Federal Features of Indian Constitution

02-08-2025

The constitution of any country is the primary document without which a country cannot function. There are countries like India and United States of America having a written constitution and on the other hand countries like the United Kingdom which does not have any written constitution. This however does not mean countries not having any written constitution are functioning without the constitution, it simply means that they are functioning on their unwritten constitution derived primarily from customs and conventions. In any constitution, whether written or unwritten, there is a clear provision giving a specific power to a specific authority. Based on this feature, constitutions globally are categorized into unitary or federal constitution.

A unitary constitution is the one having only one legislating authority at the central level. All the powers are granted to that authority and there is no concept of autonomy of constituent states or provinces. Contrary to this, there are federal constitutions which have a two-tear system of governance, the union and the states. In a completely federal structure like USA and Canada, the states have complete autonomy having minimal intervention of union.

India follows a unique system different form both the structures. In India, there is a principle of quasi-federal structure, a term coined for Indian constitution by K.C. Wheare. India follows the structure of federal constitution during ordinary times. But there is a provision of unitary structure during emergency where all the powers of state legislature are directly exercised by the union legislature. Article 1 of the Indian Constitution states, ‘India, that is Bharat, shall be a union of states. The word federation is not mentioned in the constitution purposely.The federal feature of Indian constitution includes, seventh schedule having three lists, supremacy of the constitution and independence of judiciary besides others. The unitary features of the Indian constitution are flexibility of the constitution, more powers to the parliament, unequal representation of states in parliament, emergency provisions and single citizenship.

Though India does not follow the principle of federalism in its absolute rigidity, yet federalism is one of the most powerful pillars of the democratic system of India and it was rightly held by the hon’ble Supreme Court of India as a part of basic structure by a 13 judgesbench in Kesavananda Bharti v. Union of India. Though quasi-federal system dilutes the system of federalism, it is undoubtedly working smoothly for India and has been a very strong tool in balancing the union-state relations in India.

The Indian Constitution is a meticulously drafted document that lays down the framework for the governance of the country. It is the supreme law of the land, and all laws and policies must conform to it. Having a written constitution helps in minimizing ambiguity and provides a clear reference for resolving disputes.While the Indian Constitution is not as rigid as the American Constitution, it does require a special procedure for amendments, especially those affecting the federal structure. This ensures that any significant changes to the balance of power between the Union and States require broad consensus and cannot be made unilaterally.

One of the most significant features of Indian federalism is the division of powers between the Union and State governments. This division is outlined in the Seventh Schedule of the Constitution, which consists of three lists, union list, state list and a concurrent list. The union list contains subjects on which only the union government can legislate and includesdefense, foreign affairs, atomic energy, and banking.The state list includes subjects on which only the state governments can legislate and includes police, public health, agriculture, and prisons.Theconcurrent list comprises of the subjects on which both the union and state governments can legislate and includes education, marriage and divorce, bankruptcy and insolvency, and criminal law.In case of any conflict, the union law prevails generally.This division of powers ensures that both levels of government have their distinct areas of authority, reducing the chances of conflicts and overlapping responsibilities.

One of the pillars of Indian federalism is an independent judiciary. The judiciary acts as the guardian of the Constitution and ensures that both the union and state governments operate within their respective domains. The judiciary has the power to review laws and executive actions to ensure they conform to the constitution. If any law or action violates the constitutional provisions, the judiciary can strike it down. This acts as a check on the legislative and executive branches of both the union and state governments. This principle is called the judicial review.The judiciary also resolves disputes between the union and state governments and among the states themselves. This helps in maintaining harmony and cooperation among the different levels of government.

The Indian Parliament is bicameral, meaning it has two houses – the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). This bicameral structure is another key federal feature of the Indian Constitution. Members of the Lok Sabha are directly elected by the people of India. The Lok Sabha represents the population and is responsible for making laws and policies at the national level. Members of the Rajya Sabha are elected by the elected members of the state legislative assemblies. The Rajya Sabha represents the interests of the states and acts as a check on the Lok Sabha. It ensures that the states have a voice in the national legislative process.This bicameral system ensures that both the union and state governments have a say in the legislative process, promoting a balance of power and preventing the dominance of one level of government over the other.

The federal features of the Indian constitution play a crucial role in maintaining the balance of power between the union and state governments. By providing a clear division of powers, ensuring checks and balances, and promoting flexibility and adaptability, these features support the federal structure and contribute to the efficient governance of our diverse nation.