India follows a federal system of governance, a combination of both federal and unitary features. The structure of Indian federalism is outlined in the Constitution of India, which defines the powers and responsibilities of both the central (Union) government and the state governments.
Key Features of Indian Federalism:
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Written Constitution: India has a written constitution, which clearly lays down the distribution of powers between the central and state governments. The Constitution is the supreme law of the land, and any conflict between the Union and State laws is resolved based on the provisions of the Constitution.
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Division of Powers: The division of powers between the central and state governments is detailed in the Union List, State List, and Concurrent List under Seventh Schedule of the Constitution.
- Union List: This list contains subjects on which only the Central Government can legislate (e.g., defense, foreign affairs, atomic energy, and national security). It consists of 97 subjects.
- State List: This list contains subjects on which only State Governments can legislate (e.g., police, public health, agriculture, and local government). It consists of 66 subjects.
- Concurrent List: This list contains subjects on which both the Central and State Governments can legislate (e.g., education, criminal law, marriage, and bankruptcy). There are 47 subjects in the Concurrent List. In case of a conflict between the laws of the Union and State, the Union law prevails.
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Supremacy of the Constitution: The Constitution is supreme, and any law that contradicts it is invalid. Both central and state governments are bound by the Constitution. The judiciary, particularly the Supreme Court, has the authority to resolve disputes between the Union and State governments regarding the distribution of powers.
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Bicameral Legislature: India has a bicameral parliament consisting of two houses:
- Lok Sabha (House of the People): Represents the people of India as a whole.
- Rajya Sabha (Council of States): Represents the states and Union territories. Each state is represented by members elected by the state legislative assemblies.
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Independent Judiciary: The judiciary is independent and acts as a guardian of the Constitution. The Supreme Court of India has the authority to adjudicate disputes between the central government and state governments. It also has the power of judicial review, which means it can review laws and determine whether they comply with the Constitution.
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Centralizing Features: Although India has a federal structure, the system is unitary in many respects. The central government holds significant power over the states, especially in times of national emergencies.
- Residuary Powers: The Constitution grants the central government the power to legislate on matters that are not mentioned in any of the three lists (Union, State, Concurrent). This is known as residuary powers (Article 248), giving the Union Government legislative authority over matters not explicitly mentioned in the Constitution.
- Emergency Provisions: During national or state emergencies (such as war or constitutional breakdown), the central government can assume sweeping powers over state matters. Article 356 allows the imposition of President’s Rule in a state, dissolving the state government and assuming direct control.
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Uniformity in Certain Laws: Some laws are made applicable to all states and Union territories, ensuring uniformity across the country. For example, laws related to elections, citizenship, and labor standards are uniform across India.
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Role of the Governor: The Governor is the representative of the President of India in each state and plays a crucial role in the functioning of the state government. The Governor is appointed by the President and acts as the central government’s link to the state governments. The Governor has certain discretionary powers, such as recommending President’s Rule under Article 356.
Evolution of Federalism in India:
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Post-Independence Period (1947–1950): Initially, after India gained independence in 1947, the federal system was highly centralized under the leadership of the Indian National Congress. The central government had substantial control over state affairs, and the distribution of powers was not always balanced.
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The First Amendment (1951): The First Amendment to the Constitution in 1951 was designed to address the issue of land reforms and to ensure uniformity in laws related to education, national integration, and security. It also allowed the Union government to impose restrictions on state autonomy in certain areas.
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The Emergency Period (1975–1977): During the Emergency imposed by Prime Minister Indira Gandhi in 1975, the central government exercised full control over the states, effectively suspending the federal nature of governance. The period marked the concentration of power in the hands of the central government.
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The 42nd Amendment (1976): The 42nd Amendment to the Constitution, passed during the Emergency, is often regarded as the most significant change to India’s federal system. It tilted the balance of power further toward the central government, emphasizing the unitary nature of the system. The amendment made the Union government more powerful by extending its control over various matters in the state list and empowering the central government to dissolve state assemblies more easily.
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The 44th Amendment (1978): After the end of the Emergency, the 44th Amendment was passed to restore some of the rights and autonomy of the states that were diminished under the 42nd Amendment.
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Recent Developments (Post-1990s): In the post-1990 era, India’s federalism has evolved with the growing importance of coalition politics and the rise of regional parties. This has led to greater political bargaining between the central government and state governments, especially in terms of governance and fiscal matters.
Key Challenges to Federalism in India:
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Centre-State Relations: There is often tension between the central and state governments over the division of powers. States argue that the central government interferes too much in their affairs, while the central government claims that certain matters require national uniformity.
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Regional Disparities: States with different levels of development sometimes feel neglected or marginalized, leading to demands for greater autonomy. This can fuel regionalism and separatism, as seen in the cases of Jammu and Kashmir, Punjab, and more recently, in northeastern states like Assam.
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President’s Rule and Centralization: The imposition of President’s Rule (Article 356) has been criticized for undermining the autonomy of states. States often view the central government’s decision to dissolve state governments as an infringement on their rights.
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Fiscal Federalism: The allocation of financial resources between the center and states is another area of concern. States often feel that they receive insufficient resources for development. The Finance Commission plays a key role in distributing resources, but the central government’s control over key revenue-generating sectors creates an imbalance.
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Political Influence: The rise of regional parties has complicated federal governance. These parties often demand more autonomy or a greater share of resources, leading to a complex political environment in which national and state-level policies are often at odds.
Indian federalism is unique in its balance of power between the central and state governments, with a clear emphasis on unity and integrity. While the Constitution envisions a federal structure, the presence of unitary features allows the central government to maintain control in times of crisis. The evolution of federalism in India continues to be influenced by political, social, and economic developments, requiring constant adjustments to maintain harmony and balance between the Union and the States.
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