This article has been written by kommula vikram of Lloyd law college

Federalism is a system of government where power is shared between the center and its parts, such as states or provinces. It is an institutional mechanism involving two policies, one at the central or national level and the other at the regional or provincial level.

Federal system – two types of federal states 

 In a federal system there are two  autonomous powers in their fields. A federal system differs from a unitary system in that sovereignty is constitutionally divided between two regional levels, so that each level can act independently of the other in some areas.  There are two types of  

 Federations: 

 Cohesive Federation – In this type, powers are divided between different parts to accommodate the diversity of the whole unit. Here, powers are usually misunderstood towards the central authority. Example: India, Spain, Belgium. 

 Coming Together Federation – This type unites independent nations to form a larger whole. Here, the states have more autonomy  compared to being enclosed in a kind of federation. Example: USA, Australia, Switzerland.

Features of Indian Federal System  

 Dual Government 

 Separation of Powers at Different Levels 

 Rigidity of Constitution 

 Independence of Judiciary 

 Dual Citizenship 

 Bicameralism 

 Not all federations can have all the above features. Some of these may be included depending on the type of union. 

 Federalism in India 

 India is a federal system but leans more  towards  unitary governance. It is sometimes considered a quasi-federal system because it has characteristics of both a federal and a unitary system. Article 1 of the  Constitution of India states that “India or Bharat is  a Union of States”. The word union is not mentioned in the constitution. 

 Elements of federalism were introduced in modern India by the Government of India Act of 1919, which divided power between the center and the provincial parliaments. 

 Read the Constituent Assembly debates on federalism in the linked article. 

 Federal features of the  Union of India 

 Governments at two levels – Center and States 

 Separation of powers between the Center and the States – The Seventh Schedule to the Constitution contains three lists containing the subjects under the jurisdiction of each level: 

 Union Schedule . 

 National Schedule 

 Concurrent Schedule 

 Supremacy of the Constitution – The Constitution is the basic structure defined by the judiciary is indestructible. The Constitution is the supreme law of India. 

 Independent Judiciary – The Constitution provides for an independent and integrated judiciary. At the lowest level are the lower and district courts, the highest state courts and the supreme court is the Supreme Court of India. All courts are subordinate to the Supreme Court. 

 Also read RSTV’s big picture discussion of challenges to the federal structure in the linked article. 

 Common Features of the  Union of India 

 Flexibility of the Constitution – The Constitution is a mixture of flexibility and rigidity. Some provisions of the constitution are easy to change. If the changes are meant to alter aspects of Indian federalism, making such changes will not be easy. (Read about the types of majorities in the Indian Parliament that make amendments or  other regulations.) 

 More power to the center – Constitution provides more power to the list of unions. On  Concurrent List subjects, the Parliament can pass laws which can supersede the laws passed by the State Parliament in some matters. Parliament can also pass laws on certain subjects in the state list. 

 Unequal Representation of States in Rajya Sabha – The representation of  states in the upper house is based on the population of the states. For example, Uttar Pradesh has 31 Rajya Sabha seats and Goa has 1 seat. In an ideal federal system, all  states should be equally represented. 

 The executive is  part of the parliament – In India,  both the central and state executive are part of the parliament. This is contrary to the principle of separation of powers between  different government bodies. 

 Lok Sabha is more powerful than  Rajya Sabha – In our system,  Lok Sabha is more powerful than the upper house and the unequal powers of the two houses are against the principle of federalism. 

 Emergency power – the center is equipped with emergency power. After the emergency was imposed, the Center increased its control over the states. This weakens the autonomy of countries. (You can also read the Ordinance of the President – Article 356 in the linked article.) 

 Integrated Judiciary – Indian Judiciary is integrated. There is no separate judiciary at the central and  state levels. (For more information on the Indian Judiciary, see the notes mentioned in the linked article. ) 

 Single Citizenship – There is only one citizenship  available to citizens in India. They cannot be citizens of the country either. It helps to increase the sense of nationhood because it creates unity in  the midst of  regional and cultural differences. It also enhances fundamental rights such as free movement and residence in any part of the country. 

 Appointment of the governor – the head of  state acts as the  representative of the center in the country. The state government does not appoint the governor, the center does. 

 Creation of new states – Parliament has the right to change the territory of the state by increasing or decreasing the area of ​​the state. It can also change the name of the state. 

 All Bar Services – All Bar Services like IAS, IPS etc. The Center interferes with the executive power of the states. These services also ensure uniform administration throughout the country. 

 Integrated Election Mechanism – The Election Commission of India is responsible for conducting free and fair elections at both the central and  state levels in India. The members of the EC are appointed by the president. 

 Veto of State Bills – state governor  can reserve certain types of bills for the president to review. The President has absolute veto power over these proposals. He can even reject the bill a second time if the bill is sent after  the state legislature has reconsidered it. This provision deviates from the principles of federalism. (Read more about veto power in the linked article.) 

 Integrad Audit Machinery – CAG is appointed by the president of the country to audit the  accounts of both the center and the states. 

 Powers to remove key government officials – The state government or state legislature does not have the power to remove certain key government officials, even at the state level, such as state election commissions, judges of supreme courts or civil service charges. public president of the state.

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