Key Features of Federalism in India
India's federal system, while inspired by models like the US, has unique characteristics shaped by its historical context and socio-political realities. Understanding these features is crucial for mastering UPSC Polity and Constitution.
Constitutional Division of Powers
The Constitution clearly demarcates the legislative, executive, and financial powers between the Union and the State governments. This division is primarily laid out in the Seventh Schedule, which contains three lists: the Union List, the State List, and the Concurrent List.
| List | Subject of Legislation | Number of Subjects (Original) | Number of Subjects (Present) |
|---|---|---|---|
| Union List | Subjects of national importance (e.g., Defence, Foreign Affairs, Railways, Currency) | 97 | 100 |
| State List | Subjects of regional importance (e.g., Public Order, Police, Agriculture, Public Health) | 66 | 61 |
| Concurrent List | Subjects where uniformity is desirable but not essential (e.g., Education, Marriage, Forests, Trade Unions) | 47 | 52 |
The Union Parliament has the power to legislate on subjects in the Union List. States have exclusive powers over subjects in the State List. For subjects in the Concurrent List, both Parliament and State legislatures can make laws, but in case of a conflict, the Union law prevails.
Supremacy of the Constitution
The Constitution is the supreme law of the land. All organs of government, whether at the Union or State level, derive their powers from it and must act in accordance with its provisions. This ensures that neither the Centre nor the States can arbitrarily alter the federal structure.
The Constitution is the bedrock of India's federalism, acting as the ultimate arbiter of power and preventing any single entity from dominating the other.
Written Constitution
India has a detailed and comprehensive written Constitution, which is essential for a federal system. It clearly defines the powers and functions of both the Union and State governments, leaving no room for ambiguity.
Rigidity of the Constitution
Certain provisions of the Constitution, particularly those related to the federal structure (like the division of powers, representation of states in Parliament, and the powers of the Supreme Court), can only be amended by a special majority of Parliament and ratification by at least half of the State legislatures. This rigidity protects the federal character of the polity.
The Seventh Schedule.
Bicameral Legislature
The Indian Parliament is bicameral, consisting of the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). The Rajya Sabha represents the States of the Indian Federation. Its members are elected by the elected members of the State Legislative Assemblies. This ensures that the States have a voice in the Union legislature.
Independent Judiciary
India has an independent judiciary, headed by the Supreme Court. The judiciary acts as the interpreter of the Constitution and the arbiter of disputes between the Union and the States, or between the States themselves. This independence is crucial for maintaining the balance of power in a federal system.
Dual Government
India has a dual government, with the Union government at the Centre and the State governments in the various states. Each is endowed with sovereign powers to be exercised within the sphere allotted to them by the Constitution.
Unique Features: Quasi-Federalism
While India has many features of a federal state, it also possesses features of a unitary state, leading to the description of India as 'quasi-federal' or 'federal in principle, but unitary in spirit'. This is evident in the strong Centre, appointment of Governors by the President, All-India Services, emergency provisions, and the Parliament's power to alter state boundaries.
The division of powers in India's federal system is represented by three lists in the Seventh Schedule. The Union List contains subjects of national importance where the Union government has exclusive legislative power. The State List includes subjects of regional importance where states have primary legislative authority. The Concurrent List covers subjects where both the Union and State governments can legislate, with Union law prevailing in case of conflict. This tripartite division forms the backbone of legislative power distribution.
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Quasi-federal.
Learning Resources
Provides a detailed overview of the features of federalism in India, including constitutional provisions and unique aspects.
Explains the concept of federalism in India, its constitutional basis, and the distribution of powers between the Union and States.
Official legal text detailing the relations between the Union and the States, including legislative, administrative, and financial aspects.
Direct access to the Seventh Schedule, which outlines the division of powers through the Union, State, and Concurrent Lists.
A comprehensive explanation of federalism in the Indian context, discussing its constitutional framework and evolution.
A video lecture explaining the key features and nuances of federalism in India, suitable for competitive exam preparation.
An educational video focusing on the federal structure of India, its constitutional provisions, and its implications for governance.
Provides a general understanding of federalism as a concept, with specific sections on its application in India.
An in-depth analysis of the relationship between the central government and state governments in India, covering legislative, administrative, and financial aspects.
A scholarly article critically examining the nature and functioning of federalism in India, offering deeper insights into its complexities.