India that is 'Bharat', shall be a Union of States.” Explain. Do you think that the Indian Constitution is a Federal Constitution? Discuss with the help of decided cases.

Understanding Federalism and Unitary Systems

Federalism is a system of government where power is divided between a central authority and constituent political units (states or provinces). Key characteristics include a written constitution, division of powers, bicameral legislature (often), and an independent judiciary. A unitary system, conversely, concentrates power in a central government, which may delegate powers to local authorities but retains ultimate control. India’s structure sits somewhere in between these ideal types.

Features Supporting Federalism in the Indian Constitution

• Division of Powers: The Constitution clearly demarcates legislative, executive, and judicial powers between the Union (Central) government and the States through Schedules 7, 9, and 12. List I deals with Union subjects (defence, foreign affairs), List II with State subjects (public health, local government), and List III with Concurrent subjects (criminal law, marriage).
• Written Constitution: The Indian Constitution is a codified document outlining the structure of government and the distribution of powers, a hallmark of federal systems.
• Bicameral Legislature: The Rajya Sabha (Council of States) represents the states, ensuring their voice in the Union Parliament.
• Independent Judiciary: The Supreme Court acts as the interpreter of the Constitution and resolves disputes between the Union and the States, as well as between States.
• Constitutional Amendment Process: Amendments to the Constitution require ratification by a majority of the states, ensuring their participation in constitutional changes. Article 368 outlines this process.

Features Suggesting a Unitary Bias

Despite the federal features, the Indian Constitution also contains elements that suggest a stronger centralizing tendency:

• Centre’s Supremacy: Article 370, though now repealed for Jammu & Kashmir, historically granted special autonomy that demonstrated the potential for overriding state powers. The power to create and abolish states (Article 3) and to legislate on matters in the State List with the consent of the legislature (Article 372) further demonstrate this.
• Integrated Judiciary: While the Supreme Court is independent, the state High Courts are integrated into a unified judicial system, overseen by the central government.
• Appointment of Governors: The appointment of Governors to states by the President, acting on the advice of the Union government, can lead to perceived interference in state affairs.
• Emergency Provisions: During emergencies (national or state), the Union government can assume greater control over state functions, effectively overriding state autonomy.

Landmark Case Laws

Several cases have shaped the understanding of federalism in India:

• S.R. Bommai v. Union of India (1994): This case established the principle of judicial review of the President's proclamation of constitutional emergencies, limiting the Centre's power to interfere with state governments. The Supreme Court held that the imposition of President's Rule must be based on objective materials and not on political considerations.
• Krishna Kumar Singh v. State of Bihar (2001): The Supreme Court clarified the power of the Parliament to legislate on subjects in the State List with the consent of the State legislature, emphasizing that such legislation must be for the purpose of promoting unity and integrity of the nation.
• Ashok Kumar v. Union of India (2006): This case dealt with the power of the Union government to requisition State properties for national calamities, clarifying the scope of this power and emphasizing the need for coordination between the Centre and the States.
• Nabam Rebia v. Speaker, Arunachal Pradesh Legislative Assembly (2016): This case addressed the role of the Governor in Arunachal Pradesh, highlighting the importance of the Governor acting impartially and in accordance with the Constitution, reinforcing the principle of cooperative federalism.

Evolving Nature of Indian Federalism

Indian federalism has been dynamic, influenced by political considerations and judicial interpretations. The Goods and Services Tax (GST) Council, established in 2017, exemplifies cooperative federalism, where the Centre and States jointly legislate on a crucial economic matter. However, debates surrounding the distribution of resources and the Centre’s influence continue to shape the federal landscape.

Feature	Federal Aspect	Unitary Aspect
Division of Powers	Clearly defined lists in the Constitution	Centre’s power to legislate on State subjects with consent
Judiciary	Independent Supreme Court	Integrated High Court system
Constitutional Amendments	Ratification by states required	Centre can initiate amendments

In conclusion, the Indian Constitution represents a unique blend of federal and unitary features. While the division of powers, written constitution, and independent judiciary reflect a commitment to federal principles, the Centre’s overriding powers and the integrated nature of certain institutions lean towards a unitary bias. The evolving jurisprudence and initiatives like the GST Council demonstrate a continuous effort to strengthen cooperative federalism. Whether India can be definitively categorized as a "true" federal system remains a subject of debate, but its constitutional framework undeniably strives to balance national unity with regional autonomy.