Q. Though the federal principle is dominant in our Constitution and that principle is one of its basic features, but it is equally true that federalism under the Indian Constitution leans in favour of a strong Centre, a feature that militates against the concept of strong federalism. Discuss (200 words, 12.5 marks)

Answer: 

Approach:

Introduction

  • Begin by explaining the federal structure of the Indian Constitution and how it combines elements of federalism and unitarism.

Body

  • Discuss the various features of the Indian Constitution that lean towards a strong Centre.
  • Also, mention about cooperative federalism, provided by the Indian constitution.

Conclusion:

  • Conclude by summarizing the main points discussed in the body of your answer, acknowledging the federal nature of the Indian Constitution, while highlighting the features that lean towards a strong Centre.

Introduction:

The Indian Constitution is often described as ‘quasi-federal’ in nature because it combines elements of federalism and unitarism. Although it establishes a federal structure of government, it provides the central government with certain powers that strengthen its position relative to the states, reflecting a degree of unitarism.

Body:

Features of the Indian Constitution that lean towards a strong Centre.

  • Division of Powers:
    • Under the Indian Constitution, powers are distributed between the Centre and the States through three lists: Union List, State List, and Concurrent List (Article 246).
    • The Union List includes subjects of national importance (like defense, atomic energy, etc.), and the Centre has exclusive powers to make laws on these subjects.
    • The State List includes subjects of local or regional importance, and the States can make laws on these subjects.
    • The Concurrent List includes subjects where both the Centre and States can make laws.
    • However, in case of a conflict between Central and State law on a subject in the Concurrent List, the Central law prevails (Article 254).
  • Emergency Powers:
    • The Centre has been given extensive powers during an emergency (Article 352, 356, 360).
    • During a national emergency, the Centre can make laws on any subject listed in the State List.
    • During President’s rule in a state, the executive power shifts to the Centre, and the Parliament assumes the legislative powers of that state.
    • This provision has been criticized for its misuse, as seen in the imposition of President’s rule in states ruled by opposition parties.
  • All-India Services:
    • The Constitution provides for All-India Services like the IAS, IPS, etc. (Article 312).
    • The members of these services are recruited and trained by the Centre but serve in the States.
    • This creates a sense of uniformity and allows the Centre to maintain a degree of control over the state administration.
  • Role of the Governor:
    • The Governor, appointed by the President (i.e., the Central government), has certain discretionary powers, including the power to reserve certain bills for the President’s consideration.
    • Critics argue that the role of the Governor often leans in favor of the Centre, undermining the federal structure.
  • Financial Relations:
    • The Centre has greater control over financial resources compared to the States (Articles 268-293).
    • A large portion of the revenue sources fall under the Union List.
    • While the Constitution provides for grants and distribution of revenue between the Centre and States, the bargaining power is often tilted towards the Centre.
  • Parliament’s Power over State Territories:
    • The Parliament can alter the boundaries of States or create a new State without the concerned State’s consent (Article 3).

While these features lean towards a strong Centre, it is also true that the Indian Constitution provides for cooperative federalism, encouraging the Centre and States to work together for national progress.

  • The GST Council, an example of cooperative federalism, is a constitutional body that makes recommendations on GST rates, and includes representatives from the Centre and all States.

Conclusion:

The Constitution of India, while predominantly federal, does exhibit certain unitary features, primarily for the sake of maintaining national unity, integrity, and ensuring effective administrative and legislative functioning in a diverse and complex country like India. The challenge lies in balancing these dual requirements and preventing any misuse of the provisions that favor the Centre.

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UDAAN PRELIMS WALLAH
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