Abstract
India, is not unitary neither truly federal. The system of governance in India can be called Quasi-Federal, which is a harmonious combination of two. Under this system of governance, the federal units, the states have been given substantial independent powers along with enormous powers for the purpose of maintaining the integrity of the nation.. This research paper aims to understand the unique characteristics of Quasi-Federal form of government and its implementation in India.. It wants to study the historical background in which Quasi-Federal structure of government in India emerged and how it developed. The aims to understand the constitutional and legal framework this system can be reformed to solve the issues present in its working of this system Ultimately, it aims to study the importance and relevance of India’s Quasi-Federal form of governance.
1. Introduction
1.1 What Is Federal State?
The word federation emerges from root word ‘foedus’ which means power-sharing, partnership or alliance. Federalism is a system of governance in where there is distribution of powers among various units where a supreme constitution demarcating clear division of powers and presence of an independence judiciary to ensure functioning of governance as per the system established.
There is an existence of national as well as local government where each of them are cooperative and coordinating units. These units function with sense of mutual respect for each other’s power. Although, conflict is inevitable in such a system. However, it is resolved through established procedure of law.[1] There are around twenty-five federal countries which include countries like USA, Mexico, India etc. and constitute 40 percent of world population.[2]
1.2 What Is Unitary State?
Unitary state is a type of state where all powers are concentrated in the National government. If units exist, they merely are subordinate of the national government. They are a product of will of the union government and exist until the union government allows them to exist. They exist at the mercy of national government and are its agents.
1.3 What Is Quasi-Federalism?
Quasi-Federalism is a system of governance where there is presence of federal and unitary characteristics. There is existence of central and regional governments with clear demarcation of powers, but the center is made more powerful than the state.
1.4 System Of Governance In India
Indian Constitution’s article 1 declares “India that is Bharat shall be a union of states”.[3] But, constitution nowhere mentions the word ‘federal’ throughout the text. The provisions of the Constitution make it clear that India has adopted a quasi-federal government where there existence of union and state government with constitution clearly demarcating the powers of both levels.
A third level of governance was established by 73rd and 74th Amendment act, 1992 which established a third tier of government called panchayat and municipalities (local self-government). But, central government was made powerful in comparison with the states in order to ensure the unity of the nation. “Indian Constitution is a unique blend of Unitarianism and Federalism since it has all necessary features of a federation along with such features which make it a unitary one. This combination cannot be ignored.”.[4]
2. Causes, History And Evolution Of Quasi-Federal Government In India
The establishment of Quasi-federal form of governance in India is not merely product of Constitutional provisions that was established in 1950. It is a product of historical evolution and the nature of Indian Society.
Historical And Social Causes Behind Establishing A Strong Center
Situation At The Time Of Independence
The cause behind establishment of a federation with strong Union can be attributed to the situation in at the time of Independence. The political, social and economic situation of the country was in turmoil. India’s independence came with partition, communal politics and bloodshed. The economy left by British was in turmoil with widespread poverty. The principle of egalitarianism was guiding the makers of the constitution.[5] Therefore, to maintain integrity of the nation and facilitate coordinated growth, a strong center was put in place by the constitution.
Influence Of British
The present system of Federalism in India started to develop in Era itself. Simon report of 1930 put supported the idea of a federation in India. The idea got strengthened in first round table conference. Subsequently, Government of India act 1935 provided the country with experience of federal government which was evolved by the constituent assembly.[6]
Diversity Of The Nation
India’s diversity is one of the most vibrant in the world. In the establishment of a Quasi-Federation, the religious and linguistic diversity of India was also a consideration.[7] Establishment of a strong center was the need of the hour in order to keep the entire nation together along with conferring autonomy to various communities within the framework of constitution.
Evolution And Development Of Federation In India Since Independence
The history of federalism in India can be classified into five phases:
The First Phase (1950-67)
This phase was marked by dominance of dominance of center over states. Most states and center was being ruled by Indian National Congress. Planning commission asserting centralized financial control was also established during this period.[8]
The Second Phase (1966-77)
The second phase saw the degradation of congress authority and use of measures like misuse of emergency powers under article 356 and arbitrary establishment of President’s rule. It saw the rise of Indira Gandhi which culminated with the imposition of National Emergency which made India more like a unitary state.[9]
Third Phase (1977-89)
Because of the excesses committed during emergency, Janta Party came to power. It declared its commitment to decentralization of economic and political power. But, it continued the earlier trend of by dismissing the congress governments.[10]
Fourth Phase (1989-2014)
The fourth phase marked the actual formation of federation in India as per the constitutional provisions. 1989 started the era of coalitions in India. Central governments which were established were a product of support of regional parties. Various governments changed during the period.[11]
Fifth Period (2014-Present)
NDA government was established in 2014. The government aims at establishing a cooperative federalism. Federalism in India from then have worked in a stable manner as per the principles laid by the constitution. Eventual disputes, if any, were resolved through the procedure established by law.
