–83), is the oldest federation in the world.

Federal government system in India

• The Indian Constitution establishes a federal government system in India.  This was chosen by the constitution makers primarily due to India’s vast geographical size and socio-cultural diversity.
• The term ‘federation‘ is not mentioned in the Indian Constitution.
• Instead, India is referred to as a ‘Union of States’ in Article 1 of the Constitution.
• Dr. B.R. Ambedkar explained that the term ‘Union of States’ was chosen over ‘Federation of States‘ to signify two things:
  • Unlike the American federation, the Indian federation didn’t come into existence as a result of an agreement among states, and
  • The states do not have the right to separate from the federation. The Indian federation is a union because it cannot be broken.
• The Indian federal system was borrowed from the ‘Canadian model’, not the ‘American model’.
• The Indian federation mirrors the Canadian federation in three aspects:
  • Its formation (i.e., through disintegration),
  • Its use of the term ‘Union’ (the Canadian federation is also termed a ‘Union’), and
  • Its inclination towards centralisation (i.e., allocating more powers to the centre compared to the states).

Federal features of the Constitution of India

The Indian Constitution has several federal traits, which are detailed below:

Dual Polity

• The Constitution sets up a bifurcated system with the Union in the centre and the states at the edges.
• Each of these parts is given independent powers to be used in their respective domains as outlined in the Constitution.
• The Union government handles subjects of national relevance such as defence, foreign relations, currency, and communication.
• State governments manage topics of local and regional significance like public safety, farming, healthcare, and local governance.

Written Constitution

• The Constitution is documented and is the longest of its kind in the world.
• It outlines the structure, organisation, and functions of both the Central and state governments, and sets the boundaries for their operation, avoiding potential disputes.

Power Allocation

• Constitution distributes powers between the Centre and the states via the Union List, State List, and Concurrent List in the Seventh Schedule.
• Both the Centre and the states can legislate on the subjects of the concurrent list.
• However, if there’s a conflict, the Central law takes precedence. The remaining subjects (i.e., those not listed in any of the three lists) belong to the Centre.

Supremacy of the Constitution

• The Constitution is the highest law of the country.
• All laws passed by the Centre and the states should align with the Constitution’s provisions.
• If they don’t, they can be nullified by the Supreme Court or the high courts through judicial review.
• Therefore, the government’s branches (legislative, executive, and judicial) at all levels should operate within the boundaries set by the Constitution.

Inflexible Constitution

• The power division and the Constitution’s supremacy can only be preserved if the amendment process is inflexible.
• Therefore, the Constitution is inflexible to the point that the provisions related to the federal structure (i.e., Centre-state relations and judicial organisation) can only be changed by the combined action of the Central and state governments.
• Such provisions demand a special majority of the Parliament and the approval of half of the state legislatures for their amendment.

Autonomous Judicial System

• The Constitution puts in place an autonomous judicial system led by the Supreme Court, with two main objectives:
  • Firstly, to uphold the Constitution’s supremacy by exercising judicial review power.
  • Secondly, to resolve disputes between the Centre and the states or among the states themselves.
• The Constitution incorporates various provisions such as job security for judges and fixed service conditions to ensure the judiciary’s independence from the government.

Two-Chamber Legislature

• The Constitution establishes a two-chamber legislature, comprising an Upper House (Rajya Sabha) and a Lower House (Lok Sabha).
• The Rajya Sabha represents the states of the Indian Federation, while the Lok Sabha represents the entire Indian population.
• Even though the Rajya Sabha is a less influential chamber, it is necessary for maintaining the federal balance by safeguarding the states’ interests against excessive intervention by the Centre.

Unitary Features of the Constitution of India

Strong Centre

• The distribution of authority leans heavily towards the Central Government, marking an imbalance from a federal perspective. This is because:
  • Union List has more topics than the State List.
  • Union List comprises more critical subjects.
  • Central Government maintains supreme control over the Concurrent List.
  • Residual powers are also entrusted to the Centre, whereas in the US, such powers belong to the states. Hence, the Constitution has fortified the strength of the Centre.

States Not Indestructible

• Contrary to other federations, Indian states do not possess an inherent right to territorial integrity.
• The Parliament can single-handedly modify the area, boundaries, or even the name of any state. This action only requires a simple majority, not a special majority.
• As a result, the Indian Federation is often labelled as an “indestructible union of perishable states,” whereas the American Federation is known as an “indestructible union of imperishable states.“

Single Constitution

• Typically, federations allow states to draft their own separate Constitution from the Central Government. However, in India, this right does not extend to the states.
• The Indian Constitution encompasses both the Central and State Constitutions. Both levels of government are expected to function within this unified framework.
• The only deviation to this was Jammu and Kashmir, which previously maintained its own Constitution.

Flexibility of the Constitution

• The method for amending the Constitution is less stringent compared to other federations.
• The majority of the Constitution can be altered solely by the Parliament, either via simple or special majority.
• Moreover, the authority to propose a constitutional amendment is exclusively reserved for the Central Government.
  • In contrast, in the US, the states also possess this power.

No Equality of State Representation

• State representation in the Rajya Sabha is determined by population size, causing the number of members to range from 1 to 31.
  • Conversely, the US upholds the principle of equal state representation in the Upper House.
  • Consequently, the American Senate consists of 100 members, with two representatives from each state. This principle serves as a protection for smaller states.

