akhil mahesh(734) - federalism in india

7/28/2019 Akhil Mahesh(734) - Federalism in India

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-Akhil Mahesh

Roll Number 734


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How is federalism ensured in

India? The Government of India (referred to as the UnionGovernment) was established by the Constitution ofIndia, and is the governing authority of a federal

union of 28 states and 7 union territories. The governance of India is based on a tiered system;

where in the Constitution of India appropriates thesubjects on which each tier of government has

executive powers. The Constitution uses the SeventhSchedule to delimit the subjects under threecategories, namely the Union list, the State list and theConcurrent list.


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Asymmetric federalism A distinguishing aspect of Indian federalism is that unlikemany other forms of federalism, it is asymmetric. Article370 makes special provisions for the state of Jammu andKashmir as per its Instrument of Accession. Article 371makes special provisions for the states of Andhra Pradesh,

Assam, Goa, Mizoram, Manipur, Nagaland, ArunachalPradesh, and Sikkim as per their accession or state-hooddeals.

Also one more aspect of Indian federalism is system

of President's Rule in which the central government(through its appointed Governor) takes control of state'sadministration for certain months when no party can forma government in the state or there is violent disturbance inthe state.


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Coalition politics Although the Constitution does not say so, India is now amulti-lingual federation. India has a multi-party system,

with political allegiances frequently based on linguistic,regional and caste identities, necessitating coalitionpolitics, especially at the Union level. Coalition politicshave created a balance in the legislatures.

The Indian political system, like federal experiments inmany other parts of the world, has passed through its

various phases of federal polity from its quasi-federal

character to a stage of co-operation and the competition inits centre-state relation and then to a stage of extremecentralization. Hence different opinion, have beenexpressed, by the political scientists with regard to thenature of the Indian federal system from time to time.


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In 1964 Morris-Jones described the centre-state relation in Indiaas a form of co-operative federalism. He however characterized itas bargaining federalism. The term bargaining federalism,Morris-Jones argued described the character of Indian federalismthroughout it referred to a pattern of centre-state relations in

which neither centre nor states can impose decisions on theothers in which hard comp elative bargaining takes place in suchinstitution as the Planning Commission, the FinanceCommission and the Zonal Councils. In these institutions

bargaining occurs between the centre and the states and among,the several states for the allocation of resources and patronageand for the solution of such divisive problems as the rights oflinguistic minorities in the linguistically recognized states.


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Federal structureAs regards the Federal structure of the Indian state,our constitution does not explicitly use the termfederation, instead Article I, declares that India that isBharat shall be a Union of States. However, this doesnot make India a unitary state. The original decision ofthe Indian federal system had all the basic features of afederal set up.


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Federal features: A federal system is characterized me by two sets ofgovernment with a clear cut division of powers. It must alsohave a written constitution and a Supreme Court toexamine the validity of the federal laws. Measured by these

yardsticks India though called a Union of States is inconstitutional, theory of federation. It has a writtenconstitution which is the supreme law of the land and

which is also the source of authority both for the nationaland sub-national Governments. Its provisions are binding

an all Governments-of the country. Secondly, in its Seventh Schedule the constitution lays

down in great detail in three lists like Union list, the statelist and the concurrent list, the distribution of powersbetween the Union and the states.


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Unitary features: Despite these essential features of a federal set up India is not aclassical federation. Nor did the constitution makers have anyintention of providing for a tight mould of federation. This isevident from the dominant position which the founding fathers

assigned to the centre in the original design of the Indian federalsystem. (The paramount position of the centre is underscored bythe constitutional division of powers. After distributing theLegislative Powers in three lists the residual subject that is thosenot covered by three lists are left with the union. By far moresignificant even in matters included in the concurrent list; the

Union Govt. has the final say. The same is true about the statelist Article 249 empowers the Parliament to make laws withrespect to any matter in the state list, if the Rajya Sabha declaresby a resolution that it is a necessary or expedient in the nationalinterest.


