Question

The federalism in India represents a compromise between conventional normal division of powers under which states enjoy autonomy within their own spheres and need for national integration and a strong government under exceptional circumstances. Discuss.

Answer 1

The Constitution of India provides for a federal system of government in the country. The framers of the constitution realized that the federal system not only ensures the efficient governance of the country but also reconciles national unity with regional autonomy. However, the term ‘federation’ has no where been used in the Constitution. Instead, Constitution describes India as a ‘Union of States’.

The Indian federalism is often termed as ‘quasi federal’ because of its unique features. Indian Constitution establishes a dual polity consisting the Union at the Centre and the states at the periphery. It is a written constitution which avoids the misunderstandings and disagreements between the centre and state governments. Each is endowed with sovereign powers to be exercised in the field assigned to them respectively by the Constitution under Schedule 7. It also contains many other provisions which are expected in a federal constitution like rigid constitution, independent judiciary, bicameral legislature etc.

But at the same time Indian constitution contains certain provisions which are central in nature. Provisions like emergency, no territorial integrity to states, strong centre, single citizenship, All India services gives it a unitary form. These provisions were included keeping in mind various factors like historical background, to curb regionalism, etc. As at that time it was felt that national integration can only be achieved with a strong centre. Apart from all this there are circumstances under which centre can legislate on state subjects.

From the above, it is clear that the Constitution of India has deviated from the traditional federal systems like US, Switzerland and Australia and incorporated a large number of unitary or non-federal features, tilting the balance of power in favour of the Centre. But by and large “the Indian Constitution is mainly federal with unique safeguards for enforcing national unity and growth”.