What is Federalism?

Federalism is derived from the Latin word “foedus”, which means

“covenant, pact and treaty”. Federalism is a principle which defines a
system wherein the government divides its power among the National
Government and State Government. It is dual machinery system upon
which a government works. There is a distribution of powers between
the central authority and various state authorities.

The principle followed by these types of government is “Separation of

Power”. India works on the principle of two levels of government
system in which it divides its power between Central Government and
State Government. The constitution of India which envisages the
Parliamentary form of Government is federal in structure with unitary
features. Main branches of Federal Government are the legislative, the
executive and the judiciary.

Principles of Federalism in the

Constitution
Federalism is based on two principles:

 Separation of Power
 Check and balances
The Federal form of Government highly maintain these two principles.
Power of each machinery of government is distributed and none of the
machinery interferes in the work of others. The first judgement
concerning the principle of Separation of Power was given in the
case Ram Jawaya v State of Punjab[1], where the Supreme Court laid
down that “The principle of separation of power was not fully accepted
in India”. However, the same principle found a clear place in the
Indian context from the case Indira Nehru Gandhi vs. Raj Narain[2].

The principle of checks and balances in the federal system is required

for the proper functioning of all levels of organs of government. Each
organ of government checks the functioning of other organs so that
the other organ may not violate the principle of separation of power
and no organ becomes too powerful. Some examples of check and
balances are:

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 1. Judiciary may exercise judicial review upon legislature and
executive.
2. The executive has the power to appoint the judges for courts.
3. Legislation may review the functioning of the judiciary.

Function of Federalism
The basic function of federalism is to maintain separation of power
among the Central Government and State Government. Central
Government make laws from the areas listed in List I of the Seventh
Schedule (e.g, Foreign Affairs, Extradition, Foreign Jurisdiction etc)
and State Government make laws from the areas listed in List II of
the Seventh Schedule ( e.g, Public order, Public health and sanitation
etc). List III is Concurrent List, it talks about the areas where both of
the governments have the autonomy to make law.

Another function of federalism is to maintain justice by the supremacy

of the Supreme Court. Also, there is proper check and balance under
this form of government so that no branch becomes more powerful
suppressing the other. According to James Madison “If men were
angels. No government would be necessary”[3].

Features of Federalism
Main features of federalism include:

1. There are two tiers government i.e. Central and State.

2. There is a separation/division of power.
3. There is a written constitution.
4. Powers and functions of each level of the government are
guaranteed by the constitution.
5. The supremacy of the Constitution.
6. Rigid constitution; i.e. Provisions of the Constitution cannot
be amended by any level of the government.
7. Independent Judiciary.
8. Bicameral legislature: Parliament of a country consists of two
houses (upper or lower house).

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Nature of Indian Federalism
Indian Federalism is not federal in the sense of federalism of the US.
It is a “federation of its own type” ( federation sui generis). Though
the Indian Constitution talks about the division of power through
which neither union nor state has absolute sovereignty, many
provisions are existing in the Indian Constitution which goes against
the principle. President of India under Article 352, 356 and 360 have
the power to declare an emergency.

Also, Article 200 of the Indian Constitution provides that the Governor
may reserve certain bills passed by the legislature of the State for the
consideration of the President. It acquires the quality of federalism
with unitary character, thus making it as quasi-federal in nature.

Importance of Federalism in India

Decentralization of power
Power in Indian administration flows from the centre to the local
bodies i.e. Panchayat. Decentralisation is necessary so that central
may not acquire all powers which will reflect in a unitary form of
Government.

Governance becomes easy

This system helps the overburdened administration. There are three
organs of government present in India. Executives sitting at the
centre are unable to reach villages. Hence, the local Government help
the executive to reach a lower level and also citizens to have active
participation in democracy.

Maintains supremacy of Constitution

Constitution remains the supreme law of the land in a federal form of
government unlike in unitary where supremacy lies with the
Parliament and monarchy where the king is the supreme. Rule of law
is strictly followed. In India also, supremacy lies over the Constitution

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Diversity is maintained
India consists of the population from different races and religions. The
government adopted a secular idea which was added in Preamble
through the 42nd Amendment Act, 1976. India is a secular country
which means India cannot promote one religion or race.

