-Akhil Mahesh Roll Number 734

How is federalism ensured in India?

The Government of India (referred to as the Union

Government) was established by the Constitution of India, 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 the subjects on which each tier of government has executive powers. The Constitution uses the Seventh Schedule to delimit the subjects under three categories, namely the Union list, the State list and the Concurrent list.

Asymmetric federalism
A distinguishing aspect of Indian federalism is that unlike

many other forms of federalism, it is asymmetric. Article 370 makes special provisions for the state of Jammu and Kashmir as per its Instrument of Accession. Article 371 makes special provisions for the states of Andhra Pradesh, Assam, Goa, Mizoram, Manipur, Nagaland, Arunachal Pradesh, and Sikkim as per their accession or state-hood deals. 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's administration for certain months when no party can form a government in the state or there is violent disturbance in the state.

Coalition politics
Although the Constitution does not say so, India is now a

multi-lingual federation. India has a multi-party system, with political allegiances frequently based on linguistic, regional and caste identities, necessitating coalition politics, especially at the Union level. Coalition politics have created a balance in the legislatures. The Indian political system, like federal experiments in many 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 in its centre-state relation and then to a stage of extreme centralization. Hence different opinion, have been expressed, by the political scientists with regard to the nature of the Indian federal system from time to time.

 In 1964 Morris-Jones described the centre-state relation in India

as a form of co-operative federalism. He however characterized it as bargaining federalism. The term bargaining federalism, Morris-Jones argued described the character of Indian federalism throughout it referred to a pattern of centre-state relations in which neither centre nor states can impose decisions on the others in which hard comp elative bargaining takes place in such institution as the Planning Commission, the Finance Commission 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 patronage and for the solution of such divisive problems as the rights of linguistic minorities in the linguistically recognized states.

Federal structure
As regards the Federal structure of the Indian state,

our constitution does not explicitly use the term federation, instead Article I, declares that India that is Bharat shall be a Union of States. However, this does not make India a unitary state. The original decision of the Indian federal system had all the basic features of a federal set up.

Federal features:
A federal system is characterized me by two sets of

government with a clear cut division of powers. It must also have a written constitution and a Supreme Court to examine the validity of the federal laws. Measured by these yardsticks India though called a Union of States is in constitutional, theory of federation. It has a written constitution which is the supreme law of the land and which is also the source of authority both for the national and 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 state list and the concurrent list, the distribution of powers between the Union and the states.

Unitary features:
Despite these essential features of a federal set up India is not a

classical federation. Nor did the constitution makers have any intention of providing for a tight mould of federation. This is evident from the dominant position which the founding fathers assigned to the centre in the original design of the Indian federal system. (The paramount position of the centre is underscored by the constitutional division of powers. After distributing the Legislative Powers in three lists the residual subject that is those not covered by three lists are left with the union. By far more significant even in matters included in the concurrent list; the Union Govt. has the final say. The same is true about the state list Article 249 empowers the Parliament to make laws with respect to any matter in the state list, if the Rajya Sabha declares by a resolution that it is a necessary or expedient in the national interest.

 Article 3 of the constitution authorizes the Indian Parliament to

create new states to alter the boundaries of the existing states and even to abolish a state by ordinary legislature procedure without recourse to constitutional amendment. It is completely destructive of the essence of a federal state which is supposed to be composed of units with co-ordinate but limited powers. A plea has been-made by the Karnataka government to modify this article so as to make the consent of a State Legislature a precondition for the introduction in Parliament of any Bill affecting that state. The constitution envisages a sufficiently favourable position to the centre in matter of finance also. For good reason the more productive sources of revenue such as the income and the dooperation taxes and the duties of customs and excise are assigned to the Union government. Residuary powers of taxation are also vested in the Union government. A good many taxes are collected by the centre and distributed on the recommendation of the Finance Commission among the states.

Emergency provision:
Under the emergency provision of the constitution the

centre can arrogate to itself all or any legislative and executive function of the states. The Presidents Rule thus tends to shift the balance in favour of the centre and converts the federal system into a unitary one.

 Apart from the unequal representation of the states in the Rajya

Representation:

Sabha a number of other provisions also reveal the constitutional imbalance between the Union and the states. The amending process of the Indian constitution, the single judicial system, the All India services, the single constitutional frame the single and uniform citizenship, the single Election Commission and provision for reservation of centre in State Bills for President's assent. Article 256 places a state government under obligation to exercise its powers as to ensure compliance with laws made Parliament and to that end the centre is empowered to issues necessary directives tout. In case of non-compliance by any state government of central directive the centre can resort to the extreme step of taking over the administration of such a state under Article 356.

 With the coming of profound changes in the economic and technical

fields as also in the ideas of men about Government and institution, the environment of federalism has also radically changed. Both the centre and the units-all over the world have been compelled by circumstances to move out of their areas and the states have come to acquiesce in the pre-dominance of the centre. In view of this also to cling to the traditionalists approach emphasizes the need to redefine federalism in the light of the universal trends and tendencies which are clearly discernible in the existing federation. He also pleads that if under a system of government both the central and state authority declare their states and powers from the constitution and not from the central law and can ordinarily enjoy substantial autonomy within their respective jurisdiction set by the constitution then there's no valid ground to deny federal character to that system of Government. Examined in the light of these criteria which are quite close to the living realities, Indian constitution can be safely described as federation.

An analysis of the division of powers between the centre and the states

Legislative Powers
The power of the states and the Centre are defined by

the constitution and the legislative powers are divided into three lists.

Union list
The Union list consists of 100 items (previously 97 items) on

which the parliament has exclusive power to legislate with including: defence, armed forces, arms and ammunition, atomic energy, 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 of industries, regulation and development of mines, mineral and oil resources, elections, audit of Government accounts, constitution and organisation of the Supreme Court, High Courts and union public service commission, income tax, custom duties and export duties, duties of excise, corporation tax, taxes on capital value of assets, estate duty, terminal taxes.

Concurrent list
The Concurrent list consists of 52 items (previously 47

items). Uniformity is desirable but not essential on items in this list: Marriage and divorce, transfer of property other than agricultural land, education, contracts, bankruptcy and insolvency, trustees and trusts, civil procedure, contempt of court, adulteration of foodstuffs, drugs and poisons, economic and social planning, trade unions, labour welfare, electricity, newspapers, books and printing press, stamp duties.

State list
State list consists of 61 items (previously 66 items).

Uniformity is desirable but not essential on items in this list: maintaining law and order, police forces, healthcare, transport, land policies, electricity in state, village administration, etc. The state legislature has exclusive power to make laws on these subjects. But in certain circumstances, the parliament can also make laws on subjects mentioned in the State list. Exceptions: States have exclusive powers to legislate with regards to items on the states list, articles 249, 250, 252, and 253 state situations in which the federal government can legislate on these items.

Administrative powers
The Union and states have independent executive

staffs fully controlled by respected governments and executive power of the states and the Union are extended on issues they are empowered to legislate.