Federalism is a system of governance where two levels of government (central and regional) share the authority and responsibility for governing the country. In the context of the Indian Constitution, federalism refers to the distribution of powers and responsibilities between the Union (central government) and the States (regional governments), along with the structure for the Union Territories that are directly governed by the central government.

 

The Constitution of India outlines the framework for federalism through several provisions, mainly in Part I (Union and its Territory) and Part VIII (Union Territories). These sections not only define the structure of the Union and the States but also lay down the foundational principles of Indian federalism.

 

Part I: Union and its Territory

Part I of the Indian Constitution (Articles 1-4) deals with the territorial aspects of the Union and the States in India. It defines the geographical boundaries of India and provides the legal framework for the creation and alteration of the States and Union Territories.

 

 Article 1: Name and Territory of India

Article 1 is a declaratory provision that affirms the name of the country as India, which is also called the Bharat in Hindi. It defines the territorial boundaries of India, which includes the territories of the States, Union Territories, and any other territories that may come into the Union later.

– Clause (1) of Article 1 states, “India, that is Bharat, shall be a Union of States.” This indicates that India is a union of states, not a federation of states, which is a subtle but significant distinction.

– Clause (2) allows for the inclusion of new states, which may be added to the Union through the enactment of laws by the Parliament of India.

 

 Article 2: Admission or Establishment of New States

This article grants the Parliament the power to admit new states into the Union or establish new states within India. This flexibility is important in a vast country like India, which may undergo territorial changes over time, for example, through the creation of new states like Telangana in 2014.

 

 Article 3: Formation of New States and Alteration of Areas, Boundaries, or Names of Existing States

Article 3 allows the Parliament to modify the boundaries, names, or areas of existing states. This is done through the introduction of a bill that has to be passed by both Houses of Parliament. However, the bill cannot be introduced without the prior recommendation of the President of India, and the concerned states must be consulted.

 

 Article 4: Laws Relating to the States and Union Territories

Article 4 clarifies that any laws made under Article 2 and Article 3 shall not be deemed to be an amendment of the Constitution. This provision provides an exception to the usual procedure for constitutional amendments, ensuring that changes regarding states and territories can be made more flexibly.

 

 Part VIII: Union Territories

Part VIII (Articles 239-242) of the Indian Constitution focuses on the governance of Union Territories (UTs). These are areas that are not part of any state and are directly governed by the central government.

 

 Article 239: Administration of Union Territories

Article 239 provides that the Union Territories shall be administered by the President of India. The President may appoint a Lieutenant Governor (LG) or an Administrator for the administration of each Union Territory. However, some Union Territories, such as Delhi and Puducherry, have their own legislative assemblies and Chief Ministers, which gives them a semblance of autonomy.

 

 Article 240: Power of the President to Make Regulations for Union Territories

This article empowers the President to make regulations for the governance of Union Territories that are not governed by a legislative body. These regulations have the same force as laws made by Parliament.

 

 Article 241: High Courts for Union Territories

Article 241 allows Parliament to create a High Court for any Union Territory or to provide for the jurisdiction of an existing High Court over a Union Territory.

 

 Article 242: The Andaman and Nicobar Islands (Powers of Legislature)

This article grants the Andaman and Nicobar Islands (a Union Territory) special powers regarding its legislative framework. The President of India may frame laws for the governance of the Islands, which can have a legislative assembly of its own.

 

 Features of Indian Federalism

Indian federalism is unique and has its own characteristics. While the Constitution of India creates a framework for federalism, it is often referred to as a quasi-federal system, which combines elements of both federalism and unitary governance.

1. Union of States (Not a Federation)

The Constitution of India refers to India as a Union of States, not a federation. This distinction implies that the states do not have the right to secede from the Union, unlike in a true federation. The Union is indivisible, and no state can break away from it.

This unitary character becomes more evident in times of national emergency, where the central government gains greater control over the states, highlighting the strong centralizing features of Indian federalism.

 

2. Single Constitution

India has a single Constitution for both the central government and the states. This is in contrast to a federal system like that of the United States, where both the central and state governments have their own constitutions. A single Constitution enables the central government to maintain a strong influence over the states and ensures uniformity in the legal and administrative system across the country.

 

3. Distribution of Powers

The Constitution provides for a division of powers between the central and state governments through three lists:

 

– Union List (List I) – Subjects that are exclusively within the jurisdiction of the central government (e.g., defense, foreign affairs).

– State List (List II) – Subjects that are within the jurisdiction of the state governments (e.g., police, public health).

– Concurrent List (List III) – Subjects that are shared between the central and state governments (e.g., criminal law, education).

 

In case of a conflict between central and state laws on a subject in the Concurrent List, the central law prevails. This provision reflects the dominance of the central government in the Indian federal system.

 

4. Supremacy of the Constitution

The Constitution of India is the supreme law of the land. It defines the framework of the federal system and cannot be altered unilaterally by any state. Any law made by the state legislature that is inconsistent with the Constitution is considered void. Thus, the Constitution ensures a uniform legal structure and enforces the supremacy of central laws.

 

5. Independent Judiciary

India’s judiciary is independent and acts as the guardian of the Constitution. The judiciary has the power to adjudicate disputes between the central government and the states. It ensures that the distribution of powers and responsibilities, as set out in the Constitution, is maintained and that there is no encroachment by one level of government on the powers of the other.

 

The Supreme Court of India has original jurisdiction in disputes between states and between the Union and states. This provides a mechanism for resolving federal conflicts.

 

6. Role of the President

The President of India plays a significant role in the federal framework. The President’s assent is required for laws made by state legislatures, and the President can also dissolve state assemblies and appoint governors. Additionally, the President can promulgate ordinances when the Parliament is not in session, further asserting central authority.

 

7. Residuary Powers

The Constitution provides the Union government with residuary powers under Article 248. This means that if any matter is not mentioned in any of the three lists (Union, State, or Concurrent), it is the exclusive prerogative of the Union government to legislate on that matter. This ensures that the Union remains supreme in the event of any legislative vacuum.

 

8. Special Provisions for States

The Indian federal system contains provisions for special treatment of certain states, such as Jammu and Kashmir (historically) or Northeastern states, to accommodate their unique cultural and historical backgrounds. For instance, Article 370 (before its abrogation in 2019) gave Jammu and Kashmir a special status, with its own Constitution.

 

9. Emergency Provisions

The Constitution provides for the centralization of powers during emergencies (e.g., national emergency, state emergency, financial emergency), during which the central government gains extensive powers, and the federal structure takes a backseat. The ability of the central government to dissolve state assemblies and take direct control over state matters during such emergencies highlights the unitary features of the Indian federal system.

 

Conclusion

Indian federalism is a unique blend of both federal and unitary features. While it provides for the division of powers between the Union and the States, it also ensures strong central control in key areas. The Constitution’s provisions under Part I and Part VIII ensure the smooth functioning of this system, establishing clear boundaries and responsibilities for both the Union and the States, along with a framework for the governance of Union Territories. This quasi-federal structure allows for regional autonomy, while ensuring the integrity and unity of the Indian Union.