Unitary or Non- Federal Features

In Unitary form of government, power is fully vested in the central
government. It is a type of political system where most power lies
with the Central Government. Britain and Sri Lanka have a unitary
form of government. In India, the Central Government exercises full
control over the smaller government in many cases. Prof. K.C Wheare
has defined India as “a quasi-federal state”. There are some non –
federal features in Indian Government and these are as follows:

Division of power is not equal

Despite being a quasi-federal state, in India, the Central Government
acquires more powers than State Government during the time of
emergency. Powers is not equally distributed among Centre and State.

A Constitution is not strictly rigid

The Federal States have a rigid constitution but in India Parliament
may amend the constitution even without approval from the state
legislature. There is a frequent amendment in the Indian Constitution.
There is a total of 103 Constitutional Amendment until now. The Last
amendment was “Economic Reservation in India”.

Single Constitution
India is governed by only one Constitution for both tiers of
government whereas federation like the United States have two
constitutions governing central and state separately.

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Centre’s control over States
The Central Government may encroach the area of State Government
in case of emergency and public welfare, but vice-versa is not
possible. In case of conflict of laws in Concurrent List made by both
the government, laws made by central always prevail.

Rajya Sabha does not represent the

equality of the States
Both houses in Indian Parliament do not have equal representation.
Rajya Sabha being upper house have less representation in Parliament
than Lower House (Lok Sabha). Very few states have their members
representing in Parliament due to which they lack in various
opportunities.

Existence of States depends on the

Centre
Under Article 2 to 4 and Schedule-I of the Indian Constitution, centre
derives power to create a new state. So, the power of the formation of
a new state solely depends upon the centre.

Proclamation of emergency
Under Article 352, 356 and 360, at the time of declaration of
emergency central government becomes more powerful than the
State Government and state loses its autonomy. At the time of
emergency, the Indian system shows unitary feature which hampers
federalism

Single citizenship

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Indian citizens acquire single citizenship, i.e. Citizenship of nation
whereas U.S citizens acquire citizenship of state as well as central
(dual citizenship). There is a system of double citizenship in the US.

Unified judiciary
Supreme Court is the apex court among all the courts. High courts are
higher in the State’s judicial administration but they are subordinate
to the Supreme Court.

Federalism in the USA

The United States of America has adopted the federal form of
Government. It is the method of government where the Central
Government works in their domain without encroaching upon the
domain of fifty states. There is a balance of power between the states
and the centre.

The 10th amendment in the US constitution talks about the structure

of federalism. The tenth amendment of the US Constitution gave the
states the power to make the laws in the subject which is not
delegated to the Central Government. The State Government may
regulate whatever not given to the centre.

Example – According to Article I, Section 8 of the US constitution,

Centre (Congress) has power relating to coining money and declaring
war. This express provision prohibits the states from all the things
relating to coining money and declaring war. India has brought a
federal system from the United States.

Article VI, Section 2 of the US Constitution states about the

supremacy clause. It is an important part of Federalism. It talks about
the power which the federal government may perform or which the
federal government does not have. The supremacy clause states that
the Constitution and the federal laws are the “Supreme Law of the
Land’. In the famous case of McCulloch vs. Maryland[4], Chief Justice
John Marshall defines the principle that the supremacy clause means
states cannot regulate, interfere or control federal issues. Where there

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is a conflict between state law and the central law, supremacy clause
works

Government of India Act, 1935 Constitution of India, 1950

Describes India as a “ Federation

Describes India as a “Union of States”.
of States”.

An Instrument of Accession gives There is no concept of state secession. Only

power to princely state either to Jammu and Kashmir have a concept
stay out of federation or join it. of Instrument of Accession under Article 370.

British King or Queen and

Governor-General was a political President became head of Union.
head.

States holds right to mint coins, Union has power to mint coins, there is only on
maintain state paramilitary forces, flag for the whole nation and Para Military is
may use state flags. controlled under Union Government.

Every state has a similar criminal code” except

States had independent criminal
Jammu and Kashmir. And except Goa and Jamm
codes and civil codes.
and Kashmir, every state has a similar civil cod

Governors for the Provinces were President appoints Governor-General

appointed by Governor-General. under Article 155.

Governor-General has the right to

Parliament of India has the right to modify,
modify, create and dissolve
create and dissolve states.
provinces.

