Federalism — India
"India is a 'Union of States.' Not a 'Federation of States.' The word matters."
1. Chapter Overview
India is a FEDERAL system — power is constitutionally divided between the UNION and the STATES. But it's a federation with a STRONG CENTRAL TILT (quasi-federal). This chapter covers: the division of powers (Union, State, Concurrent Lists), Centre-State relations (legislative, administrative, financial), the special provisions for certain states, and the ongoing tensions in Indian federalism.
2. What Makes India a Federation?
Federal Features (from the Constitution)
- Dual polity: Union government + State governments
- Written Constitution: division of powers is clearly specified
- Division of powers: Union List, State List, Concurrent List
- Supremacy of the Constitution: Both Centre and States derive authority from the Constitution
- Independent judiciary: Supreme Court resolves Centre-State disputes
- Bicameral legislature: Rajya Sabha represents States
Unitary Features (Why India is 'Quasi-Federal')
- 'Union of States' (Article 1) — NOT 'Federation of States'
- Strong Centre: RESIDUARY powers belong to the UNION (unlike USA — states)
- Single Constitution: States don't have their own constitutions (except J&K — earlier)
- Single Citizenship: Unlike USA (dual — federal + state)
- Integrated judiciary: One judicial hierarchy (unlike USA — separate federal and state courts)
- Parliament can alter state boundaries unilaterally (Art 3)
- President's Rule (Art 356): Centre can dismiss a state government
- All-India Services: IAS, IPS, IFS — officers serve both Centre and States
3. Division of Powers — The Three Lists
| List | Subjects | Who Legislates |
|---|---|---|
| Union List (97 subjects) | Defence, foreign affairs, currency, railways, atomic energy, war, banking, insurance, inter-state trade | PARLIAMENT ONLY |
| State List (66 subjects) | Police, public health, agriculture, local govt, public order, liquor | STATE LEGISLATURE ONLY |
| Concurrent List (47 subjects) | Education, forests, marriage, adoption, trade unions, electricity, wildlife protection | BOTH. BUT: Centre's law PREVAILS in conflict. |
Residuary Powers
- Subjects NOT mentioned in any list
- In INDIA: belong to the UNION (Parliament). In USA: belong to the States.
4. Centre-State Relations
Legislative Relations
- Parliament can legislate on STATE subjects in certain circumstances:
- When Rajya Sabha passes a resolution (2/3 majority) that a subject is of 'national interest'
- During a National Emergency
- To implement international treaties
- When two or more states REQUEST Parliament to legislate
Administrative Relations
- States must exercise executive power in compliance with Union laws
- The Union can give DIRECTIONS to states
- All-India Services (IAS, IPS) — recruited by Centre, serve in states
Financial Relations
- States are DEPENDENT on the Centre for funds
- Finance Commission (every 5 years, Art 280): recommends distribution of tax revenues between Centre and States
- GST Council (101st Amendment, 2016): Centre and States jointly decide indirect taxes
5. The Changing Face of Indian Federalism
The Era of One-Party Dominance (1950s–1960s)
- Congress ruled both Centre AND most States. Federal tensions were LOW (same party resolved issues internally).
The Era of Coalition Politics (1989 Onwards)
- Rise of REGIONAL PARTIES. Coalitions at Centre.
- States became MORE ASSERTIVE. The Centre HAD to negotiate.
- Federalism became MORE GENUINE — the constitutional arrangement came to LIFE.
The Post-2014 Era
- Return of single-party majority at Centre. New federal tensions:
- GST — cooperative federalism OR central overreach?
- Governor's role in opposition-ruled states
- Simultaneous elections debate
- Demand for greater financial autonomy
6. Special Provisions
Article 370 (Abrogated, August 2019)
- Previously gave SPECIAL AUTONOMY to Jammu & Kashmir (own constitution, flag, limited Union jurisdiction). Abrogated. J&K reorganised into two UTs: J&K, Ladakh.
Fifth and Sixth Schedules
- Fifth Schedule: Scheduled Areas — Tribal Advisory Councils, special protections for tribal land
- Sixth Schedule: Autonomous District Councils in NE India (Assam, Meghalaya, Mizoram, Tripura). Greater autonomy over land, forests, customary law.
Special Category States
- NE states, Uttarakhand, HP — receive higher central grants due to hilly terrain, infrastructure deficit, etc.
7. Exam Focus
- Federal features vs Unitary features — India as a 'quasi-federal' system
- Three Lists — subjects, who legislates
- Residuary powers belong to Union (India) vs States (USA)
- How federalism changed: one-party era → coalition era → present
- Finance Commission and GST Council (cooperative federalism)
- Special provisions — Fifth & Sixth Schedules
8. Conclusion
Indian federalism is DYNAMIC — not static:
- FEDERAL: Two levels of government, constitutionally divided powers, independent judicial arbitration
- BUT UNITARY TILT: Strong Centre, residuary powers with Union, President's Rule
- COALITION ERA transformed federalism: from paper to practice. States gained power.
- ONGOING TENSIONS: The federal balance is constantly negotiated — through the Finance Commission, GST Council, and political pressures.
A federation is not a finished product. It is a continuing conversation between the Centre and the States. India's conversation is lively, loud, and ongoing.
