Federalism in India: Unitary and Cooperative Features

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Federalism in India: Unitary and Cooperative Features

India’s federal structure uniquely blends unitary and cooperative elements, balancing centralized authority with regional autonomy. This design ensures national unity while accommodating the country’s vast diversity.

MEANING AND DEFINITION

Federalism denotes a governance system where two levels of government operate within their jurisdictions, directly governing the people. The Indian Constitution establishes a federal structure with a strong centralizing tendency, often termed “quasi-federal” or “cooperative federalism.” Article 1 describes India as a “Union of States,” indicating an indestructible union with destructible states.

HISTORICAL EVOLUTION

The Government of India Act 1935 introduced a federal framework, dividing powers between the center and provinces. Post-independence, the framers of the Constitution adopted a federal structure with unitary features to maintain unity and integrity. Dr. B.R. Ambedkar emphasized that while India is a federation, it has a unitary bias to address emergencies and ensure national cohesion.

FEDERAL FEATURES OF THE INDIAN CONSTITUTION

Dual Polity: The Constitution establishes a dual polity, comprising the Union and the States, each endowed with sovereign powers in their respective domains.
Written Constitution: India’s Constitution is a single, written document that delineates the structure, powers, and functions of both the Union and State governments.
Division of Powers: The Seventh Schedule of the Constitution specifies the distribution of legislative powers between the Union and the States through three lists:
- Union List: Subjects of national importance, such as defense, foreign affairs, and atomic energy, fall under the exclusive legislative domain of the Parliament.
- State List: Matters of regional and local significance, including police, public health, and agriculture, are under the exclusive legislative jurisdiction of State legislatures.
- Concurrent List: Subjects like education, marriage, and bankruptcy are within the purview of both the Parliament and State legislatures. In case of a conflict between Union and State laws on a concurrent subject, the Union law prevails.
Supremacy of the Constitution: The Constitution is the supreme law of the land, and both Union and State governments must operate within its framework.
Independent Judiciary: An independent judiciary, headed by the Supreme Court, acts as the guardian of the Constitution and adjudicates disputes between the Union and the States.

UNITARY FEATURES OF THE INDIAN CONSTITUTION

Strong Centre: The Union government possesses more extensive powers compared to the States, particularly in matters of national importance.
Single Citizenship: Unlike other federal countries, India provides for single citizenship, reinforcing the concept of unity.
Flexibility of the Constitution: Certain provisions of the Constitution can be amended by the Parliament alone, without requiring the consent of the States, indicating a unitary tilt.
Emergency Provisions: During a national emergency, the Union government can assume greater control over the States, centralizing power.
Appointment of Governors: The President appoints Governors for each State, who act as representatives of the Union government, thereby ensuring central influence over State administration.

COOPERATIVE FEDERALISM IN INDIA

Cooperative federalism in India emphasizes collaboration between the Union and State governments to achieve common national goals. This approach fosters interdependence and mutual support, ensuring that policies and programs are effectively implemented across the country.

MECHANISMS PROMOTING COOPERATIVE FEDERALISM

Inter-State Council: Established under Article 263, the Inter-State Council facilitates coordination between the Union and State governments on matters of common interest.
Zonal Councils: These statutory bodies promote interstate cooperation and coordination, addressing regional issues and fostering balanced development.
Finance Commission: Constituted under Article 280, the Finance Commission recommends the distribution of financial resources between the Union and the States, ensuring fiscal federalism.
Goods and Services Tax (GST) Council: The GST Council is a federal body where both the Union and State governments participate to decide on GST rates, ensuring uniformity in indirect taxation across the country.

JUDICIAL INTERPRETATIONS UPHOLDING FEDERALISM

The judiciary has played a pivotal role in interpreting the federal structure of the Constitution, ensuring a balance between unitary and federal features.

S.R. Bommai v. Union of India (1994): This landmark case curtailed the arbitrary imposition of President’s Rule under Article 356, reinforcing the federal structure. The Supreme Court held that the power under Article 356 is an exceptional power and should be used sparingly.
State of West Bengal v. Union of India (1963): The Supreme Court held that the Indian Constitution is not truly federal. The case involved the Union government’s competence to acquire property belonging to the State of West Bengal. The Court ruled in favor of the Union, emphasizing the unitary bias of the Constitution.

EMERGENCY PROVISIONS AND THEIR IMPACT ON FEDERALISM

The Constitution’s emergency provisions (Articles 352, 356, and 360) allow the Union government to assume greater control during crises, impacting the federal balance.

Article 352: Proclamation of National Emergency can alter the federal structure by empowering the Parliament to legislate on State subjects.
Article 356: President’s Rule can be imposed if the constitutional machinery in a State fails, leading to the centralization of power.
Article 360: Financial Emergency can be declared if the financial stability of India or any part thereof is threatened, allowing the Union to direct States on financial matters.

CONCLUSION

India’s federal structure is a complex amalgamation of unitary and cooperative features, designed to maintain national unity while accommodating regional diversity. The Constitution provides a flexible framework that allows for both centralization and decentralization as needed, ensuring the country’s integrity.