1. Classification of Governments: Unitary vs. Federal Systems

  • Definition and Comparison
    • Unitary Government: Centralized authority; regional governments (if they exist) derive their power from the central government.
    • Federal Government: Power is constitutionally divided between national and regional governments, each operating independently within their jurisdictions.
  • Examples:
    • Unitary: Britain, France, Japan.
    • Federal: United States, Canada, Australia.
  • Formation of Federations:
    • Integration: Independent states unite (e.g., United States).
    • Disintegration: A large unitary state grants autonomy to regions (e.g., Canada).

2. Federal System in India

  • Reasons for Adopting Federalism:
    • India’s vast size and cultural diversity make federalism beneficial for governance and maintaining unity.
  • Unique Indian Federal Structure:
    • Union of States: India is described as a “Union of States” to signify its indestructible nature, where states cannot secede.
    • Canadian Model: Strong central government with regional units.

3. Federal Features of the Indian Constitution

  • Dual Polity:
    • Division between Union (Center) and State governments; Union handles national issues (e.g., defense), while states handle regional issues (e.g., agriculture).
  • Written Constitution:
    • A detailed, written document that clearly defines the structure, powers, and functions of both levels of government.
  • Division of Powers:
    • Three Lists: Union List (98 subjects), State List (59 subjects), and Concurrent List (52 subjects). Union law prevails in cases of conflict over Concurrent List subjects.
  • Supremacy of the Constitution:
    • Constitution is the highest law; any law that conflicts with it can be declared invalid by courts.
  • Rigid Constitution:
    • Certain amendments require joint action by the Union and state governments to protect the federal structure.
  • Independent Judiciary:
    • Ensures constitutional supremacy and resolves Union-State disputes through the Supreme Court.
  • Bicameral Legislature:
    • Rajya Sabha represents states, while Lok Sabha represents the entire population.

4. Unitary Features of the Indian Constitution

  • Strong Center:
    • Union List has more subjects than the State List; the Central government has ultimate authority over Concurrent List matters.
  • Indestructible States:
    • The Union can alter state boundaries without requiring state consent.
  • Single Constitution:
    • Unlike other federations, states do not have their own constitutions.
  • Flexible Constitution:
    • Central Parliament has the power to amend the constitution unilaterally for most provisions.
  • No Equal Representation for States:
    • Representation in Rajya Sabha is based on state population, unlike equal representation for each state in the U.S. Senate.
  • Emergency Provisions:
    • In emergencies, the Union assumes control over states, temporarily transforming the federal structure into a unitary system.
  • Single Citizenship:
    • Indian citizens have national citizenship without separate state citizenship.
  • Integrated Judiciary and Services:
    • A single judiciary and all-India services serve both Union and State levels, ensuring central oversight.
  • Control Over State Legislations:
    • The Union can legislate on State List subjects and has veto power over state bills.

5. Critical Evaluation of the Indian Federal System

  • Quasi-Federal Nature:
    • The Constitution combines federal and unitary features, creating a system where central dominance is balanced by state autonomy.
  • Scholarly Perspectives:
    • Scholars like K.C. Wheare label it “quasi-federal,” while others like Granville Austin describe it as “cooperative federalism.”
    • Supreme Court’s Stance: In the Bommai case, the Court affirmed federalism as a core principle, but emphasized the supremacy of the Union in exceptional circumstances.