Powers are distributed into Federal

Powers are distributed into State List, Union Lis
list, concurrent list and Provincial
and the Concurrent List under Schedule VII
List.

Governor-General has residuary

Parliament has residuary powers.
powers.

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 Governor-General may declare a Under Article 356, the President has the power
provincial emergency. declaring state emergency on advice of Union.

During Provincial Emergency,

Parliament has the power to make law during a
Governor-General alone makes
state emergency.
laws for that province.

Governor-General may declare a There is no concept of the imposition of

Federal emergency. emergency upon the union.

Amendment in any provision of the

Amendment in any Act, Code or Constitution is
Act is done by the British
done by Parliament under Article 368.
Parliament.

to invalidate state law, if central law is in pursuance of the US

Constitution.

Government of India Act, 1935 vs Constitution of India, 1950

Government of India Act, 1935 was passed by the British Parliament

on August 1935. It was the longest Act ever passed by the British
Parliament. But after independence, sovereign India has its own
Constitution which was enforced on 26 January 1950. This constitution
reflects some provisions from Act of 1935. Here is a comparison
between both:

From the very first Article of the Indian Constitution, it is clear that
“India is a Union of States”. No state has the power to secede from
the union. They have power in their domain, which shows that the
Indian Constitution has a federal structure. Some of the features of
the Indian Constitution which make it a federal state are: What makes
India a federal Country

Division of Power
Constitution of India provides a division of powers between the
Central Government (Union) and State Government. Under Article
246, Schedule-VII of the Constitution, three lists were given:- Union
List, State List, and Concurrent List. The Centre is required to control

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the subjects given under Union List i.e. List I, whereas State controls
the subjects enlisted in Entries of State List i.e. List II. Concurrent List
or List III contains entries in which both the Government may make
laws.

One government is not allowed to encroach the sphere of others. This

maintains the principle of separation of power.

 Legislative powers
Legislative Power of state and centre differ from each other. State
Government have power over jurisdiction of its territory but
Parliament has power over the whole territory of India. Article 245 –
255 of Part XI of Indian Constitution envisages State – Centre
relations.

Union List
Union List is the List- I provided in Schedule VII (Article 246) of
Constitution with 97 Entries. The subjects in the list includes Foreign
Affairs, Defence, War and Peace, Currency and Coinage, Atomic
Energy, Railways, National Resource, Citizenship, Post and Telegraph,
Foreign Trade, Navigation and Shipping, Inter-State Trade and
Commerce, Insurance, Banking, National Highways, Election, Census,
Institutions of Higher Education and others.

State List
State List is the List- II provided in Schedule VII (Article 246) of
Constitution with 66 Entries. State Legislatures make laws in the
subjects provided under this list. Subjects in the List includes Police,
Public Order, Prisons, State Court Fees, Public Health and Sanitation,
Pilgrimages within India, Hospitals and Dispensaries, Communications,
Agriculture, Intoxicating Liquors, Irrigation and Canals, Fisheries, road
passenger tax and goods tax and others.

Concurrent List
Concurrent List contains 47 Entries on different subjects. It is List III
of Schedule VII. In this list, both Government may make laws.
Subjects in the list include Civil Procedure, Criminal Procedure,
Criminal Law, Contempt of Court, Evidence and Oaths, Trust and

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Trustees, Administration of Justice, Forests, Education, Protection of
Wild Animals and Birds, Trade Unions, Labour Welfare, Stamp Duties,
Food Stuffs, and others.

 Executive Powers
Executive powers of Centre and State is based on the legislative
powers. They follow the pattern of their legislative competence.
Central Government exercises the power over the subject matter of
Union List. Similarly, States have executive power over the subject
matters mentioned in List II.

President is the Nominal Head of Executives in India. He acquires

authority from Article 52 to 78 of the Constitution. All the executive
powers are vested in him. Council of Ministers with the Prime Minister
as head aid and advise the President in his functions. President of
India acquires many powers through the constitution, but they are
exercised by his ministers. Therefore, he is a nominal head rather
than real head like President of the USA.

Whereas Executive power of the state is vested upon Governor who

acquires authority from Article 153 to 167. He is empowered to
exercise the executive power of state vested upon him either directly
or through officers.

