This Article is written by Disha Jain & this article discuss the Concept of Federalism In India.

1. Introduction
2. Types of Federalism in India
   • Unitary Federalism
   • Quasi-Federalism
   • Cooperative Federalism
   • Competitive Federalism
3. Evolution and recent development of Federalism in India
4. Challenges
5. Conclusion

INTRODUCTION

Indian federalism is a distinctive system of governance, blending features of both a federation and a union. Rooted in the postindependence era, it evolved from a unitary structure under British rule. The Constitution delineates the distribution of powers between the union and state governments, employing the Union List, State List, and Concurrent List to categorize legislative authority. This multilayered federation accommodates diversity and regional autonomy within a unified political entity.

In essence, federalism in India operates with a dual government system – a central authority overseeing national affairs and state governments managing local functions. The Indian Constitution, akin to the Canadian model, establishes two parliamentary levels: the Union government at the center and individual State governments. This unique blend of federalism reflects the country’s historical transition and ongoing efforts to balance centralized authority with regional autonomy, fostering a complex yet resilient system of governance.

TYPES OF FEDERALISM IN INDIA

Unitary Federaliasm

Unitary federalism refers to a system of governance where significant powers are concentrated at the national level, resulting in a strong central government that holds authority over subordinate regional or local entities.

Flexible yet Rigid Constitution:

Certain provisions can be easily amended but amendments affecting federalism face challenges requiring specific majorities making it rigid

Centralized Power:

Union List grants more power to the Centre &Parliament overrides state laws on Concurrent List subjects.

Unequal Representation in Rajya Sabha:

Representation based on population hence not equal but Ideal federalism calls for equal representation for all states.

Executive Legislature Integration:

Executive in both Centre and states part of the legislature that Challenges the principle of separation of powers.

Lok Sabha Dominance:

Lok Sabha holds more power than Rajya Sabha, this imbalance contradicts federalism principles.

Emergency Powers and President’s Rule:

Centre gains control during emergencies by imposing president’s rule (Article 356) which undermines state autonomy.

Single Citizenship:

Only one citizenship available, no dual citizenship as it is present in USA constitution .

Parliament’s Territory Alteration Powers:

Parliament can change state territory,names where as the states can not do hby their own.

Example Punjab disintegrated into Haryana and Punjab, eastern states alteration. The most recent is Andhra Pradesh into Telegana and Andhra Pradesh in 2014.

Integrated Election Machinery:

Election Commission oversees both Centre and state elections which is appointed member by the president.

Quasi Federalism

Quasi federal refers to a system of government where the distribution of powers between the Center and the state are not equal. India is a federation with a unitary bias and is referred as a quasi federal state because of strong central machinery.

Division of Powers:

Federalism emphasizes dividing powers between central and state governments.

Seventh schedule outlines legislative lists (Union defense, railways, currency, State public order, education and Concurrent criminal law, marriage.) for clear jurisdiction.

Supremacy of the Constitution:

Constitution is supreme for both the center and states in a federation. However,violations can be challenged in courts, ensuring constitutional dignity.

A Written Constitution:

A federal constitution is typically written to maintain clarity and enforceability. The Indian Constitution, with 395 Articles and 12 Schedules and 22 parts, fulfills this requirement.

Rigid Constitution:

Rigidity ensures stability; Indian Constitution requires a complex amendment process. Amendments on federalstate relations need a 2/3 majority in Parliament and ratification by half the states.

Independent Judiciary:

An impartial judiciary is vital for federation; it guards the constitution. Supreme Court in India can declare laws unconstitutional; judges have security from executive interference and salary control.

Bicameral Legislature:

Bicameral system crucial for federalism, providing equal representation. Indian Constitution incorporates Lok Sabha (elected representatives) and Rajya Sabha (representatives from State Legislative Assemblies).

Cooperative federalism

It refers to a stable partnership between the central government and the state governments that allows them to work together on issues of shared interest. Statutory bodies established to promote CenterState cooperation and coordination include as follows:

• Planning commsion now replaced by niti aayog in 2014
• InterState Council (ISC) established under Article 263 of the Constitution.
• Finance Commission appointed under Article 280 of the Constitution
• Zonal Councils set up by the States Reorganization Act, 1956.
• GST Council formed under Article 279A of the Constitution.
• National Development Council (NDC)

Competitive Federaliasm

Competitive federalism in India involves a dynamic interaction between states and the central government, fostering healthy competition. States actively vie for funds and investments to enhance administrative efficiency, infrastructure, and economic growth. This rivalry encourages innovation and progressive policies, leading to improved services and an enhanced quality of life for citizens. Ultimately, competitive federalism acts as a catalyst for national progress by unlocking the potential of individual states through strategic resource utilization and healthy competition.

