The Indian federal system has several characteristics which are required for a federal polity:
- Written Constitution: The Indian Constitution is a written constitution with 395 articles and 12 schedules that satisfies these fundamental criteria of a federal government. The Indian Constitution is, in fact, the most complicated in the world.
- Supremacy of the Constitution: The Constitution of India is paramount, and it was not drafted by the Centre or the States. If any organ of the state dares to violate any article of the Constitution for any reason, the courts of law are there to ensure that the Constitution’s dignity is preserved at all costs.
- Rigid Constitution: The Indian Constitution is, for the most part, a rigid document. Only the joint actions of the State Legislatures and the Union Parliament can change the Constitution’s provisions regulating Union-State relations. Such provisions can only be changed if they are approved by a two-thirds majority of the members present and voting in Parliament (which must also be an absolute majority of the total membership) and confirmed by at least half of the States.
- Division of Powers: In a federation, there should be a clear division of powers so that the units and the centre are both needed to enact and legislate within their respective spheres of activity, and no one attempts to trespass on the functions of others. The Indian Constitution makes this requirement clear. The Seventh Schedule has three Legislative Lists, namely, Union, State, and Concurrent Legislative Lists, which enumerate subjects of administration. The Union Government has sole legislative authority over the issues listed in the Union List. Under normal circumstances, state governments have complete legislative jurisdiction over the issues on the State List. Both the Centre and the States government can legislate on the subjects listed in the Concurrent List, and, the Central Government has been given residuary powers.
- Independent Judiciary: In India, the Constitution established an Ultimate Court, and every effort has been made to ensure that the judiciary is independent and supreme. If a statute violates any of the Constitution’s provisions, the Supreme Court of India can declare it unconstitutional or ultra vires. Our judges are not removable by the Executive, and their salaries cannot be reduced by Parliament, in order to maintain the independence of the judiciary.
- Bicameral Legislature: In a federation, a bicameral system is regarded necessary because it is only in the Upper House that the units can be given equal representation. The Indian Constitution also establishes a bicameral legislature at the national level, consisting of the Lok Sabha and the Rajya Sabha. While the Lok Sabha is made up of people’s elected representatives, the Rajya Sabha is mostly made up of legislators elected by state legislatures. However, the Rajya Sabha does not have equal representation for all states.
- Dual Government Polity: There are two governments in a federal state: the national or federal government and the governments of each component entity. A unitary state, on the other hand, has only one government: the national government. As a federal system, India has both a central and state government.