Federal System

Introduction to Federalism

Federalism can be defined as a system of government where the powers are divided equally between the Centre and its various parts, including provinces and states. Federalism is an institutional mechanism for accommodating two different sets of politics: First, at the national level the Centre and secondly, at the provincial and regional levels. While studying for UPSC, the federal system is a crucial part of the syllabus; therefore, a thorough understanding of each concept is important. This article will introduce you to the federal system in India.

Federal System in India

While talking about the federation system, there are two seats that are in absolute power in their own space. A unitary system and the federal system are different from one another. Note there are two different kinds of federations. These include-

Holding Together Federation

• The first one is the holding together federation, where powers are shared between several constituent parts
• In this type of federation, the powers are mostly in the hands of central authority
• Countries like Belgium, India, and Spain are some examples of holding together a federation

Coming Together Federation

• The second is the coming together federation, where independent states are most likely to come together in order to develop a larger unit
• Here, states have larger autonomy
• Countries like Australia, Switzerland and the USA are examples of coming together
• Political scientists have classified governments into federal and unitary systems based on relations between the national government and the regional governments

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India’s Federal System of Government

• As per the Indian Constitution, India has a federal system of government in the country
• The framers of the Constitution adopted federalism in government for two primary reasons– the country’s socio-cultural diversity and the country’s large size
• They thought that the federal system ensures competent governance and establishes national unity
• However, the term ‘federation’ has nowhere been mentioned in the Constitution
• Inspired by the Canadian model of the federal system, the Indian federal system has a powerful centre

Features of the Federal System of India

• Division of powers at various levels: This refers to the separation of powers between the executive, legislative, and judicial branches of government
• Independent judiciary: Courts uphold the law and resolve disputes regardless of the parties’ power or inclinations
• Dual government polity: Existence of two governments, Central and State
• The rigidity of the Constitution: Indian Constitution is partly rigid and partly flexible
• Bicameralism: A form of government in which the legislature is divided into two houses, the Upper House and Lower House

Note, it might be possible that all federal systems do not have the same features as their features may vary from one another based on the federation adopted.

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Federal Features of the Indian Constitution

• India has both states as well as the central government
• Written Constitution: The Indian Constitution is the longest in the world
• It designates state and central governments’ organisation, structure, functions, and power
• According to the 7th schedule of the Constitution of India, the powers are divided between the state and central government through a state and central list
• Constitution Supremacy: Supreme Court is termed the Guardian of the Indian Constitution and is responsible for maintaining its supremacy
• Independent Judiciary: It has fixed service conditions and security of tenure to ensure the Constitution’s supremacy
• Rigid Constitution: In the federal system, amendment procedures are strict
• Bicameral Legislature: Rajya Sabha and Lok Sabha are responsible for ensuring federalism in government

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Unitary Features of the Constitution of India

• Strong Centre: The Union list is lengthier and encompasses more significant subjects than the State list
• There is an upper hand of the Union in matters of Concurrent list and Residuary powers
• States can be reorganised: Article 3 of the Indian Constitution allows the Indian Parliament to create new states or change existing states’ boundaries or designations
• Constitution partly rigid: The Indian Constitution is not entirely rigid as features can be amended according to citizens’ needs
• On the basis of the population of each state, seats in the Rajya Sabha are given out
• The Union Government consists of supreme powers in any emergency (National, Financial, or State)
• New state formation: The power to create new states and union territories in India rests completely with the Indian Parliament
• In order to accomplish so, Parliament might declare new states/union territories or split current ones into smaller ones
• Integrated Judiciary: Supreme Court and High Courts and other Courts under it
• Single citizenship (Switzerland, US); however, Australia contains double citizenship
• In India, only single citizenship is available for the citizens of the country
• This helps in the development of the feeling of nationality as it bridges regional and cultural differences
• All India Services (AIS): They are special in that they are recruited by the centre (Union government in a federal system), but their services are placed under various State cadres, and they are liable to serve both the state and the centre
• Integrated Audit System: Comptroller and Auditor General of India (CAG) audits the accounts of both centres and States
• The Governor is appointed by the President of India
• The Governor acts as a representative of the Centre by which the powers are exercised over States
• Veto power over State Bills: Certain bills agreed by the state government are reserved by the Governor for the second opinion of the President
• The President might withhold assent

Conclusion

In modern India, the federation is a crucial concept whose main feature is the clear and equal division of powers between states and central government. The Indian model of the federation is referred to as a quasi-federal system that primarily contains all the features of a union and federation.