Introduction
The Indian Constitution establishes a quasi-federal polity characterized by a strong centralizing tilt, often described as 'federation with a centralising tendency'. In S.R. Bommai v. Union of India (1994), the Supreme Court affirmed that federalism is an integral component of the Basic Structure of the Constitution.
Key Federal Features of the Indian Constitution
The Constitution incorporates several structural elements to preserve the autonomy of the States:
- Division of Powers (Article 246): The Seventh Schedule clearly demarcates legislative competence between the Union and the States through the Union List, State List, and Concurrent List.
- Independent Judicial Arbiter (Article 131): The Supreme Court possesses exclusive original jurisdiction to adjudicate disputes between the Centre and States or between two or more States, safeguarding the constitutional balance.
- Constitutional Rigidity (Article 368(2)): Amendments affecting federal arrangements—such as the representation of States in Parliament or the distribution of legislative powers—require ratification by at least half of the State legislatures.
- Bicameralism (Article 80): The Council of States (Rajya Sabha) functions as a federal chamber institutionalising the representation and voice of the States within the Union Parliament.
Two Overriding Unitary Features
Despite its federal character, the Constitution vests exceptional overriding authority in the Union to preserve unity and governance stability:
- President's Rule (Article 356): In the event of a failure of constitutional machinery in a State, the Union executive can dismiss the elected State government, and Parliament can assume the legislative authority of the State legislature.
- Parliamentary Legislative Supremacy (Articles 249 and 254): Under Article 249, Parliament is empowered to legislate on any subject enumerated in the State List if the Rajya Sabha declares it necessary in the national interest by a two-thirds majority. Furthermore, under Article 254, Union legislation prevails over conflicting State enactments regarding matters in the Concurrent List.
Conclusion
While overriding unitary features were incorporated to preserve national integrity during crises, their frequent exercise risks eroding federal trust. Strengthening institutional consultation mechanisms like the Inter-State Council, as recommended by the Sarkaria and Punchhi Commissions, is essential to sustain cooperative federalism.