Distinctive Features
The federal structure of India, as outlined in the Constitution, exhibits distinctive features that set it apart from other federal systems. Here are some distinctive features of Indian federalism:
1. Quasi-Federal System:
o India is often described as having a quasi-federal system. While it has a federal structure, there are unitary features that allow for a strong central government, especially during emergencies. The Constitution empowers the central government to override state governments in certain situations.
2. Single Citizenship:
o Unlike many federal systems, India has a single citizenship for the entire country. All citizens are citizens of India, and there is no provision for separate state citizenship. This helps in fostering a sense of national identity.
3. Integrated Judiciary:
o India has an integrated judiciary with a unified system of courts. The Supreme Court is the highest court for both the center and the states. The judiciary has the authority to interpret the Constitution, resolve disputes between the center and states, and safeguard the federal structure.
4. Unequal Representation in Rajya Sabha:
o The Rajya Sabha, the upper house of Parliament, provides for unequal representation of states. Members are not elected directly by the people but by the elected members of the State Legislative Assemblies, which means that the representation is not purely based on population.
5. Appointment of Governors:
o The Governor, who is the constitutional head of a state, is appointed by the President on the advice of the central government. This appointment mechanism can sometimes lead to political considerations affecting the federal balance.
6. Emergency Provisions:
o The Constitution provides for three types of emergencies – national emergency, state emergency (President's Rule), and financial emergency. During emergencies, the normal federal structure can be temporarily suspended, and the center gains significant powers.
7. Residuary Powers with the Center:
o Residuary powers, those not specifically allocated to the states or the center, rest with the center. This gives the central government authority over matters not explicitly mentioned in the Concurrent List or State List.
8. Flexible Constitution:
o The Indian Constitution is flexible in terms of amendments. The center has the power to amend federal provisions without the consent of the states. However, certain amendments affecting the federal structure may require the consent of a majority of states.
9. Inter-State Council:
o To promote inter-state cooperation and coordination, the Constitution provides for the establishment of an Inter-State Council. While the council does not have a binding role, it serves as a platform for discussions on matters of common interest.
10. Asymmetrical Federalism:
o India exhibits asymmetrical federalism in some aspects. Special provisions are made for certain states, such as Jammu and Kashmir (before its special status was abrogated), and some northeastern states, considering their unique circumstances.
11. Language-based Reorganization:
o The reorganization of states in 1956 was based on linguistic lines, reflecting cultural and linguistic diversity. This has contributed to the federal character by recognizing the importance of regional languages and identities.
While the Indian federal structure is distinctive, it has evolved over time, and the interpretation of federalism has been subject to judicial decisions and political developments. The federal features aim to balance the autonomy of states with the need for a strong central government to ensure national unity and integrity.
Distribution of Powers between Union and States
The distribution of powers between the Union (central government) and the States in India is laid down in the Seventh Schedule of the Constitution. The distribution includes legislative, financial, and administrative powers. Here's an overview:
Legislative Powers:
1. Union List (List I - Article 246):
o It contains subjects on which only the central government can legislate. Some examples include defense, foreign affairs, atomic energy, banking, and insurance.
2. State List (List II - Article 246):
o It contains subjects on which only the state governments can legislate. Examples include police, public health, agriculture, and land.
3. Concurrent List (List III - Article 246):
o It contains subjects on which both the central and state governments can legislate. If there is a conflict between a central law and a state law on a concurrent subject, the central law prevails. Examples include criminal law, marriage and divorce, bankruptcy and insolvency, and education.
Financial Powers:
1. Taxation Powers:
o The power to levy and collect taxes is distributed between the Union and the States. The Union List includes taxes like income tax, customs duties, and excise duties. The State List includes taxes like sales tax, agricultural income tax, and stamp duty.
2. Distribution of Revenues:
o The Constitution provides for the distribution of revenues between the Union and the States. Finance Commission is constituted to recommend the sharing of taxes between the center and the states.
Administrative Powers:
1. Residuary Powers:
o The residuary powers, i.e., powers not explicitly mentioned in any of the three lists, belong to the Union. The central government has the authority to legislate on matters not covered by the Union List or the Concurrent List.
2. Governors and the President:
o The President appoints the Governors of states. While the Governors are the constitutional heads of the states, they act as representatives of the President. The President can also assume control of the administration of a state in certain circumstances, known as President's Rule.
3. Emergency Provisions:
o During emergencies, especially a national emergency, the central government gains enhanced powers, and the normal distribution of powers may be altered. In the case of President's Rule, the central government assumes direct control over the administration of the state.
Concurrent Powers:
1. Coordination Mechanisms:
o There are coordination mechanisms to ensure smooth functioning in areas of concurrent powers. For example, the President can appoint an Inter-State Council to investigate and discuss subjects of common interest.
2. Inter-Governmental Relations:
o There are provisions for inter-governmental relations to address conflicts and ensure cooperation between the Union and the States. The Inter-State Council, Zonal Councils, and other mechanisms facilitate consultation and coordination.
Amendments:
1. Amendment Process:
o Amendments to the distribution of powers can be made through a constitutional amendment. However, certain amendments affecting the federal structure, representation of states in Parliament, or powers of the President under Article 1 and Article 3 require the consent of a majority of states.
The distribution of legislative, financial, and administrative powers is designed to establish a federal structure that balances the autonomy of states with the need for a strong central government to maintain national unity and integrity. The constitutional framework allows for flexibility to address changing needs and challenges over time.
