Federalism

FED-er-ul-iz-um From Latin 'foedus' (covenant, treaty); denotes a political system based on agreement between constituent units

Definition

The constitutional arrangement that divides powers between the Union Government and State Governments, creating a dual polity with each level having autonomous spheres of authority as defined in the Constitution.

Detailed Explanation

Indian federalism is often described as 'quasi-federal' or 'federal with a unitary bias' due to its unique features. The Constitution establishes a dual polity with clear division of powers, yet provides mechanisms for central supremacy in certain situations.

Federal Features:

1. Written Constitution: Supremacy of a written Constitution that divides powers.

2. Division of Powers: Seventh Schedule contains three lists: - Union List (97 subjects): Defense, foreign affairs, banking, etc. - State List (66 subjects): Police, public health, agriculture, etc. - Concurrent List (47 subjects): Criminal law, education, forests, etc.

3. Dual Polity: Separate governments at Centre and States with defined jurisdictions.

4. Independent Judiciary: Supreme Court as arbiter of Centre-State disputes.

5. Bicameral Legislature: Rajya Sabha represents States in Parliament.

Unitary Features (Central Bias):

1. Single Constitution: One Constitution for entire nation (unlike USA).

2. Single Citizenship: No separate State citizenship.

3. Emergency Provisions: Centre can assume all powers during Emergency.

4. All-India Services: IAS, IPS officers serve both Centre and States.

5. Governor's Role: Appointed by President, represents Centre in States.

6. Parliament's Power over State Lists: In national interest (Article 249), during Emergency (Article 250).

7. Financial Dependence: States depend on Centre for grants and revenue sharing.

The Supreme Court has held federalism to be part of the basic structure, meaning the federal character cannot be destroyed through constitutional amendments.

Essential Elements

1 Division of powers in Seventh Schedule (Union, State, Concurrent Lists)
2 Dual polity with autonomous jurisdictions
3 Constitutional supremacy with written Constitution
4 Independent judiciary as arbiter of federal disputes
5 Part of basic structure - cannot be destroyed by amendment
6 Cooperative federalism emphasized in modern jurisprudence

Leading Cases

S.R. Bommai v. Union of India

1994

(1994) 3 SCC 1

Relevance: Declared federalism as basic structure; limited use of Article 356

State of West Bengal v. Union of India

1963

AIR 1963 SC 1241

Relevance: Held that Indian Constitution is not truly federal but quasi-federal

Kesavananda Bharati v. State of Kerala

1973

(1973) 4 SCC 225

Relevance: Federal character recognized as part of basic structure

State of Karnataka v. Union of India

1977

(1977) 4 SCC 608

Relevance: Discussed the scope of Centre-State relations in federal structure

Kuldip Nayar v. Union of India

2006

(2006) 7 SCC 1

Relevance: Upheld changes to Rajya Sabha elections; discussed federal principles

Usage Example

"The Supreme Court in Bommai held that federalism is part of the basic structure and the Centre cannot use Article 356 to destabilize democratically elected State governments."

Synonyms

federal structure quasi-federalism cooperative federalism dual polity

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