 Financial Powers
The Financial Power of centre and state are different. Where annual
budget of a nation is laid before Parliament of India with the approval
of the President, the annual budget of the state is presented in the
State Legislative Assembly with the prior approval of the Governor.

 Disputes
Sometimes one government encroaches the sphere of the other
government which results in the dispute between the two
governments. There are several mechanisms provided in the Indian
Constitution for the settlement of Union and State disputes or inter-
state disputes. These judicial mechanisms are:

Article 131

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This Article talks about Original jurisdiction of the Supreme Court. It
gives express power to the Supreme Court to have original jurisdiction
in any dispute between :

1. Union and one or more states:

2. Union and any state on one side and one or more states on
the other side.
3. Two or more states.

Article 262
This article talks about “Adjudication of disputes relating to waters of
inter-state rivers or river valleys”. Parliament has the power to make
laws relating to any dispute in respect of use, distribution or control of
waters of any inter-state river or river valley. Also, Parliament may
make laws which barred the supreme court and any other court from
the jurisdiction of such disputes or complaints.

Article 263
This article talks about the “Establishment of the inter-state council”.
President may suo moto establish a council for the interest of the
public, and charge them with the duty of:-

1. Inquire and advise states, if disputes arise between them.

2. Investigate and discuss the subject in which some or all state
or union and one or more states have common interests.
3. Make recommendations upon subject and recommendation
for better coordination of policy.

Written Constitution
India has written a constitution and it was written by Prem Behari
Narain Raizada and is the longest written constitution in the world
with 25 Parts, 448 Articles and 12 Schedules. The written constitution
makes India a federal country.

Supremacy of Constitution

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 Constitution of India is the supreme law of the land and this feature
makes India a sovereign country. It derives its authority from the
case Minerva Mills Ltd. & Ors v. Union of India and Ors[5]. This case
not only strengthens the “Doctrine of Basic structure” which was
propounded in Keshvananda Bharti vs. State of Kerala[6] but also
held that all the machinery of government, legislature and executive
and judiciary are bound by the constitution, and nobody is above the
constitution.

USA European Union India

The State has no power to secede

from the Union, but territory may be
Union does not give It is the state’s surrendered or ceded.
power to any state to autonomy. They may
leave the Union. leave at any time. Example: 100th Constitutional
Amendment, where territory is ceded
with Bangladesh.

The states are not

With the consent of
allowed to merge and Under Article 3, a state may split into
citizens, merging or
split unless with the a new state or merge with another
splitting may be
consent of Congress and state to form one.
done.
state which is affected.

There is an indirect election of a head

There is a direct election
of union i.e. President. But Union
by citizens to elect their There is no head of
Government head i.e. Prime Minister
head through an the European Union.
is directly elected by the citizens of
electoral college.
the nation.

There is free movement Free movement of Constitution authorises the free

of goods and labour Goods and Labour movement of goods and labour
within the states. across the states. under Article 300 and 303.

They are also

They are considered a
considered to be a
highly developed India is a developing country.
highly developed
democratic country.
democratic country.

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 They comprised of
Union government
the single currency Union Government has control of
control single currency,
but individual armed single currency, common armed
armed forces and
forces and foreign forces and single foreign policy.
foreign policy.
policy.

Rights of raising tax and Constitutional rights of imposing a

Has no power to
to impose tax vested in tax and raising debts are vested
raise taxes.
the state. upon the state.

There is a high standard There is a high

There is a speedy trial of justice in
of the judiciary and standard of the
some cases while in some other
speedy delivery of judiciary and speedy
cases there is a delay injustice.
justice. delivery of justice.

President appoints a head of the

There is a direct or
state i.e. Governor under Article 155
indirect election of a
Citizens of the state of the Indian Constitution whereas
head of constituent
directly elect their head. the head of state government i.e.
units of the
Chief Minister is directly elected by
European Union.
the people of the state

Supreme Judiciary
Constitutional supremacy is somehow related to the supreme
judiciary. Judiciary is supreme in its sector but it cannot exceed limits
as prescribed by the constitution of India. Judiciary may declare any
law passed by the legislature as unconstitutional if they find that law
against the “Rule of Law”. Supreme Court’s judgement is final in any
dispute and it has a strong binding effect on other courts.

