QUASI FEDERALISM

1. Background

• The term ‘federalism’ refers to the constitutionally allocated distribution of powers between two or more levels of government in the modern nation-state system, one, at the national level and the other, at the provincial, state or local level. 
• The most salient aspect of a federal form of government is that the governments at both the national and the state level function in their respective jurisdictions with considerable independence from one another. 
• Political scientists have classified governments into unitary and federal based on the nature of relations between the national government and the regional governments. 
• By definition, a unitary government is one in which all the powers are vested in the national government and the regional governments, if at all exist, derive their authority from the national government. 
• A federal government, on the other hand, is one in which powers are divided between the national government and the regional governments by the Constitution itself and both operate in their respective jurisdictions independently. 
• Britain, France, Japan, China, Italy, Belgium, Norway, Sweden, Spain and so on have the unitary model of government while the US, Switzerland, Australia, Canada, Russia, Brazil, Argentina and so on have the federal model of government. 

2. Federal features of Indian Polity-Federal feature of the Indian Constitution 

2.1 Dual Polity 

• The Constitution establishes a dual polity consisting of the Union at the Centre and the states at the periphery. 
• Each is endowed with sovereign powers to be exercised in the field assigned to them respectively by the Constitution.

2.2 Written Constitution 

• The Constitution is not only a written document but also the lengthiest Constitution in the world. 
• Originally, it contained a Preamble, 395 Articles (divided into 22 Parts) and 8 Schedules. 
• At present (2019), it consists of a Preamble, about 470 Articles (divided into 25 Parts) and 12 Schedules. 

2.3 Division of Powers 

• The Constitution divided the powers between the Centre and the states in terms of the Union List, State List and Concurrent List in the Seventh Schedule. 
• The Union List consists of 98 subjects (originally 97), the State List of 59 subjects (originally 66) and the Concurrent List of 52 subjects (originally 47).  
• Both the Centre and the states can make laws on the subjects of the concurrent list, but in case of a conflict, the Central law prevails

• The division of powers established by the Constitution as well as the supremacy of the Constitution can be maintained only if the method of its amendment is rigid. 
• Hence, the Constitution is rigid to the extent that those provisions which are concerned with the federal structure (i.e., Centre-state relations and judicial organisation) can be amended only by the joint action of the Central and state governments.

 2.5 Independent and integrated judiciary 

• The Constitution establishes an independent judiciary headed by the Supreme Court for two purposes:

1. To protect the supremacy of the Constitution by exercising the power of judicial review
2. To settle the disputes between the Centre and the states or between the states. 

2.6 Bicameralism 

• The Constitution provides for a bicameral legislature consisting of an Upper House (Rajya Sabha) and a Lower House (Lok Sabha).  
• The Rajya Sabha represents the states of the Indian Federation, while the Lok Sabha represents the people of India as a whole. 
• The Rajya Sabha (even though a less powerful chamber) is required to maintain the federal equilibrium by protecting the interests of the states against the undue interference of the Centre. 

3. Quasi Federal structure of the Indian Constitution

3.1 Strong Centre 

• The division of powers is in favour of the Centre and highly inequitable from the federal angle. 

1.  The Union List contains more subjects than the State List. 
2.  The more important subjects have been included in the Union List. 
3. The Centre has overriding authority over the Concurrent List.
4. The residuary powers have also been left with the Centre, while in the US, they are vested in the states. 

• Thus, the Constitution has made the Centre very strong 

3.2 States are destructible 

• Unlike in other federations, the states in India have no right to territorial integrity. 
• The Parliament can by unilateral action change the area, boundaries or name of any state. Moreover, it requires only a simple majority and not a special majority. Hence, the Indian Federation is “an indestructible Union of destructible states”. 

3.3 Single Constitution 

• Usually, in a federation, the states have the right to frame their Constitution separate from that of the Centre. 
• In India, on the contrary, no such power is given to the states. 
• The Constitution of India embodies not only the Constitution of the Centre but also those of the states. 
• Both the Centre and the states must operate within this single frame. 

3.4 Flexibility of the Constitution 

• The process of constitutional amendment is less rigid than what is found in other federations. The bulk of the Constitution can be amended by the unilateral action of the Parliament, either by a simple majority or by a special majority. 
• Further, the power to initiate an amendment to the Constitution lies only with the Centre. In the US, the states can also propose an amendment to the Constitution. 

3.5 Single Citizenship 

• Despite a dual polity, the Constitution of India, like that of Canada, adopted the system of single citizenship. 
• There is only Indian Citizenship and no separate state citizenship. 
• All citizens irrespective of the state in which they are born or reside enjoy the same rights all over the country.
•  The other federal states like the US, Switzerland and Australia have dual citizenship, that is, national citizenship as well as state citizenship. 

3.6 All India Services 

• In the US, the Federal government and the state governments have their separate public services. In India also, the Centre and the states have their separate public services. 
• But, in addition, there are all-India services (IAS, IPS, and IFS) which are common to both the Centre and the states. 
• The members of these services are recruited and trained by the Centre which also possesses ultimate control over them. 
• Thus, these services violate the principle of federalism under the Constitution. 

4. Challenges to Indian Federalism 

• Regionalism 
• Absence of fiscal federalism 
• Office of Governor 
• Linguistic Conflicts 
• Role of Non-State and External State Actors in creating challenges to internal security and federalism