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Article 3 of the constitution authorizes the Indian Parliament tocreate new states to alter the boundaries of the existing states and

even to abolish a state by ordinary legislature procedure withoutrecourse to constitutional amendment. It is completelydestructive of the essence of a federal state which is supposed tobe composed of units with co-ordinate but limited powers. A pleahas been-made by the Karnataka government to modify this

article so as to make the consent of a State Legislature aprecondition for the introduction in Parliament of any Billaffecting that state.

The constitution envisages a sufficiently favourable position to thecentre in matter of finance also. For good reason the moreproductive sources of revenue such as the income and the do-operation taxes and the duties of customs and excise are assignedto the Union government. Residuary powers of taxation are also

vested in the Union government. A good many taxes are collectedby the centre and distributed on the recommendation of theFinance Commission among the states.


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Emergency provision: Under the emergency provision of the constitution thecentre can arrogate to itself all or any legislative andexecutive function of the states. The Presidents Rule

thus tends to shift the balance in favour of the centreand converts the federal system into a unitary one.


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Representation: Apart from the unequal representation of the states in the Rajya

Sabha a number of other provisions also reveal theconstitutional imbalance between the Union and the states. Theamending process of the Indian constitution, the single judicialsystem, the All India services, the single constitutional frame the

single and uniform citizenship, the single Election Commissionand provision for reservation of centre in State Bills forPresident's assent.

Article 256 places a state government under obligation toexercise its powers as to ensure compliance with laws made

Parliament and to that end the centre is empowered to issuesnecessary directives tout. In case of non-compliance by any stategovernment of central directive the centre can resort to theextreme step of taking over the administration of such a stateunder Article 356.


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With the coming of profound changes in the economic and technicalfields as also in the ideas of men about Government and institution,the environment of federalism has also radically changed. Both thecentre and the units-all over the world have been compelled bycircumstances to move out of their areas and the states have come toacquiesce in the pre-dominance of the centre. In view of this also tocling to the traditionalists approach emphasizes the need to redefinefederalism in the light of the universal trends and tendencies which areclearly discernible in the existing federation. He also pleads that ifunder a system of government both the central and state authoritydeclare their states and powers from the constitution and not from the

central law and can ordinarily enjoy substantial autonomy within theirrespective jurisdiction set by the constitution then there's no validground to deny federal character to that system of Government.Examined in the light of these criteria which are quite close to theliving realities, Indian constitution can be safely described asfederation.


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An analysis of the division of

powers between the centre andthe states


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Legislative Powers The power of the states and the Centre are defined bythe constitution and the legislative powers are dividedinto three lists.


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Union list The Union list consists of 100 items (previously 97 items) onwhich the parliament has exclusive power to legislate withincluding: defence, armed forces, arms and ammunition, atomicenergy, foreign affairs, war and peace, citizenship, extradition,railways, shipping and navigation, airways, posts and telegraphs,telephones, wireless and broadcasting, currency, foreign trade,inter-state trade and commerce, banking, insurance, control ofindustries, regulation and development of mines, mineral andoil resources, elections, audit of Government accounts,

constitution and organisation of the Supreme Court, HighCourts and union public service commission, income tax,custom duties and export duties, duties of excise, corporationtax, taxes on capital value of assets, estate duty, terminal taxes.


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Concurrent list The Concurrent list consists of 52 items (previously 47items). Uniformity is desirable but not essential onitems in this list: Marriage and divorce, transfer ofproperty other than agricultural land, education,contracts, bankruptcy and insolvency, trustees andtrusts, civil procedure, contempt of court, adulterationof foodstuffs, drugs and poisons, economic and social

planning, trade unions, labour welfare, electricity,newspapers, books and printing press, stamp duties.


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State list State list consists of 61 items (previously 66 items).Uniformity is desirable but not essential on items in thislist: maintaining law and order, police forces, healthcare,

transport, land policies, electricity in state, villageadministration, etc. The state legislature has exclusivepower to make laws on these subjects. But in certaincircumstances, the parliament can also make laws onsubjects mentioned in the State list.

Exceptions: States have exclusive powers to legislate withregards to items on the states list, articles 249, 250, 252, and253 state situations in which the federal government canlegislate on these items.


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Administrative powers The Union and states have independent executivestaffs fully controlled by respected governments andexecutive power of the states and the Union areextended on issues they are empowered to legislate.

akhil mahesh(734) - federalism in india

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