Federal System

Article 1 of the Constitution describes India as a 'Union of States'. Dr. B.R. Ambedkar explained that this term was preferred over 'Federation of States' to signify that:

• The Indian Federation is not the result of an agreement among the states (unlike the American Federation).
• The states have no right to secede from the federation.

The Indian Constitution is often described as 'Federal in form but Unitary in spirit'. K.C. Wheare described it as 'Quasi-federal', while Granville Austin called it 'Cooperative Federalism'.

1. Dual Polity: The Constitution establishes a dual polity consisting of the Union at the Centre and the states at the periphery. Each is endowed with sovereign powers to be exercised in the field assigned to them.
2. Written Constitution: India's Constitution is not only a written document but also the lengthiest in the world, specifying the structure and powers of both levels of government.
3. Division of Powers: The Seventh Schedule provides three lists: Union List (List I), State List (List II), and Concurrent List (List III).
4. Supremacy of the Constitution: The Constitution is the 'Law of the Land'. The laws enacted by the Centre and the states must conform to its provisions.
5. Rigidity of the Constitution: Federal provisions (like election of President, distribution of powers) can only be amended with the consent of at least half of the state legislatures (Art 368).
6. Independent Judiciary: The Supreme Court is at the apex to protect the Constitution and settle disputes between the Centre and states.
7. Bicameralism: The Rajya Sabha (Upper House) represents the states, and the Lok Sabha (Lower House) represents the people of India.

The Constitution also contains many features that lean towards a strong Centre:

• Strong Centre: The Union List contains more (and more important) subjects than the State List. In the Concurrent List, Central law prevails in case of conflict.
• Residuary Powers: Unlike the US, residuary powers in India are vested with the Parliament (Art 248).
• Single Citizenship: No separate state citizenship; Indians are citizens of the Union only.
• Integrated Judiciary: Single system of courts for both Central and State laws.
• All-India Services (Art 312): IAS, IPS, and IFS are common to both but recruited and trained by the Centre.
• Emergency Provisions: During emergencies, the federal structure becomes unitary (Art 352, 356, 360).
• Appointment of Governor: The President appoints the Governor, who acts as an agent of the Centre.
• Veto Over State Bills: The Governor can reserve certain state bills for the President's consideration.

In the SR Bommai Case, the Supreme Court declared that Federalism is a 'Basic Feature' of the Constitution. The Court observed that states have an independent constitutional existence and are not mere subordinates of the Centre.

Commissions like the Sarkaria Commission (1983) and the Punchhi Commission (2007) have recommended strengthening 'Cooperative Federalism' by reducing the misuse of Article 356 and improving the role of the Inter-State Council.