The Constitutional Basis Of Indian Federalism
It is often convenient to categorize things into broad extremes: ‘rigid’ and ‘flexible’, ‘written’ or ‘unwritten’, ‘unitary’ and ‘federal’. The division is not as watertight as one assumes since constitution of countries are not just legal documents, but are framed by a number of factors inherent in the circumstances and nature of the people for whom the constitution is being designed.[12] It can be debated whether the constitution of India is unitary or federal[13]
3.1 Characteristics Of Indian Constitution That Make It A Federation
The following are the Characteristics of Indian Constitution that make it a federation:
India To Be A Union Of States
Indian Constitution’s article 1 declares that India will be a union of states with both union and states having separate corporate existence and powers.[14]
Independent Powers Of State And Union
Indian constitution provides for separate constitution, legislative and executive powers for both union and states. As per article 245(1), the right to legislate for entire or a part of India rests with the union while states have the authority to legislate for their respective jurisdictions.[15] Union parliament have the exclusive authority of legislating on the matters in the union list of schedule VII, State has exclusive authority law making in the matters in schedule VII’s State list and as far as concurrent list is concerned, perpetual authority of law making lies with union. However, in absence of union law, states too can legislate.[16]
Union To Have No Power To Unilaterally Change Constitution’s Federal Provisions
In matters concerning the federal division of powers, the amendment procedure requires confirmation by at fifty percent of the states.[17]
Existence Of Supreme Court To Resolve Matters In Case Of Jurisdictional Conflict
One of the important characteristic of a federal constitution is the provision of independent body to preserve equilibrium in the delicate division of power.[18] Indian constitution vests the Supreme Court with the jurisdiction which is original in nature to solve any dispute that arises between the state(s) and union.[19]
Other Federal Principles
Importance federal feature is the mechanism of cooperation and coordination for amicable settlement of disputes.[20] This is achieved by limiting the powers of both states and center on respective matters.[21] To further establish cooperation among states and union, provisions have been put in place for interstate council for inquiry into disputes, mechanism to resolve inter-state water disputes and public recognition of acts, records and proceedings.[22][23][24]
3.2 Non-Federal Features Of The Constitution
Constitution can be said to be federal, but the essence is mostly unitary.[25] The following are the unitary characteristics of Indian Constitution.
Amendment Is Not Truly Federal
Despite few provisions related to states, Parliament has full authority to amend the constitution with no participation of the states.[26]
Absence Of Clear Dual System Of Administration
Both union and state administrative services exist. Within the jurisdiction of the state, the state services execute both union and state laws. Union can confer powers upon the state officials union functions.[27] In relation matters of national or military importance, the union can give order to the states. [28]
Residuary Powers And Concurrent List
The ultimate authority to legislate on subjects in Residue subjects have been conferred upon the union by the grundnorm of the land.[29] Also, state can only make laws in those matters of concurrent list where there is absense of union law.[30]
Invasion Of State Powers By Union In Normal Circumstances
Constitution gives the parliament to legislate on matters in state list if the Council of states passes a resolution by two-third majority.[31] During the proclamation of emergency, the similar powers have been vested in the parliament.[32] Union parliament can also encroach upon the state powers to implement international treaties and agreements.[33]
Emergency Powers
The emergency provisions in article 352, 356 and 360 are important tools in the hands of union through which it can encroach upon the powers of the state governments.[34][35][36]
Governor
The executive authority of the state rests in the governor.[37] Governor is appointed by the president of India.[38] Governor has been given the right to withhold a state bill for president’s assent.[39] President of India has been given the power to withhold or give assent.[40]
Therefore, the structure of Indian Union is Quasi-Federal in nature consisting of both unitary and federal features.
Contemporary Issues And Solutions
The Quasi-federal structure of Indian union that was created to maintain the unity and integrity of the nation faces a number of challenges.
Contemporary Issues
Regionalism
The growing regionalism, due to vested interests, poses big threat to unity and integrity of nation.[41] The best examples for this is the Punjab issue during 1980’s-90’s and the continuing issue of separatism in Jammu and Kashmir.[42]
Resentment Over Power Division
The unequal division of power under the constitution often creates resentment among states since they feel that union have been vested with enormous powers and there is every possible attempt by the union to cripple the state.[43]
Financial Instability Of States
States depend enormously on center for funds since the system of taxation under constitution is very discriminatory against states to such an extent that it almost snatches away states from all financial resources.[44] States are often seen protesting against the criteria employed by Centre to allocate money to the states.[45]
Other Contemporary Issues
States often protest on other issues including water disputes like Punjab, Haryana and Rajasthan.[46] Many states like Assam and Mizoram have boundary disputes.[47]
4.2 Solutions And Way Forward
For maintaining unity and integrity the nation, it is utmost important that we reconcile the grievances of the state. Many measures like Inter-state Councils as prescribed by the constitution can be put in place to solve disputes between the states.[48] The finance commission under article 280 of Indian constitution should be made to function properly. Equitable measures to ensure financial stability of states should be made.
