The Indian Constitution: Federal Provisions
The Indian Constitution establishes a federal structure of governance while incorporating unitary features to maintain national unity and integrity. Federalism in India is defined by the division of powers between the Union and State governments, independent judiciary, and a bicameral legislature at the central level. However, unlike classical federations like the United States, India’s federalism is unique, often described as “quasi-federal” due to the strong authority vested in the central government.
Federal Features of the Indian Constitution
Division of Powers: The Seventh Schedule of the Constitution categorizes subjects under three lists:
The Union List (List I) contains subjects of national importance, such as defense, foreign affairs, and banking, which fall exclusively under the Union government’s authority.[1]
The State List (List II) includes subjects like police, health, and agriculture, which are within the jurisdiction of state governments.
The Concurrent List (List III) comprises subjects like education, marriage, and environmental protection, where both Union and State governments can legislate. In case of conflict, Article 254 ensures Union law prevails.[2]
Bicameral Legislature: The Rajya Sabha (Council of States) represents the interests of states in the federal system. However, unlike the U.S. Senate, Rajya Sabha members are not equally represented from each state but based on population size.
Independent Judiciary: The Supreme Court of India acts as the guardian of the Constitution and arbitrates disputes between the Union and States under Article 131. Through landmark judgments such as State of West Bengal v. Union of India (1963), the Supreme Court upheld that the Indian Constitution is federal in nature.
Written and Rigid Constitution: The Indian Constitution is a written document, ensuring clarity in the federal structure. Certain provisions require special majority and state ratification under Article 368, ensuring that states participate in constitutional amendments affecting their rights.
Elected Governments at Two Levels: Both the Union and State governments have separate executive, legislative, and financial powers, ensuring the federal principle of governance.
[1] H.M. Seervai, Constitutional Law of India (4th edn, Universal Law Publishing, New Delhi, 2013) 3095.
[2] D.D. Basu, Commentary on the Constitution of India (9th edn, LexisNexis, New Delhi, 2018) 194.