Federalism In India - Features Of Indian Federalism!

What is Federalism

Federalism is a system of government in which powers have been divided between the centre and its constituent parts such as states or provinces. It is an institutional mechanism to accommodate two sets of politics, one at the centre or national level and second at the regional or provincial level.

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Types Of Federalism 

There are broadly two types of federalism, that determine the nature of polity in a State.

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The types of federalism differ in their origin and how the power are divided between the Union vis a vis the states or constituent states. The types of federalism are as mentioned below:

There are two kinds of federations:

1. Holding Together Federation (Canadain Types of Federalism)– In this type, powers are shared between various constituent parts to accommodate the diversity in the whole entity.
   1. Sates here have no right to succeed from the union.
   2. Residuary powers lie with the centre
   3. Powers in general tilted towards the central authority.
   4. Example: India, Spain, Belgium.
2. Coming Together Federation( USA Type) – In this type, independent states come together to form a larger unit. Here, states enjoy more autonomy as compared to the holding together kind of federation
   1. The residuary powers with the states.
   2. The power of states are enroumus
   3. The states can succeed if the need arises.
   4. Example: USA, Australia, Switzerland.

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Indian Federalism

The features of Indian Federal Polity are as follows:

1. Dual government polity
2. Division of powers between various levels
3. Rigidity of constitution
4. Independence judiciary
5. Dual citizenship
6. Bicameralism

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Note:  As the name suggests 'Union Of States' and not the Federation of States, the Indian Constitution has adopted its own brand of federalism. The power is tilted towards the state, and it is not a result of agreement between the states, neither can the states succeed from the Union. The existence of provisions like - Emergency, Legislation of Parliament on state subjects and over all balance of power in favour of Union, has made some political thinkers name - Indian Federalism as 'Sui Generis'.

The Unitary Features Of Indian Federalism

• The flexibility of the constitution – the constitution is a blend of flexibility and rigidity. Certain provisions of the constitution can be easily amended. In case the amendments seek to change aspects of federalism in India, the provision to bring about such amendments is not easy.
• More power vests with the Centre – the constitution guarantees more powers with the Union List. On the Concurrent List subjects, the parliament can make laws that can override the laws made by a state legislature on some matters. The parliament can also make laws regarding certain subjects in the State List
• Unequal representation of states in the Rajya Sabha– the representation of the states in the upper house is based on the states’ populations. For example, Uttar Pradesh has 31 seats and Goa, 1 in the Rajya Sabha. In an ideal federal system, all the states should have equal representation
• Emergency Provisions:-The Constitution stipulates three types of emergencies—national, state and financial. During an emergency, the Central government becomes all powerful and the states go into the total control of the Centre. It converts the federal structure into a unitary one without a formal amendment of the Constitution. This kind of transformation is not found in any other federation.
• Single Citizenship:-In spite of a dual polity, the Constitution of India, like that of Canada, adopted the system of single citizenship. There is only Indian Citizenship and no separate state citizenship. All citizens irrespective of the state in which they are born or reside enjoy the same rights all over the country. The other federal states like US, Switzerland and Australia have dual citizenship, that is, national citizenship as well as state citizenship.
•  Integrated Judiciary:-The Indian Constitution has established an integrated judicial system with the Supreme Court at the top and the state high courts below it. This single system of courts enforces both the Central laws as well as the state laws. In US, on the other hand, there is a double system of courts whereby the federal laws are enforced by the federal judiciary and the state laws by the state judiciary.
• All-India Services:-In US, the Federal government and the state governments have their separate public services. In India also, the Centre and the states have their separate public services. But, in addition, there are all-India services (IAS, IPS, and IFS) which are common to both the Centre and the states. The members of these services are recruited and trained by the Centre which also possess ultimate control over them. Thus, these services violate the principle of federalism under the Constitution.
•  Appointment of Governor:-The governor, who is the head of the state, is appointed by the President. He holds office during the pleasure of the President. He also acts as an agent of the Centre. Through him, the Centre exercises control over the states. The American Constitution, on the contrary, provided for an elected head in the states. In this respect, India adopted the Canadian system.

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