Section 1 · 8.1
Features of Indian Federalism
Textbook pp. 81–82
Core Concept / Definition
The chapter begins with the idea that a federal set-up has two tiers of government with well-assigned powers and functions. The Central Government and the governments of the units operate within a defined sphere, coordinate with each other and, at the same time, act independently. The federal polity therefore provides a constitutional device for bringing unity in diversity and achieving common national goals.
Written Constitution
A federation requires a written Constitution so that both the Union Government and the States can refer to it when necessary. The chapter describes the Constitution of India as a written document and the most elaborate Constitution of the world. It establishes the supremacy of the Constitution because the Union and the States receive their powers from it and are expected to function independently within their respective spheres.
Rigid Constitution
In a federal system, the procedure for amendment is normally rigid. The chapter explains that some amendments in India require a special majority: a majority of the total members of each House of Parliament together with a two-thirds majority of the members present and voting. For some amendments, approval by at least 50% of the States is also required. After this process, the amendment is signed by the President. On this basis, the chapter describes the Indian Constitution as rigid.
Division of Powers
There is a clear division of powers between the Centre and the States. The chapter sets out three lists: the Union List with 97 subjects of national importance, the State List with 66 subjects of local interest, and the Concurrent List with 47 subjects of common interest. Examples given in the chapter include Defence, Railways and Post and Telegraph in the Union List; Public Health and Police in the State List; and Electricity, Trade Union, and Economic and Social Planning in the Concurrent List.
Supremacy of the Judiciary
An independent judiciary is presented as another important federal feature. The Supreme Court of India has original jurisdiction to settle disputes between the Union and the States. It may also declare a law unconstitutional if it contravenes a provision of the Constitution.
Exam focus: Remember the four federal features emphasized in Section 8.1: written Constitution, rigid Constitution, division of powers, and supremacy of the judiciary.
Section 2 · 8.2
Nature of the Indian Federation
Textbook pp. 83–84
Federal Structure with Non-Federal Features
The chapter explains that, despite its federal structure, it is difficult to place the Indian Constitution in the category of a true federation. The framers incorporated several non-federal features. Article I describes India as a Union of States. This means that the Union is not the result of an agreement among States and that the States have no freedom to secede or separate from the Union. The Constitution of the Union and States forms a single framework within which both must function. The federation is therefore described as a union because it is indestructible and helps maintain the unity of the country.
Features that Strengthen the Centre
The Centre appoints the Governors of the States and may take over the administration of a State on the recommendation of the Governor or otherwise. The chapter states that the Governor has acted more as the Centre’s representative than as the head of the State, enabling Union control over State administration. The Union’s control over States also increases after the imposition of National Emergency.
Unlike a true federation where units may have equal representation in the upper House, Indian States have unequal representation in the Rajya Sabha. The chapter contrasts this with the United States of America, where each State sends two representatives to the Senate irrespective of area or population.
Other non-federal features listed are important appointments by the Union Government, single citizenship, absence of separate State Constitutions, and the fact that States cannot propose amendments to the Constitution. Amendments can only be made by the Union Parliament. All India Services such as IAS and IPS are kept under Union control. Financially, States depend upon the Union to a great extent, and during Financial Emergency the Centre can exercise full control over State finances. The Union can also depute Central Forces to disturbed areas, while Parliament may increase or decrease the area of a State and alter its name and boundaries.
Overall Character
The chapter emphasizes that the federal principle normally envisages a dual system of Courts, whereas India has a unified judiciary with the Supreme Court at the apex. The Union is assigned important subjects and the States have limited powers. The chapter therefore concludes that there is a tilt in favour of the Centre and describes India as federal in form but unitary in spirit. Constitutional experts, as cited in the chapter, have called it a semi-federal or quasi-federal system.
Section 3 · 8.3.1
Centre-State Relations: Legislative Relations
Textbook pp. 84–85
Core Concept
The relations between the Centre and the States are described as the core of federalism and are placed in Parts XI and XII of the Constitution under legislative, administrative and financial relations. Legislative relations begin with the threefold division of legislative powers.
Working of the Three Lists
The Union List contains 97 subjects of national interest. Parliament has the exclusive power to enact laws on these subjects for the entire country. The chapter names Defence, Railways, Post and Telegraph, Income Tax and Custom Duties among the important subjects.
