Federalism

Written and reviewed by Subhra Gupta, Humanities faculty at UniDrill (M.A. Sociology, University of Delhi · 7 years teaching Humanities). Based on NCERT Political Science Class XI (Indian Constitution at Work), Chapter 7.

Why does the Constitution say "Union of States" and not "federation"?

Article 1 begins: "India, that is Bharat, shall be a Union of States." The word "federation" does not appear in the Constitution at all. A country as large and varied as India has a problem that no single government can handle well: it needs one voice on defence and currency, and many voices on local needs such as farming, policing and health. Federalism is the arrangement that tries to do both. This chapter explains how India built it, where the Centre is stronger than the States, and where the arrangement has been tested.

What federalism means

Federalism is an institutional arrangement that accommodates two sets of polities, one regional and one national, each autonomous in its own sphere. A person in a federation has two identities. You are a Gujarati or a Jharkhandi and also an Indian.

The textbook adds that no constitution can make federalism work alone. It needs a culture of trust, cooperation, mutual respect and restraint. When one unit or group dominates, it creates resentment, secessionist demands and in the worst case civil war.

The division of powers: three Lists

The Seventh Schedule divides subjects into three Lists. This table is the most frequently quoted visual in the chapter.

Why the Centre gets the residuary subjects. Anything new that nobody listed, such as a new technology, falls to the Union. This keeps the Centre able to act on new national concerns, and it is one of the signs of a strong centre.

Beyond the textbook. For the exam: Education and Forests are in the Concurrent List. In reality: both were in the State List at first. The 42nd Amendment (1976) moved them to the Concurrent List. Why it matters: a question may ask who could make laws on education in 1950 and who can now. The answer changes.

Pause and predict: a brand new technology appears that is not listed in any of the three Lists. Who has the power to make laws on it?

Check your answer: Parliament. Residuary powers belong to the Union.

Why the Constitution has a strong Centre

India is a country of continental size and great diversity. At independence, more than 500 princely states had to be brought into the Union alongside the provinces formed by the British. The makers feared that a loose arrangement might break apart, so they chose a federal system with a strong central government.

Two views. For the exam: India is a federation with a strong Centre, designed to hold a diverse country together. Another reading: some scholars argue that this is what makes India a "quasi federal" system, where the Centre can override the States in many ways. Others maintain that India is a distinct kind of federation, adapted to its history, in which strong central powers coexist with real State governments and a Supreme Court that settles disputes. Both views agree on the facts in the table above. They differ on what to call the result.

How Indian federalism has worked: three phases

Demands for autonomy have taken four forms.

Governors and President's Rule

The Governor is appointed by the Centre and is not elected, so the role has often been debated. The Sarkaria Commission on Centre and State relations was appointed in 1983 and submitted its report in 1988. It recommended that Governors should be appointed in a strictly non partisan way.

Article 356 says that the President can impose President's Rule in a State if its government cannot be carried on in accordance with the Constitution. The proclamation must be approved by Parliament, and it can continue for up to three years. Until 1967 it was used sparingly. After that, it was used more often by the Centre to dismiss State governments, as in Andhra Pradesh and Jammu and Kashmir in the 1980s. The Supreme Court has held that the use of Article 356 can be examined by the courts.

Beyond the textbook. For the exam: the validity of the proclamation of President's Rule can be reviewed by the courts. In reality: this was settled in the S. R. Bommai case (1994). The Court held that the President's satisfaction can be tested, and that a government's majority should be tested on the floor of the Assembly. Why it matters: if a question mentions a leading case on President's Rule, this is it.

Pause and predict: the Governor reports that a State's government cannot function as the Constitution requires, and the President issues a proclamation. What must happen next, and can a court look at the decision?

Check your answer: Parliament has to approve the proclamation, and the courts can examine whether it was valid.

Reorganisation of States

The map of India has been redrawn many times, mostly on the basis of language and in response to demands.

Conflicts between States

Special provisions

Some regions have special provisions because of their history or their population. The north eastern States, such as Assam, Nagaland, Arunachal Pradesh and Mizoram, have a sizeable indigenous tribal population. Special provisions also exist for hill States like Himachal Pradesh and for Andhra Pradesh, Goa, Gujarat, Maharashtra, Sikkim and Telangana. Many of them are in Articles 371 to 371J, for example Article 371A for Nagaland and Article 371G for Mizoram.

Article 370 and Jammu and Kashmir. Until 2019, Article 370 gave Jammu and Kashmir a special status. Union and Concurrent List laws applied only with the State's concurrence, an internal-disturbance or financial Emergency could not be imposed without it, the Directive Principles did not apply, and the State had its own constitution and flag. This status no longer exists. Under the Jammu and Kashmir Reorganisation Act, 2019, the State was divided into two Union Territories, Jammu and Kashmir, and Ladakh, from 31 October 2019. The Supreme Court upheld the 2019 changes in a judgment in December 2023.

Timeline

Exam traps

60-second revision

Where this chapter connects

• Previous: Judiciary explains how the Supreme Court settles Union and State disputes.
• Next: Local Governments adds a third tier below the States.
• Related: Executive covers the Governor, the President and the All India Services.
• Class XII link: Regional Aspirations continues the story of demands for autonomy and the reorganisation of States.