Emergency Provisions

• The Constitution outlines three forms of emergencies – national, state, and financial.
• In times of emergency, the Central Government assumes absolute power, and states fall under its complete control.
• This shifts the federal structure to a unitary one without formally amending the Constitution, a transformation not seen in other federations

Single Citizenship

• Despite the existence of a bifurcated political structure, the Indian Constitution, similar to Canada’s, has implemented a single citizenship system.
• This means that there exists solely Indian Citizenship without any distinct state-based citizenship.
• Regardless of their birthplace or residence, every citizen is entitled to the same rights across the nation.
• In contrast, federated nations such as the USA, Switzerland, and Australia offer dual citizenship, incorporating both national and state citizenship.

Integrated Judiciary

• An Integrated judicial system is established by the Indian Constitution, placing the Supreme Court at the highest level, followed by the state high courts. This unified court system enforces both Central and state laws.
• Conversely, the US operates a bifurcated court system wherein federal laws are upheld by the federal judiciary, and state laws are enforced by the state judiciary.

All-India Services

• In the US, separate public services exist for the Federal and state governments. India mirrors this structure with separate services for the Centre and states.
• However, it also has pan-Indian services (IAS, IPS, and IFS) that serve both the Centre and states.
• Members of these services are selected and trained by the Centre, which also maintains ultimate authority over them.  Such services, therefore, breach the constitutional principle of federalism.

Integrated Audit Machinery

• The Comptroller and Auditor-General of India is responsible for auditing the accounts of both the Central government and the states.
• However, his appointment and removal are conducted by the president without state consultation, thereby limiting the financial independence of the states.
• Contrastingly, the American Comptroller-General does not interact with state accounts.

Parliament’s Authority Over State List

• States do not possess complete control, even within their limited jurisdiction.
• The Parliament has the authority to enact laws on any subject from the State List, provided the Rajya Sabha passes a resolution in the national interest.
• This implies that the Parliament’s legislative competency can be expanded without modifying the Constitution, even in the absence of an emergency.

Appointment of Governor

• The governor, who represents the state, is appointed by the President and serves at the President’s discretion.
• The governor also operates as a representative of the Centre, allowing the Centre to exert control over the states.
• Unlike India, the American Constitution allows for elected state heads. Here, India mirrors the Canadian model.

Integrated Election Machinery

• The Election Commission is responsible for organizing elections for both the Central and state legislatures.
• However, this commission is established by the President, and states do not have a voice in this process. The removal of its members follows a similar pattern.
• In contrast, the US has distinct mechanisms for conducting federal and state elections.

Veto Over State Bills

• The governor has the power to reserve specific types of bills passed by the state legislature for the President’s consideration.
• The President has the authority to withhold his approval from such bills initially and subsequently as well. Thus, the President possesses an absolute veto over state bills.
• In contrast, in the US and Australia, the states maintain autonomy within their domains, and there is no provision for such reservation.

Assessment Of the Indian Federal System

The Indian Constitution diverges from conventional federal systems such as the ones in the US, Switzerland, and Australia. It incorporates numerous unitary or non-federal aspects, tilting the power scales towards the Centre. This deviation has led constitutional experts to question the federal nature of the Indian Constitution. For instance:

• KC Wheare referred to the Constitution of India as “quasi-federal“, remarking that the Indian Union leans more towards being a unitary state with subsidiary federal traits than a federal state with subsidiary unitary characteristics.
• K Santhanam argued that two factors increase the Constitution’s unitary inclination (centralization tendency):  
  • The Centre’s financial dominance and the states’ reliance on Central grants.
  • The influence of a previously powerful planning commission controlling the states’ development process.

In contrast, other political scientists disagree with these characterizations:

• Paul Appleby categorizes the Indian system as “extremely federal”.
• Morris Jones coined it as a “bargaining federalism”.
• Ivor Jennings identified it as a “federation with a strong centralizing tendency”, observing that the Indian Constitution primarily promotes national unity and growth.
• Granville Austin describes Indian federalism as “cooperative federalism“. He elaborated that the Indian Constitution, although creating a robust Central government, has not weakened state governments or reduced them to mere administrative units for implementing Central government policies.

Dr. B.R. Ambedkar stated that it establishes a dual polity, creating both the Union and the states. He further noted that the Constitution can flexibly be unitary or federal based on time and circumstances. In response to criticisms of over-centralization, he clarified that states have an independent legislative or executive authority, and are not mere appendages of the Centre.

Bommai case (1994): The Supreme Court, declared federalism as a ‘basic feature’ of the Constitution, asserting that states have an independent constitutional existence and are not mere satellites or agents of the Centre.

The Indian federalism is a compromise between two conflicting considerations:

• Standard division of powers allowing states to enjoy autonomy within their spheres.
• The necessity for national integrity and a strong Union government under exceptional circumstances.

The Indian political system’s functioning shows its federal spirit through:

• Territorial disputes between states, such as Maharashtra and Karnataka over Belgaum.
• Conflicts over river water sharing, like between Karnataka and Tamil Nadu over Cauvery Water.
• The rise of regional parties and their gaining power in states like Andhra Pradesh, Tamil Nadu, and so on.
• Creation of new states to meet regional aspirations, such as Mizoram or Jharkhand.
• States’ demand for more financial grants from the Centre for developmental needs.
• The Supreme Court’s imposition of several procedural restrictions on the Centre’s use of Article 356 (President’s Rule in the States).

Conclusion

The Indian Constitution’s unique blend of federal and unitary features shows India’s multifaceted diversity, and complex socio-political fabric. While the Constitution tilts the balance of power towards the Centre in the interest of maintaining national unity and ensuring efficient response in times of crisis, it also safeguards states’ autonomy to cater to local needs and aspirations. Despite criticisms of centralization, the resilience of the Indian federation is evident in the growing assertion of states’ rights, the rise of regional parties, and the Supreme Court’s upholding of federalism as a ‘basic feature’ of the Constitution. The Indian federal structure, therefore, is a testament to the country’s commitment to reconciling unity with diversity.

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