The State List contains 66 subjects of local interest. State Legislatures are empowered to make laws on subjects in this list, including Trade and Commerce within the State, Police, Fisheries, Forests and Industries.
The Concurrent List contains 47 subjects of common interest. Both Parliament and State Legislatures can make laws on these subjects. The chapter gives examples such as Stamp Duties, Drugs and Poison, Electricity and Newspapers. Where a Union law and a State law conflict on the same Concurrent List subject, the Union law prevails.
Residuary and Special Legislative Power
Power to legislate on subjects not included in any of the three lists is vested in Parliament. The chapter also states that under certain circumstances Parliament can legislate on subjects mentioned in the State List.
Remember the structure: Union List → Parliament has exclusive power; State List → State Legislatures make laws; Concurrent List → both can legislate, but Union law prevails in case of conflict; subjects outside all three lists → Parliament.
Section 4 · 8.3.2–8.3.3
Administrative and Financial Relations
Textbook pp. 85–86
Administrative Relations
The executive power of a State must be exercised so as to ensure compliance with laws made by Parliament. The Union Executive can give directions to a State when necessary. The chapter specifically mentions directions concerning the construction and maintenance of means of communication declared to be of national and military importance, and measures for the protection of Railways.
Parliament can adjudicate on inter-State river disputes, and provision has been made for an Inter-State Council to advise the President on inter-State disputes. A State may also delegate some of its administrative functions relating to State subjects to the Union Government for a specified period.
For administrative uniformity, All India Services such as IAS and IPS have been created. Their members are recruited by the Centre but appointed in the States. According to the chapter, State Governments cannot take disciplinary action against them without the permission of the Centre. The Union’s power to issue directions and the deployment of central police forces are also presented as important sources of Union influence over State administration.
Financial Relations
The Constitution gives both Union and State governments independent sources of revenue. Parliament can levy taxes on subjects in the Union List, while States can levy taxes on subjects in the State List. By and large, taxes with an inter-State base are levied by the Centre and those with a local base by the States.
The chapter groups taxation into five arrangements: taxes levied by the Union but collected and appropriated by the States; taxes levied and collected by the Union but assigned to the States; taxes levied and collected by the Centre and distributable between Centre and States if Parliament provides by law; taxes levied, collected and retained by the Centre; and taxes levied and collected by the Centre and distributed between the Union and States.
The chapter concludes that the Centre is better equipped financially. It can control State finances and provide general and special grants-in-aid for developmental schemes. During Financial Emergency, the President can suspend provisions concerning division of taxes and impose other restrictions on State expenditure. State plans are framed within central priorities and centrally sponsored schemes are carried out with grants and conditions determined by the Centre.
Section 5 · 8.4
Demand for Greater Autonomy and Sarkaria Commission
Textbook pp. 87–89
Why a Strong Centre?
The founding fathers were deeply concerned with the unity and integrity of the country and were aware of forces of disruption and disunity at the time of independence. The chapter states that these dangers could be handled only by a strong government at the Centre. Therefore, the framers assigned a predominant role to the Centre while also providing for co-operative federalism.
Demand for Greater Autonomy
The working of the Indian federation, as described in the chapter, shows that Centre-State relations have not always been cordial. Various commissions were appointed to regulate these relations, and the Union Government appointed the Sarkaria Commission to suggest ways and means to improve Centre-State relations.
Sarkaria Commission: Main Recommendations in the Chapter
The Commission’s recommendations concerned legislative, administrative and financial relations. It did not suggest wholesale structural changes in the basic fabric of the Constitution. It viewed federalism as more of a functional arrangement for co-operative action than a static institutional concept.
It strongly recommended a permanent Inter-State Council. It also stressed concern by both Centre and States for the development of backward territories or areas, stating that planned economic development of backward regions would help control separatist tendencies. Differences between the Union and States should be resolved through mutual consultation. The Commission viewed favourably the demand of States for more financial resources at their disposal and suggested economic liberalization and suitable constitutional amendments to improve Centre-State relations.
Chapter conclusion: The textbook’s final position is that Indian federalism combines federal features with a pronounced central tilt. The Centre’s dominant role was considered necessary for unity and integrity, while co-operative federalism was provided to make Union-State relations workable.