29 Apr Federalism: The Soul of the Indian Constitution
This article covers “Daily Current Affairs” and the Topic of Federalism: The Soul of the Indian Constitution.
SYLLABUS MAPPING:
GS-2- Polity and Governance–Federalism: The Soul of the Indian Constitution
FOR PRELIMS
What is federalism? What are the problems between the Centre and the States in India?
FOR MAINS
What is the importance of the Finance Commission in Indian federalism?
Why in the News?
Senior Supreme Court advocate and Congress Rajya Sabha MP Abhishek Manu Singhvi, speaking at Dr. B.R. Ambedkar’s 134th birth anniversary celebrations, highlighted two key paradoxes in Indian federalism. He pointed out that while the Constitution does not explicitly mention the term “federalism,” the Supreme Court recognised it as part of the basic structure over 30 years ago. Further, although India was originally designed as a strong centralised polity, it has evolved into a much more federal system over 75 years. Singhvi attributed this “accidental federalism” to factors like the creation of ethno-linguistic states, the rise of regional parties, coalition politics, fiscal devolution, and the empowerment of Panchayati Raj institutions. His remarks underline the organic and evolving character of federalism in India.
What is federalism?
Federalism is a system of government in which power and authority are divided between a central (national) government and various constituent units (such as states or provinces). Each level of government operates independently in certain areas of legislation, administration, and taxation, as defined by a constitution.
Key Features of Federalism:
1. Dual Government: Central and state governments function independently.
2. Written Constitution: Clearly demarcates the powers and responsibilities of each level.
3. Division of Powers: Powers are distributed through lists such as the Union, State, and Concurrent Lists (in India).
4. Supremacy of the Constitution: The Constitution is the highest law, and all laws must conform to it.
5. Independent Judiciary: Resolves disputes between different levels of government.
6. Bicameral Legislature (in many federations): Usually includes a house representing the federal units (e.g., Rajya Sabha in India, Senate in the U.S.).
Indian federalism vs American federalism
| Aspect | Indian Federalism | American Federalism |
|---|---|---|
| 1. Nature of Federation | Quasi-federal with a strong Centre | Pure federal system with clear division of powers |
| 2. Source of the Constitution | Not based on an agreement of States; drafted by the Constituent Assembly | Formed by an agreement among sovereign States |
| 3. Distribution of Powers | Three lists – Union, State, and Concurrent | Clear separation – Federal and State governments |
| 4. State Autonomy | Limited; the Centre can intervene in State matters | High autonomy; States are constitutionally strong |
| 5. Citizenship | Single citizenship for all Indian citizens | Dual citizenship (U.S. and individual State) |
| 6. Judiciary | Integrated judiciary with the Supreme Court at the apex | Dual judiciary – separate federal and state court systems |
| 7. Emergency Powers | Centre can assume control during a national, state, or financial emergency | Emergency powers are limited; federalism largely preserved |
| 8. Alteration of State Boundaries | Centre can alter State boundaries without consent | States’ boundaries cannot be changed without their consent |
Constituional Provision
1. Article 1 – India is a “Union of States”: Indicates the indestructible nature of the Union, with States having no right to secede.
2. Seventh Schedule – Division of Powers: Provides a three-fold distribution of legislative powers through the Union List, State List, and Concurrent List.
3. Article 245–255 – Legislative Relations: Define the scope of Parliament and State legislatures, and address conflicts between Centre and State laws.
4. Article 256–263 – Administrative Relations: Obligates States to comply with Union laws and provides for inter-State coordination through bodies like the Inter-State Council.
5. Article 280 – Finance Commission: Recommends the distribution of financial resources between the Centre and States.
6. Article 352, 356, and 360 – Emergency Provisions: Allow the Centre to assume greater control during national, state, or financial emergencies, affecting federal balance.
7. Article 3 – Reorganisation of States: Empowers Parliament to create new States or alter boundaries without the States’ consent.
8. Article 368 – Amendment Process: Some constitutional amendments require ratification by at least half of the State legislatures, reflecting federal spirit.
9. Schedules V and VI – Special provisions for Scheduled and Tribal Areas: Provide asymmetrical federalism by granting autonomy to certain regions.
Success of Indian federalism
1. Peaceful Integration of Diverse Regions: India has successfully integrated over 560 princely states post-Independence and later reorganised states linguistically (States Reorganisation Act, 1956), maintaining unity amid diversity.
2. Democratic Decentralisation: The 73rd and 74th Constitutional Amendments (1992) empowered local self-governments, ensuring grassroots democracy across over 2.5 lakh Panchayats and Urban Local Bodies.
3. Strong Centre Yet Regional Autonomy: Despite central dominance, States like Tamil Nadu, and Punjab have exercised distinct political and cultural identities without threatening national unity.
4. Rise of Regional Parties and Coalition Era: Over 40% of Indian voters now support regional parties. Coalition governments (e.g., UPA, NDA) have necessitated federal consultations, giving States more say in policymaking.