Bi-Cameral Legislation
Like many federal countries, India also has bi-cameral legislation.
There are two houses present in Parliament of India i.e Upper House
(Rajya Sabha) and lower house ( Lok Sabha). For any amendment in
the constitution or any laws, a bill is required to pass by both the
houses.

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Comparison with the USA and EU
Quasi Federalism
Quasi federalism is a mixed form of government, having a federal
structure with some unitary features e.g. India and Canada. In this
form of government, though there have separation of power between
the Central Government and State Government, power or major
control lies with the central government.

India is a quasi-federal country. India is a union of states working on

the principle of Distribution of Power. All 29 states acquire authority to
make laws in the areas provided in the Schedule-VII, List-II. Also,
State government may make laws in the entries provided in the List-
III i.e. Concurrent list. But, if any dispute arises in the subject matter
of Concurrent List, laws made by the central government will always
prevail. Strong central machinery makes Indian system a quasi-
federal Government.

Central Government becomes more powerful in case of emergency,

conflict in-laws made by the entries in the concurrent list, in the
appointment of governor of states through the President, Parliament
power to change the boundaries of states, single citizenship etc.

Fiscal Federalism
Fiscal Federalism is a term first given by American Economist Richard
Musgrave in 1959. Fiscal Federalism deals with the division of
functions and financial relations between different levels of
government.

It is the distribution of various functions and financial matters of

government relating to expenditure and tax of the public with different
tiers of government. Both levels of Government share tax and spend
policies. The Union Government provides funds and grants to the state
government for their development is to work in fiscal federalism. It is
an arrangement of distribution of tax between the Union Government
and State Government

Distribution of financial relationship is necessary for the betterment of

the nation. The Union cannot approach to local to see what they need

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for their development. As responsibilities about expenditure and tax
get divided among different levels of government, people will take
more benefits from it.

Main Aspect of Fiscal Federalism

 Division of Functions
 Revenue Powers of the Center.
 Revenue Power of the State.
 Division of Borrowing power.
 Fiscal imbalances in India.

Fiscal Federalism in India

In India, responsibilities relating to expenditure and tax is distributed
among Union government and State Government. Fiscal federalism in
India is important for the successful operation of federalism. It is also
required that both the governments i.e. Centre and State should work
independently in these matters so that they can raise adequate
revenues.

Schedule VII (Article 246) of Indian Constitution lays down three lists
on various subjects of national importance. Lists also include entries
relating to the power of taxation. Taxation power of Union and State
differ from each other. The List I (Union List) includes excise duties,
customs and corporation tax, agricultural income etc. On the other
hand, List-II (State List) includes excise on Alcoholic liquors, Land
Revenue, estate duty, tax on agricultural incomes etc. These separate
list on the power of taxation provides for the share of resources
available to the Centre or State. Also, the state has shared resources
that are available to the centre.

Division of Taxing Power

India being a federal country doesn’t follow the principle of separation
of power in a strict sense. India governs through the mechanism of
“Distribution of Power”. The power of making laws relating to taxes
are also distributed among Union and States and include in the
distribution of legislative powers. Union Government makes laws to
levy a tax on the subjects given in List I of the Schedule VII whereas

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State Government levy taxes on the subjects provides in List II of the
same subject. List III (Concurrent List) does not include any important
taxes.

There are 12 items of taxation under the Union List, these taxes were
divided into four parts. These are-

1. Taxes which are levied by Union and Collected by Union and

profit is retained by Union. Example: Corporation Tax, Capital
Gain Tax, Custom Tax.
2. Taxes which are levied and collected by the Union and share
with the state. Example: Income Tax other than Agriculture,
Duties on Tobacco, Taxes on Stock Exchange.
3. Taxes which are levied and collected by the Union but the
whole amount is sent to the state. Example: Terminal Tax,
Death Duty, Excise duty.
4. Taxes which are levied by Union and which are collected by
State.
Example: Excise duty on medical and mix drugs medicines, stamp
duty on financial documents.

101st (One Hundred and First) Amendment of constitution talks Goods

and Services Tax. Amendment inserted Article 246A stating that State
Legislature has the power to make laws relating to Goods and
Services Tax imposed by Union. It also amended the Entry 84 of List
I (Union List) and Entry 52 and 62 of List II (State List).