Conclusion
India has adopted a unique system of Quasi-Federal constitution in order to balance the prevailing circumstances and protect the diversity of the country. The ultimate aim of the system was to maintain the unity and integrity of the nation in which it has succeeded. The system of governance put forward in India have worked very well and lack any major disputes. After looking at this unique system, we need to salute to the wisdom of makers of the constitution who made utmost contribution to ensure unity and integrity of the nation.
[1] Pawan Kalyan. Das, Understanding Federation In India, LXXVI The India Journal of Political Science 779, 779 (2015), https://www.jstor.org/stable/26575601.
[2] Forum of Federations, https://forumfed.org/countries/ (last visited Mar. 20, 2025).
[3] INDIA CONST., art. 1.
[4] Baby Hunma, Understanding Indian Federation, 76 Asian Review of Political Science, 792, 792 (2015), https://www.jstor.org/stable/26575604.
[5] Suveer Kapur, Indian Federation Since Independence, 76 The Indian Journal of Political Science 467, 467 (2015), https://www.jstor.org/stable/26534869.
[6] Benjemin N Schoenfold, Federalism in India, 20 The Asian Review of Political Science 52, 52-54 (1959), https://www.jstor.org/stable/42743497.
[7] Supra note 5
[8] ibid.
[9] ibid.
[10] ibid.
[11] ibid.
[12] Arvind Kalyan Ghosal, Federalism in the India’s Constitution, 14 The Indian Journals of Political Science 317, 317 (1953), https://www.jstor.org/stable/41853768.
[13] Surinder Singh, Restructure the Indian Federalism: A perspective, 75 The Indian Journals of Political Science 359, 361 (2014), https://www.jstor.org/stable/24701143.
[14] INDIA CONST., art. 1.
[15] INDIA CONST., Art. 245 cl. 1.
[16] INDIA CONST., Art. 246 cl. 1-3.
[17] INDIA CONST., Art. 368 cl. 2.
[18] R. S. Morkhandikar, The Supreme Court and Federalism in India, 25 The Indian Journal of Political Science 224, 224 (1964), https://www.jstor.org/stable/41854034.
[19] INDIA CONST., art. 131.
[20] Supra note 18.
[21] Supra note 1.
[22] INDIA CONST., art. 261.
[23] INDIA CONST., art. 262.
[24] INDIA CONST., art. 263.
[25] H. M. Rajashekara, The Nature of Indian Federalism: A Critique, 37 Asian Survey 245, 246 (1997), https://www.jstor.org/stable/2645661.
[26] Supra note 17.
[27] INDIA CONST., Art. 258.
[28] INDIA CONST., Art. 257.
[29] INDIA CONST., Art. 248 cl. 1.
[30] INDIA CONST., Art. 246.
[31] INDIA CONST., Art. 249.
[32] INDIA CONST., Art. 250.
[33] INDIA CONST., Art. 253.
[34] INDIA CONST., Art. 352.
[35] INDIA CONST., art. 356.
[36] INDIA CONST., art. 360.
[37] INDIA CONST., art. 154.
[38] INDIA CONST., art. 155.
[39] INDIA CONST., art. 200.
[40] INDIA CONST., art. 201.
[41] Mufti Sahoo, Revisiting Indian Federation: An introduction to contemporary challenges and issues, 4 International Journal of Political Science and Governance 10, 13 (2022), https://www.journalofpoliticalscience.com/uploads/archives/4-1-3-565.pdf.
[42] Indian express, https://indianexpress.com/article/upsc-current-affairs/upsc-essentials/understand-regionalism-indias-approach-to-managing-diverse-identities-9648864/ (last visited Mar. 24, 2025).
[43] Supra note 1.
[44] ibid.
[45] NDTV India, https://www.ndtv.com/india-news/centre-vs-southern-states-over-unfair-allocation-of-funds-in-delhi-today-karnataka-kerala-tamil-nadu-protest-5015959, (last visited Mar 25, 2025).
[46] The Indian Express, https://indianexpress.com/article/explained/the-punjab-haryana-dispute-over-rivers-waters-and-syl-canal-7854049/, (last visited Mar 26, 2025).
[47] The Hindu, https://www.thehindu.com/news/national/other-states/mizoram-assam-agree-to-resolve-border-dispute/article67828550.ece, (last visited Mar 26, 2025).
[48] India Const. art. 263.
Author: Navdeep Singh is a 1st Year B.A. LL.B. (Hons.) student at National University of Study and Research in Law (NUSRL), Ranchi
