Federal System

Introduction

• Political scientists classify governments as unitary or federal based on the relationship between national and regional governments.
• In a unitary government, all powers are vested in the national government.
• In a federal government, powers are divided between the national and regional governments by the Constitution.
• Examples:
  • Unitary: Britain, France, Japan, China
  • Federal: US, Switzerland, Australia, Canada
• In a federal model, the national government is known as the Federal, Central or Union government. The regional government is known as the state or provincial government.
• The term 'federation' comes from the Latin word 'foedus', meaning 'treaty' or 'agreement'.
• A federation is formed through a treaty between various units (states, cantons, provinces, republics).
• Federations can be formed by integration or disintegration.
  • Integration: Militarily weak states join to form a strong union (e.g., US).
  • Disintegration: A unitary state is converted into a federation by granting autonomy to provinces (e.g., Canada).
• The Constitution of India provides for a federal system. This was adopted due to the country's large size and socio-cultural diversity, ensuring efficient governance and reconciling national unity with regional autonomy.
• The term 'federation' is not used in the Constitution; instead, India is described as a 'Union of States'.
• According to Dr. B.R. Ambedkar, this indicates that the Indian federation is not an agreement between states, and states cannot secede.
• The Indian federal system is based on the 'Canadian model', which differs from the 'American model' by establishing a strong centre.
• Similarities to Canadian federation:
  • Formation by disintegration
  • Use of the term 'Union'
  • Centralising tendency

Comparing Features of Federal and Unitary Governments

Feature	Federal Government	Unitary Government
Government Structure	Dual government (national and regional)	Single government (national, may create regional governments)
Constitution	Written	May be written (France) or unwritten (Britain)
Division of Powers	Division of powers between national and regional governments	No division of powers; all powers vested in the national government
Constitution Supremacy	Supreme	May be supreme (Japan) or not (Britain)
Constitution Rigidity	Rigid	May be rigid (France) or flexible (Britain)
Judiciary	Independent	May or may not be independent
Legislature	Bicameral	May be bicameral (Britain) or unicameral (China)

Federal Features of the Constitution

1. Dual Polity:

   • The Constitution establishes a dual polity with the Union at the Centre and states at the periphery.
   • Each has sovereign powers in their assigned fields.
   • Union deals with national matters (defence, foreign affairs, currency, etc.).
   • States handle regional matters (public order, agriculture, health, etc.).

2. Written Constitution:

   • The Constitution is written and the lengthiest in the world.
   • It specifies the structure, powers, and functions of Central and state governments, preventing misunderstandings.

3. Division of Powers:

   • Powers are divided between the Centre and states through the Union List, State List, and Concurrent List in the Seventh Schedule.
   • The Union List has 98 subjects, the State List has 59, and the Concurrent List has 52.
   • Both can make laws on the Concurrent List, but Central law prevails in conflicts.
   • Residuary subjects are given to the Centre.

4. Supremacy of the Constitution:

   • The Constitution is the supreme law.
   • Laws must conform to it or be declared invalid by the Supreme Court or High Courts.
   • All government organs must operate within the Constitution's jurisdiction.

5. Rigid Constitution:

   • Amendment of provisions concerning the federal structure requires joint action by the Centre and states.
   • This requires a special majority in Parliament and approval by half of the state legislatures.

6. Independent Judiciary:

   • The Constitution establishes an independent judiciary headed by the Supreme Court.
   • It protects the Constitution's supremacy through judicial review and settles disputes between the Centre and states.
   • The Constitution ensures the independence of the judiciary.

7. Bicameralism:

   • The Constitution provides for a bicameral legislature with an Upper House (Rajya Sabha) and a Lower House (Lok Sabha).
   • The Rajya Sabha represents the states and maintains federal equilibrium.

Unitary Features of the Constitution

1. Strong Centre:

   • The division of powers favours the Centre.
   • The Union List has more and more important subjects.
   • The Centre has overriding authority over the Concurrent List.
   • Residuary powers are with the Centre.

2. States Not Indestructible:

   • The Parliament can change the area, boundaries, or name of any state by a simple majority.

3. Single Constitution:

   • States do not have the right to frame their own Constitution.

4. Flexibility of the Constitution:

   • Constitutional amendment is less rigid than in other federations.
   • The bulk of the Constitution can be amended by Parliament alone.

5. No Equality of State Representation:

   • The states are given representation in the Rajya Sabha based on population.

6. Emergency Provisions:

   • During an emergency, the Central government becomes all-powerful, converting the federal structure into a unitary one.

7. Single Citizenship:

   • There is only Indian Citizenship.

8. Integrated Judiciary:

   • The Indian Constitution has established an integrated judicial system with the Supreme Court at the top.
   • This single system of courts enforces both Central and state laws.

9. All-India Services:

   • There are all-India services (IAS, IPS, and IFoS) common to both the Centre and the states.

10. Integrated Audit Machinery:

    • The Comptroller and Auditor-General of India audits the accounts of both the Central government and the states.

11. Parliament's Authority Over State List:

    • The Parliament can legislate on any subject of the State List if the Rajya Sabha passes a resolution to that effect in the national interest.

12. Appointment of Governor:

    • The governor is appointed by the President and acts as an agent of the Centre.

13. Integrated Election Machinery:

    • The Election Commission conducts elections to both Central and state legislatures.

14. Veto Over State Bills:

    • The governor can reserve certain types of bills passed by the state legislature for the consideration of the President.
    • The President can withhold his assent to such bills.

Critical Evaluation of the Federal System

• The Constitution of India has deviated from traditional federal systems by incorporating unitary features, tilting the balance in favor of the Centre.
• KC Wheare described the Constitution of India as "quasi-federal".
• K Santhanam attributed the unitary bias to the dominance of the Centre in the financial sphere and the influence of the erstwhile Planning Commission.
• Morris Jones termed it a "bargaining federalism".
• Ivor Jennings described it as a "federation with a strong centralising tendency".
• Granville Austin called the Indian federalism as a "cooperative federalism".
• In the Bommai case (1994), the Supreme Court laid down that the Constitution is federal and characterised federalism as its 'basic feature'.
• The federalism in India represents a compromise between the division of powers under which states enjoy autonomy and the need for national integrity and a strong Union government.
• Trends in Indian politics reflecting its federal spirit include territorial disputes between states, disputes over river water, the emergence of regional parties, the creation of new states, demands for financial grants, and the Supreme Court's limitations on the use of Article 356.