5. Fiscal Federalism and Devolution: The 15th Finance Commission (2021–26) recommended 41% of the divisible tax pool to States, strengthening their fiscal independence.
6. Functional Institutions for Federal Coordination: Bodies like the Inter-State Council, NITI Aayog, and GST Council (with 75% voting from States) enable cooperative federalism in decision-making.
7. Judicial Protection of Federal Structure: In the Kesavananda Bharati case (1973), the Supreme Court ruled federalism as part of the Basic Structure, preventing its dilution via constitutional amendments.
8. Crisis Management through Federal Cooperation: During the COVID-19 pandemic, Centre-State coordination in health, logistics, and disaster response showcased functional federalism in practice.
Challenges
1. Centralisation of Powers: Despite constitutional safeguards, increasing central control, especially during President’s Rule (Article 356) and central schemes, often sidelines States’ autonomy.
2. Unequal Fiscal Federalism: The Centre controls the majority of revenue sources, while States bear major expenditure responsibilities. States depend heavily on central transfers, leading to vertical fiscal imbalance.
3. Politicisation of the Governor’s Office: Governors are often accused of acting as agents of the Centre, especially in non-aligned States (e.g., recent issues in West Bengal, Tamil Nadu, and Kerala).
4. Inter-State River Water Disputes: Disputes like Cauvery (Tamil Nadu–Karnataka) and Krishna (Andhra–Telangana) reflect friction over resource sharing and ineffective dispute resolution mechanisms.
5. Asymmetric Federalism and Regional Discontent: Special provisions for certain States (e.g., Article 370 for J&K earlier, Sixth Schedule for Northeast) can breed perceptions of inequality or fuel separatist sentiments.
6. Weak Inter-State Coordination Mechanisms: Bodies like the Inter-State Council remain underutilised. Meetings are infrequent, reducing their effectiveness in resolving federal disputes.
7. Tensions in GST Implementation: While the GST Council promotes cooperative federalism, States often complain about delayed compensation and loss of fiscal autonomy.
8. Language and Cultural Assertion: Periodic tensions (e.g., opposition to Hindi imposition in southern States) highlight challenges in balancing national integration with linguistic federalism.
Recommendation
1. Strengthen Cooperative Federalism Mechanisms: Revitalise the Inter-State Council with regular meetings and empowered decision-making to enhance Centre-State and inter-State dialogue.
2. Reform the Role of Governors: Implement Punchhi Commission recommendations to make the Governor’s office more impartial, transparent, and accountable to constitutional norms.
3. Ensure Fiscal Equity: Increase States’ fiscal autonomy by widening their tax base, ensuring timely GST compensation, and reviewing Finance Commission formulas to address horizontal imbalance.
4. Empower Local Governments: Strengthen the 73rd and 74th Amendments by ensuring proper devolution of funds, functions, and functionaries (3Fs) to Panchayati Raj Institutions and Urban Local Bodies.
5. Institutionalise Asymmetrical Federalism: Recognise the diversity of India’s regions (e.g., Northeast, tribal areas) by providing tailored governance models within the federal framework to address local needs.
6. Improve Dispute Resolution Mechanisms: Set up permanent tribunals or empower neutral constitutional bodies to resolve inter-state disputes quickly, especially on water, boundary, and resource-sharing issues.
7. Foster Political Federalism: Encourage healthy Centre-State relations regardless of political alignment by ensuring that centrally sponsored schemes are flexible and responsive to State needs.
8. Promote Cultural and Linguistic Pluralism: Respect and promote India’s multilingual and multicultural identity through education, media, and policy, to prevent regional alienation.
Conclusion
Indian federalism, though not explicitly named in the Constitution, has evolved organically into a dynamic and resilient framework balancing unity and diversity. Over 75 years, India has demonstrated remarkable success in integrating diverse regions, empowering local bodies, and fostering cooperative governance despite its initially centralised design. However, challenges such as fiscal imbalances, political centralisation, and inter-state tensions continue to test the federal spirit. Moving forward, reforms like strengthening institutions of dialogue, ensuring fiscal autonomy, depoliticising the Governor’s role, and respecting cultural pluralism are critical. A robust, cooperative, and flexible federal structure remains essential to sustain India’s democratic vibrancy and socio-economic progress.
Download Plutus IAS Current Affairs (Eng) 29th April 2025
Prelims Questions
Q. Consider the following statements:
1. The word “federalism” is explicitly mentioned in the Indian Constitution.
2. The Indian Constitution allows the Parliament to alter the boundaries of States without their consent.
3. Federalism is part of the Basic Structure of the Constitution.
Which of the above statements is/are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer: B
Mains Questions
Q. The federal structure of India, though centrally tilted in its constitutional design, has evolved into a dynamic and cooperative federal framework over the years. Critically examine this evolution and discuss the key challenges and reforms needed to strengthen Indian federalism.
(250 words, 15 marks)
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