Model Answer
0 min readIntroduction
India’s Constitution, adopted in 1950, establishes a federal system, recognizing dual sovereignty between the Union and the States. However, the Indian model is often described as ‘quasi-federal’ or ‘cooperative federalism’ due to its unique characteristics. While formally adhering to federal principles like a written constitution, division of powers, and an independent judiciary, the operational reality often reveals a strong centralizing tendency. This raises the question: does the functioning of Indian federalism, in practice, lean towards a unitary state? This answer will explore the interplay of federal and unitary features in India, analyzing how the latter often overshadows the former in practical governance.
Federal Features of the Indian Constitution
The Indian Constitution incorporates several features characteristic of a federal polity:
- Written Constitution: A comprehensive, written constitution delineates the powers of the Union and States.
- Division of Powers: The Seventh Schedule (Articles 245-254) divides powers between the Union (List I), States (List II), and Concurrent (List III).
- Supremacy of the Constitution: Both Union and State governments derive their powers from the Constitution.
- Independent Judiciary: The Supreme Court acts as the interpreter of the Constitution and resolves disputes between the Union and States.
- Rigidity of Constitution: Amendments require a special majority in Parliament and, in some cases, ratification by State legislatures.
- Bicameral Legislature: The Rajya Sabha represents the States, providing a voice in the Union legislature.
Unitary Features and Centralizing Tendencies
Despite the federal framework, several provisions and practices demonstrate a strong unitary bias:
Legislative Aspects
- Residuary Powers: Article 248 vests residuary powers with the Union, allowing it to legislate on matters not explicitly listed in the State List.
- Parliament’s Legislative Competence: Article 249 empowers Parliament to legislate on State List subjects in the national interest, even without the consent of the State legislatures.
- Amendment of State List: Article 368 allows Parliament to amend the State List with the consent of a majority of the State legislatures, but in practice, amendments impacting State powers have been passed without unanimous consent.
- Harmonization of Laws: Article 254(2) states that in case of conflict between Union and State laws on a Concurrent subject, the Union law prevails.
Administrative Aspects
- All India Services (AIS): The AIS (IAS, IPS, IFS) officers are recruited by the Union government and serve in the States, creating a link between the Centre and the States. Their control lies with the Union government, impacting State autonomy.
- Appointment of Governors: Article 155 states that the Governor is appointed by the President (effectively the Union government) and acts as the representative of the Union in the State. This can lead to political friction.
- Emergency Provisions: Articles 352 (National Emergency), 356 (President’s Rule), and 360 (Financial Emergency) allow the Union government to assume control over States, effectively suspending federalism. The frequent use of Article 356 in the past demonstrates this tendency. (e.g., imposition of President’s Rule in Jammu and Kashmir in 1990).
- Integrated Judiciary: While States have High Courts, the Supreme Court is the final court of appeal, and the judiciary is integrated under the Chief Justice of India.
Financial Aspects
- Taxation Powers: The Union government has exclusive power to levy certain taxes like income tax and corporation tax, giving it a significant financial advantage.
- Finance Commission: While the Finance Commission recommends the distribution of tax revenue between the Union and States, the Union government is not bound by its recommendations.
- Grants-in-Aid: States are heavily reliant on grants-in-aid from the Union government, making them financially dependent.
Recent Trends and Developments
Recent developments like the implementation of the Goods and Services Tax (GST) in 2017, while aiming for economic integration, have further centralized financial control. The abrogation of Article 370 in Jammu and Kashmir in 2019 and its subsequent reorganization into Union Territories also demonstrate a strong centralizing approach. The increasing reliance on centrally sponsored schemes further reinforces the Union’s influence over State policies.
| Feature | Federal Aspect | Unitary Aspect |
|---|---|---|
| Legislature | Division of Powers (Seventh Schedule) | Residuary Powers with Union (Article 248) |
| Administration | State Governments | All India Services, Governor’s Appointment |
| Finance | Finance Commission | Union’s Taxation Powers, Grants-in-Aid |
Conclusion
In conclusion, while the Indian Constitution establishes a federal structure, its practical functioning exhibits a significant unitary bias. The concentration of legislative, administrative, and financial powers in the hands of the Union government, coupled with the use of emergency provisions and the influence of centrally sponsored schemes, often overshadows the federal principles. However, it’s crucial to recognize that this isn’t a complete negation of federalism but rather a unique adaptation to India’s socio-political realities. A continued emphasis on cooperative federalism, strengthening State finances, and respecting State autonomy is essential for a truly balanced and effective federal system.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.