Some of the indices launched by NITI Aayog are :

School Education Quality Index, State Health Index, Composite Water Management Index, Sustainable Development Goals Index, India Innovation Index and Export Competitiveness Index. NITI Aayog also releases delta rankings for the performance of Aspirational Districts every month.

EVOLUTION OF INDIAN FEDERALISM

The evolution of Indian federalism reflects a journey from a unitary system to a cooperative and competitive federal structure, shaped by constitutional amendments, historical events, and economic reforms.

1. PreIndependence Period: British colonial rule characterized by a unitary structure had limited autonomy for princely states, with the British controlling major policies.
2. PostIndependence Constitution (1950): Adoption of a federal structure in the Constitution through division of powers between the Union and states outlined in the Seventh Schedule.
3. Formation of Linguistic States (1956): Redrawing of state boundaries based on linguistic criteria as mentioned earlier i.e. in north Punjab divided into Haryana,Punjab and himachal, uttar Pradesh divided into up and Uttaranchal,in the west Bombay presidency into Bombay and Gujarat, in the east assam into Nagaland.mizoram,arunanchal Pradesh etc. in the south princely states of madras , mysore converted into kerala ,Karnataka and tamilnadu. It promotes cultural and linguistic diversity within the federal framework.
4. Emergency and Centralization (1975-1977):Imposition of Emergency centralizes power in the hands of the Prime Minister & Constitutional amendments strengthen the central government.
5. Economic Reforms (1991):Economic liberalization under Prime Minister Narasimha Rao. States gain more autonomy in economic policies and attract foreign investments. Liberlization, privatization and globalization was implemented.
6. Goods and Services Tax (GST) Implementation (2017): Historic tax reform for a unified indirect tax structure. Represents cooperative federalism with states and center jointly deciding tax rates.
7. Abrogation of Article 370 (2019): Revocation of special status for Jammu and Kashmir. Altered the center-state relations in the region significantly.
8. National Education Policy (2020): Emphasizes state-level autonomy in education which reflects a contemporary shift towards decentralization and flexibility.

CHALLENGES TO INDIAN FEDERALISM

1. Financial Imbalance: it creates disparities in revenue-generating capacities among states. Also there is dependence on the central government for financial resources.
2. Interstate Water Disputes: there is ongoing disputes over sharing river waters among states which highlights the need for effective dispute resolution mechanisms.Eg. Ravi and Beas river dispute in the northern states of Punjab Haryana and Rajasthan. In the southern states, Krishna water dispute Mahanadi water dispute , vandsara water dispute are often seen.
3. Unequal Representation in Rajya Sabha: Unequal representation based on state population this challenges the principle of equal representation in a federal system.
4. Emergency Powers: Central government’s authority during emergencies raises concerns about state autonomy and potential misuse of power. India has witnessed national emergency thrice and state emergency many times.
5. Goods and Services Tax (GST) Challenges: Initial implementation give rise to challenges and adjustments. This Balances state interests in tax revenue distribution.

CONCLUSION

Indian federalism, born from a unitary past, stands as a unique blend of cooperation and competition. The Constitution, dividing powers between the Union and states, signifies a commitment to unity amid diversity. Unitary federalism’s flexibility is evident, yet amendments affecting federalism require specific majorities, reflecting a delicate balance. Challenges persist, such as financial imbalances and unequal representation. Cooperative federalism encourages collaboration, seen in bodies like NITI Aayog. Meanwhile, competitive federalism stimulates states to vie for resources, fostering innovation. Recent developments, including GST reforms and Finance Commission recommendations, exemplify India’s commitment to refining federal dynamics and ensuring a resilient, adaptive governance structure.

REFERENCES

• Jain, M.P., Chelameswar, J. and Naidu, D.S. (2019) Indian constitutional law. Gurgaon, Haryana, India: LexisNexis.
• History.com Editors; “Federalist Papers”; https://www.history.com/topics/early-us/federalist-papers; July 3, 2019.
• The Political Economy of Federalism in India By M. Govinda Rao, Nirvikar Singh