Author: Amrendra Kumar Yadav, Faculty of Law, Campus, College of Commerce Arts and Science, Patliputra University, Patna
Governments across the world are broadly categorized as either unitary or federal, depending on how power is distributed between the central authority and regional entities. A unitary government centralizes all governing powers at the national level, whereas a federal government divides powers between national and regional governments, ensuring that both operate independently within their designated jurisdictions.
Characteristics of a Federal Government:
1. A clear division of powers between national and regional governments.
2. Supremacy of the Constitution
3. A written Constitution.
4. A rigid framework for constitutional amendments.
5. An independent judiciary to maintain constitutional supremacy.
Characteristics of a Unitary Government:
1. No formal division of powers; all authority is centralized.
2. The Constitution may or may not hold the highest authority.
3. It may be written or unwritten.
4. It may be rigid or flexible.
5. The judiciary may or may not function independently.
Is India a Federation?
Federations are generally formed in two ways:
1. By independent states voluntarily coming together to form a union (e.g., the United States).
2. By restructuring a large unitary state into a federal one by granting autonomy to regional units (e.g., Canada).
India follows the Canadian model, wherein powers are distributed between the Centre and the States. However, the Constitution of India does not explicitly use the term ‘federation.’ Instead, Article 1 defines India as a “Union of States.”
Dr. B.R. Ambedkar clarified that this term was chosen to indicate:
1. The Indian federation is not the outcome of an agreement among the states, unlike the American federation.
2. States do not have the right to secede from the Union.
The Indian Constitution integrates elements of both federalism and unitarism, making it unique.
Federal Features of the Indian Constitution:
1. Division of Powers
The Constitution distributes authority between the Centre and the States through the Union List, State List, and Concurrent List, ensuring clear demarcation of responsibilities.
2. Supremacy of the Constitution
The Constitution is the supreme legal document, and all governing bodies must function within its framework.
3. Written Constitution
India has a well-documented, written Constitution, which is also the most detailed in the world.
4. Rigid Constitutional Amendments
Provisions concerning the federal structure require a special majority in Parliament and the approval of at least half of the State legislatures for any amendments, making them difficult to alter.
5. Independent Judiciary
An independent judicial system, led by the Supreme Court of India, ensures:
1. Constitutional supremacy through judicial review.
2. Resolution of disputes between the Centre and the States.
Unitary Features of the Indian Constitution:
1. Appointment of the Governor
The Governor, the executive head of a State, is appointed by the President of India and serves at the President’s pleasure. This arrangement strengthens the Centre’s control over the States.
2. All India Services
While India has distinct public services at the central and state levels, All India Services (such as IAS, IPS, and IFS) serve both, but recruitment and control remain with the Centre, limiting states’ autonomy in administration.
3. Integrated Judiciary
India follows a single judicial structure, where the Supreme Court is the highest authority, and State High Courts operate under it, rather than maintaining separate federal and state-level judicial systems.
4. Single Citizenship
Unlike the U.S., where each state has its own citizenship, India grants only Indian citizenship, reinforcing national unity.
5. Single Constitution
Unlike federal countries where states have the power to draft their own constitutions, Indian states operate under a single national Constitution.
The Indian Constitution: Federal, Unitary, or Quasi-Federal?
From the above discussion, it is evident that India does not follow a strict federal model.
Key Judicial Interpretations:
1. S.R. Bommai vs. Union of India (1994): The Supreme Court ruled that the core of a federation lies in the division of powers between different levels of government. However, due to the presence of unitary provisions, India is best described as quasi-federal.
2. State of West Bengal vs. Union of India (1963): The Court emphasized that the Indian Constitution leans toward a quasi-federal structure, balancing federalism with a strong central authority.
Conclusion
The Indian Constitution blends both federal and unitary elements, adapting as per national requirements. While normal governance follows federal principles, the presence of unitary features such as emergency provisions, centralized administration, and overriding powers of the Centre ensures strong national integrity.
Thus, the Indian political system is neither purely federal nor purely unitary but quasi-federal, allowing for flexibility, stability, and strong central governance while preserving state autonomy.
FAQS
1. Is the Indian Constitution completely federal?
No, the Indian Constitution incorporates both federal and unitary characteristics, making it quasi-federal in nature.
2. What are the federal features of the Indian Constitution?
Key federal features include:
Division of powers between the Centre and States.
A written and rigid Constitution.
An independent judiciary to uphold constitutional values.
Bicameralism at the parliamentary level.
3. What are the unitary features of the Indian Constitution?
Notable unitary aspects include:
A powerful central government.
Single citizenship and a single Constitution.
Emergency provisions allowing the Centre to assume complete control.
All India Services that are centrally managed.
4. Why is India called a quasi-federal state?
India is quasi-federal because, while it has a division of powers like a federal system, the Centre holds dominant control, especially during emergencies.
5. How does the emergency provision impact federalism in India?
During a national emergency, the Centre can override state authority, transforming India into a unitary state, temporarily suspending federal principles.
6. In practice, is India more federal or unitary?
India leans towards centralized federalism, meaning that the Centre holds significant power while the States enjoy limited autonomy within their prescribed domains. The balance between federalism and unitarism depends on political and administrative circumstances.
