Indian Federal System: Unity and Diversity in Governance (Articles 1-2, 245-255)

Introduction

The Indian federal system is a form of governance in which power is divided between a central authority and individual states or regions within the country. The Indian federal system was established to address the vast size and diverse cultural landscape of the country, aiming to balance national unity with regional autonomy. Despite being referred to as a “Union of States” rather than a “Federation,” India’s federal system is inspired by the Canadian model, featuring a strong central government with a tendency towards centralization.

Indian Federalism: Origins, Constitutional Nomenclature, and Unique Characteristics

• Two Ways of Formation: A federation may come into existence through either integration or disintegration.
• By a Integration: Militarily weak or economically backward states come together to form a big and a strong union Example: Formation of USA
  • Pioneering the Modern Federation: The USA is the first and oldest federation in the world. It was formed in 1787 following the American Revolution (1775–83). USA has 50 states now (originally 13 states)
• By a Disintegration: A large unitary state transitions into a federation by providing autonomy to its provinces to their its interests, Example:  Canada (formed in 1867), Canada has 10 provinces now, ( Originally  4)
• Indian Fedaration: Indian Federalism is not a result of agreements among states, unlike the USA. [UPSC 2018]
  • Constitutional Nomenclature: The Constitution of India provides for a federal system of government in the country; however, the term federation has nowhere been used in the Constitution.
  • The Indian federal system is based on the “Canadian model” and not on the “American model”. The Indian federation resembles the Canadian federation:
  • In its formation (i.e., by way of disintegration);
  • In its preference for the term Union and in its centralizing tendency
• The Supreme Court of India also describes it as a federal structure with a strong bias towards the Centre.
• The  federalism in India represents a compromise between the following two conflicting considerations:
  • Normal division of powers under which states enjoy autonomy within their own spheres; and
  • Need for national integrity and a strong Union government under exceptional circumstances.
• Reasons for Adoption: Large size of the country and its sociocultural diversity.
• Ideals: The federal system not only ensures the efficient governance of the country but also reconciles national unity with regional autonomy.
• Article 1: Describes India as a Union of States.
• According to Dr. B.R. Ambedkar, the phrase Union of States has been preferred to Federation of States to indicate two things:
  • The Indian Federation is not the result of an agreement among the states like the American Federation;
  • States have no right to secede from the federation. The federation is a union because it is indestructible.
• Unitary Model of government: Britain, France, Japan, China, Italy, Belgium, Norway, Spain etc
• Federal Model of government: US, Switzerland, Australia, Canada, Russia, Brazil, Argentina and so on.

Political Scientists and Description of Indian Federation

• Paul Appleby characterizes the Indian system as extremely federal.
• Morris Jones termed it as bargaining federalism.
• Ivor Jennings described it as a federation with a strong centralizing tendency. He observed that “the Indian Constitution is mainly federal with unique safeguards for enforcing national unity and growth”.
• Alexandrowicz stated that “India is a case sui generis (i.e., unique in character).
• Granville Austin called Indian federalism as a “cooperative federalism”. He also described the Indian federation as “a new kind of federation to meet India’s peculiar needs”.
• KC Wheare: India is regarded as a semi-federal state or a quasi-federal state.

Difference Between Federal and Unitary Feature of Indian Constitution

Unitary Features of the Constitution

Trends in the working of the Indian political system reflect its federal spirit

• Territorial disputes between states, 
  • Example: Between Maharashtra and Karnataka over Belgaum.
• Disputes between states over sharing of river water, 
  • Example: Between Karnataka and Tamil Nadu over Cauvery Water.
• The emergence of regional parties and their coming to power in states like Andhra Pradesh, Tamil Nadu, etc.
• The creation of new states to fulfill the regional aspirations, 
  • Example: Mizoram or Jharkhand; 
• Demand of the states for more financial grants from the Centre to meet their developmental needs; 
• Assertion of autonomy by the states and their resistance to the interference from the Centre; 
• Supreme Court’s imposition of several procedural limitations on the use of Article 356 (President’s Rule in the States) by the Centre.

Constitutional Government: Limits, Principles, and the Empowerment of Citizens

• Limitations and Principles: A constitutional government is one that is limited by the terms of the constitution of the country. [UPSC 2021]
• Framework for National Polity: A constitution can merely be a set of fixed norms or principles or a legal instrument accepted in the country as a framework for the polity of the country.
• Supremacy of the Constitution: The Constitution of a country is the supreme law of the land.
• Empowerment and Consent: It is empowered with the sovereign authority of the people (we the people) by the framers and the consent of the legislatures of the states,
• Role of the Constitution: It is the source of all government powers and also provides important limitations on the government that protect the fundamental rights of citizens. [UPSC 2023, 2014]
• Governing Principles: It is a collection of fundamental principles or established precedents according to which a state or other organization is acknowledged to be governed.
• Limited Government: Its major impact is the limit that it puts on the sovereign governments on how to rule and govern. Therefore a constitutional government is a limited government. [UPSC 2020]
• Fundamental Rights: In India the powers of the government are limited by means of the Fundamental Rights (Part III) of the Indian Constitution, which are essentially given to us against the state actions.

Conclusion

• While India operates under a federal system of government, the term “federation” is not explicitly mentioned in the Constitution. 
• Despite this, the Indian federal structure draws inspiration from models like Canada, with a strong central authority and significant autonomy granted to states. 
• This system aims to balance national unity with regional diversity, reflecting the socio-cultural complexity of the country.

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