Cooperative Federalism in India

Federalism means where power is divided among Union and Centre.
But India has the feature of Quasi-Federalism because Union has
slightly more power than State. The concept of cooperative federalism
evolve so that Union and State do not have any tussle relating to
power, instead, they cooperate to achieve development.

Cooperative federalism means a subset, where central government,

state government and local government works in cooperation or
collective manner to resolve a common problem. It is harmonious
working between the centre, state and other local bodies by
coordinating and supporting each other. This system forms a
relationship were Central Government holds higher hand in policy and

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the behaviour of State Government. The Central government provide
funds to the state for various works and implement policies.

India is a vast country with extreme diversity and enormity. India is

“an indestructible union of destructible states”. States are an integral
part of the country and they cannot secede from the Union of India.
Article 1 states that “India is a Union of States”. Constitution gives
more power to the union to make it stronger than states. But for the
development process and enhance the progress of regions in the
nation, cooperation between the Union and State is important.

Center State Relations: Division

of powers between the Union and
the State Governments
Indian Constitution distributes powers between the Centre and State
for the proper functioning of Legislation, Administration and Financial.
Part XI of Indian Constitution talks about “Relations Between the
Union and the States”. In this Part, Chapter I deals with Legislative
Relations and Chapter II deals with Administrative Relations. Part XII,
Chapter I deals with “Distribution of Revenues between the Union and
the States”.

Legislative Relations
Legislative Relations is provided from Article 245 to 255 in Part XI,
Chapter I. The State Legislation has powered up to their territorial
jurisdiction. The State legislature may make laws for the state in the
subjects mentioned in State List (List II) and also subject provided in
the Concurrent List (List III) and they are confined to that only.

Whereas the Union has quite vast power about the state. Because
they not only make laws in the subject provided in Union List (List I)
but in case of conflict in respect of subject provided in the Concurrent
List (List III) laws made by Union will prevail. In case of emergency,
the state loses its power to make law and all the lawmaking authority
shifts to Union.

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Administrative Relations
Administrative Relations is provided from Article 256-263 in Part XI,
Chapter II. the relation between Union and State in the executive
matter is coextensive with the legislative matters. This refers to the
power of state government concerning executive matter extends up to
the subjects of legislative jurisdiction. This means executives of the
state have power up to List II.

Whereas Union has the power over the matters in which Parliament
has lawmaking power. Also, under Article 73 of the Indian
Constitution, it is stated that the Executive power of Central extend to
the matter in which Parliament has power and to exercise the rights
conferred by treaty or agreement.

Financial Relations
Financial Relations is provided in Part XII, Chapter1 from Article 264
to 281. Union and State work together to maintain the nation’s
economy. Union makes laws on the Tax subject provided in List I.
Union collects, levy and appropriate revenue on the items listed in the
Union List.

Example: Custom Duties etc.

State make laws on the tax subject provided in List II. State collect,
levy and appropriate revenue on the items listed in the State List.

Example: Tax on Agricultural Income, Land Revenue etc. State also

collect certain revenue which Union levy upon them. Stamp Duties is
one of them.

Some taxes are collected and levied by the Union Government but
these are distributed between State and States. Excise Duties is one
of them.

15 issues and challenges faced

by Indian Federalism

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India is a Union of States, and all the states diverse from each other
in language, religion or race. Managing a country with such a vast
diversity cause many challenges, which is tackled by the government.
These are:

Regionalism
Federalism leads to the distribution of powers among states. When
state works according to the democratic system they sometimes feel
like left out. Centre starts focusing upon bigger states due to which
smaller states feel neglected. This tussle between Union and State
leads in demanding freedom from the Union.

Example: Northeast states feel neglected on many occasions,

demanding of a new state from the other such as Uttarakhand from
Uttar Pradesh, Telangana from Andhra Pradesh etc.

Division of Power
India follows the principle of Division of Powers. Constitution has
distributed the powers between State and Union. Where Union works
in accordance with List I, State works in accordance with List-II.
Concurrent List gives power to both State and Union to make laws in
the matter provided in the list.

But due to some unitary feature, Union supersedes the States in many
cases. In case of conflict relating to the subject matter of Concurrent
List, Emergency, Article 200 which talks about the reservation of State
Bills by the Governor for consideration of President etc.

