Topic 01 of 5 ยท Chapter 11 ยท Indian Polity
Federalism in India โ Overview & Features
Federal vs unitary features, K.C. Wheare’s “quasi-federal” view, Granville Austin’s “cooperative federalism,” and why India is “federal with unitary bias.”
๐ In This Article
1. What is Federalism?
Federalism is a system of government in which power is divided between a central authority and constituent political units (states/provinces). In a true federal system, both the Centre and States are supreme in their respective spheres.
๐ก Key Idea: India is neither purely federal nor purely unitary. It has features of both systems. The Constitution establishes a federal structure but with a strong unitary bias โ meaning the Centre is more powerful than the States in most situations. Article 1 calls India a “Union of States” โ not a federation.
2. Federal Features of Indian Constitution
- Written Constitution: Supreme law of the land โ both Centre and States must act within its framework
- Division of Powers: Three Lists โ Union List (100), State List (61), Concurrent List (52)
- Supremacy of Constitution: Any law inconsistent with Constitution is void
- Independent Judiciary: SC as guardian of Constitution and arbiter of federal disputes
- Bicameralism: Rajya Sabha represents States at national level
- Rigid Constitution: Some provisions require state ratification for amendment
3. Unitary Features of Indian Constitution
- Strong Centre: Union List has more subjects; Centre prevails in Concurrent List conflicts
- Single Citizenship: Only Indian citizenship โ no state citizenship
- Emergency Provisions: Centre can take over state administration during emergencies
- All-India Services: IAS, IPS, IFoS โ controlled by Centre, serve both Centre and States
- Appointment of Governor: Governor appointed by President โ Centre’s agent in State
- Integrated Judiciary: Single judicial system with SC at apex
- Residuary Powers with Centre: Unlike USA where residuary powers are with States
- Parliament’s Power over States: Can create new states, alter boundaries (Article 3)
4. Scholars’ Views on Indian Federalism
| Scholar | View |
|---|---|
| K.C. Wheare | “Quasi-federal” โ federal in form but unitary in spirit |
| Granville Austin | “Cooperative federalism” โ Centre and States cooperate rather than compete |
| D.D. Basu | “Neither purely federal nor purely unitary but a combination of both” |
| Ivor Jennings | “A federation with a strong centralising tendency” |
| Paul Appleby | “Extremely federal” |
โญ Exam Fact: The term “federation” does not appear anywhere in the Indian Constitution. Article 1 describes India as a “Union of States” โ which implies that the Union is indestructible and States cannot secede. India is an “indestructible union of destructible states.”
5. Key Points for Exam
๐ Must-Remember Facts
- K.C. Wheare: “Quasi-federal”
- Granville Austin: “Cooperative federalism”
- Article 1: India is a “Union of States” โ not a federation
- Union List: 100 subjects; State List: 61; Concurrent List: 52
- Residuary powers: With Centre (unlike USA where with States)
- Single citizenship: Only Indian citizenship
- Governor: Appointed by President โ Centre’s agent
- India: “Indestructible union of destructible states”
- S.R. Bommai (1994): Federalism is basic structure