Absence of Fiscal Federalism

Fiscal federalism means the distribution of responsibilities among
Union and States relating to financial expenditure and tax. But in the
true sense, the Union holds much power than the state. Union have
finance commission who decides the share of the state in the centre’s
revenue, also they get grants from the Planning Commission. This
mechanism creates an imbalance in the system.

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Unequal representation of units
Indian federalism has no provision dealing with equal representation
of states in Upper House i.e. Rajya Sabha unlike many federations in
the world.

Centralized amendment power

Amendment power under Article 368 lies with the centre. Centre may
amend any provision without considering state. Even state ratification
is used in a limited area. Whereas the power to amend in a federal
form of government lies on both, State and Union.

The indestructible union with

destructible units
According to Article 1 of the Constitution, India is a Union of State.
Constitution does not give the power of secession to any state from
the Union of India. However, frequent demand from Northeastern
causes a threat to its federalism.

According to Article 2 to 4, the Constitution gives power to the Union

to change the boundaries and territory of states. This power solely lies
with Parliament whereas in true federation a prior consent from the
state is required to change their geographical territory.

Office of the governor

In India, Governor of State is appointed by the President of India
under his hand and seal (Article 155) and he holds office during the
pleasure of president (Article 156). Though Governor is State
Executive head, he is superseded by President in many matters.

The imposition of President’s rule in any state under Article 356 on the
report of Governor, questions the federal structure of India when
there is elected Government in the State.

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Single constitution and citizenship
India has one constitution for all states except Jammu and Kashmir
which has its constitution. There is a single citizenship formula in India
that means people acquire citizenship of nation and there is no
concept of state citizenship unlike the United States of America. This
is based on the idea of “one nation one citizen”.

Integrated services
India has integrated services of Judiciary, election, account, and
audits. There is no separate platform dealing with this service in the
state. Judiciary works in a hierarchy from the Supreme Court to the
District Court. High Courts are higher judicial administration in the
state but they are subordinate to the Supreme Court. They cannot
deal with state matters especially.

The election in Central legislature and State Legislature is conducted

by the Election Commission of India. And the process of both the
election is the same. In-State Legislature Election, Chief Electoral
Officer (CEO) has the responsibility of election but he is supervised by
Election Commission.

Centralised planning
India has a Planning Commission which works for Centre and State
both. The state has a financial dependency upon Centre which means
they have to first pass a budget in their legislature for any works and
development in State. Union have power for National and State
planning, and with this, they pass a budget for State.

Example: Mahatma Gandhi National Rural Employment Guarantee Act

(MGNREGA), Swarnjayanti Gram Yojana (SGSY), Indira Awaas Yojana
(IAY) etc all are Rural Development program initiated by the Planning
Commission.

Language conflicts

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Part XVII of the Constitution of India speaks about “Official Language”
from Article 343 to 351. Schedule VIII of the Indian Constitution
specifies 22 languages. There are thousands of languages spoken in
different regions of the country. There is tussle in India for one official
language. Hindi is always opposed as an official language by the
Southern States.

Issue of religion
India is a secular state and it has incorporated the concept in the
Constitution through the 42nd Amendment. Word “Secular” was
inserted in the Preamble. India is a country which does not promote
one religion. There is no special status to one religion.

But India is a diverse country with people from a different religion.

Fight between two religions and feeling of neglect by one religion
makes Indian Federalism weak.

Economic incompatibilities of the unit

In India, economic compatibility of all states is not equal. Some are
declared poor whereas some afford luxurious lives. When there is an
economic difference and fiscal incompatibility it causes a threat to the
federation.

Physical environment
Sometimes physical environment makes hurdles for the Government
to keep in touch with all of its units. These hurdles may be created by
difficulty in transportation or communication by which central
becomes unable to connect with state. Due to this state feels
neglected and receives less resource for their development.

Example: Northern Eastern states.

External forces

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Nowadays, External forces are becoming popular reasons for the
disturbance in the Federal structure of India. Continuous ceasefire at
LOC, China claim on a portion of Arunachal Pradesh etc, cause an
internal disturbance in Indian federal structure.

Conclusion
Indian structure of Government is federal with some feature of Unitary
form of Government. Union and State follow the principle of
separation of power but not in the strict sense. Principle of
Distribution of powers is usually followed in India. This makes India a
federal country of its own types. For easy convenience, it is described
as Quasi- Federal Country.

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