Federalism
1. Chapter Overview
2. What Is Federalism?
🔑 Key Features of Federalism
- Two sets of government — one at the national level (Union/Centre) and one for each region (State). Each has distinct powers and responsibilities.
- Details of this dual system are spelt out in a written constitution, which is considered supreme and is the source of power for both levels.
- National matters like defence and currency belong to the central government; local matters like agriculture and police belong to the State government.
- An independent judiciary exists to settle disputes between the centre and States about division of power.
- A culture of trust, cooperation, mutual respect, and restraint helps federations function smoothly.
- India has only single citizenship — unlike some federal countries that have dual citizenship.
🌍 Global Examples
🇷🇺 USSR (Lesson: Excessive Centralisation)
After 1989, the USSR broke up due to excessive centralisation and domination of Russia over regions with their own languages and cultures (e.g., Uzbekistan). Czechoslovakia, Yugoslavia, and Pakistan also faced division. Even Canada came close to a break-up between English and French-speaking regions.
🌴 West Indies (Lesson: Weak Centre Fails Too)
The 1958 West Indies federation had a weak central government and independent unit economies. Political competition led to its formal dissolution in 1962. Later (1973), units formed the Caribbean Community — a common legislature, court, currency, and market. A case where units could neither fully unite nor live separately!
🇳🇬 Nigeria (Lesson: Distrust Destroys Unity)
Nigeria’s three major ethnic groups (Yoruba, Ibo, Hausa-Fulani) tried to spread their influence beyond their regions — creating conflicts. Led to a military regime. Even after democracy was restored (1999), religious differences and oil revenue conflicts continue to challenge Nigerian federalism.
🇩🇪 Germany (Lesson: Cooperative Federalism)
Germany has a Bundestag + Bundesrat system. The Bundesrat represents 16 states — members are state government ministers. Germany shows how cooperative federalism can accommodate both national unity and regional diversity through structured power-sharing.
3. Federalism in the Indian Constitution
📊 Division of Powers — The Three Lists
| Union List | State List | Concurrent List | Residuary Powers |
|---|---|---|---|
| Defence, Atomic Energy, Foreign Affairs, War & Peace, Banking, Railways, Post & Telegraph, Airways, Ports, Foreign Trade, Currency & Coinage | Agriculture, Police, Prison, Local Government, Public Health, Land, Liquor, Trade & Commerce, Livestock & Animal Husbandry, State Public Services | Education, Transfer of Property (non-agricultural), Forests, Trade Unions, Adulteration, Adoption & Succession | All other matters not in any list — e.g., Cyber Laws. Union Legislature alone can legislate. |
| Union Legislature alone can make laws | Normally only State Legislature can make laws | Both Union and State Legislatures can make laws | Union Legislature alone legislates |
4. Federalism with a Strong Central Government
⚙️ Constitutional Provisions That Strengthen the Centre
- Parliament controls State territory: Parliament can form new States, alter boundaries of any State, and even change its name. The State legislature is consulted but the final power lies with Parliament.
- Emergency Provisions: During an Emergency, the federal polity becomes a highly centralised system. Parliament can make laws on State list subjects. States become virtually subordinate to the centre.
- Financial dominance: Revenue-generating items are under central control. States depend on grants and loans from the centre. The erstwhile Planning Commission (Union government) controlled and supervised States’ resource management. This has led to charges of discrimination against opposition-ruled States.
- Governor’s powers: The Governor can recommend dismissal of the State government, dissolution of the Assembly, and reserve State bills for the President’s assent — giving the centre the power to delay or veto State legislation.
- Centre can legislate on State List: If the Rajya Sabha passes a resolution, Parliament can make laws on State List subjects. Article 257 clearly states that executive powers of the centre are superior to those of States.
- All-India Services (IAS/IPS): Officers serve in State administration but remain under the control of the central government. States cannot take disciplinary action against or remove these officers.
- Articles 33 and 34: Parliament can protect persons in service of the Union or a State who act during martial law — further strengthening the Union. The Armed Forces Special Powers Act (AFSPA) is based on these provisions.
5. Conflicts in India’s Federal System
📅 Three Phases of Centre–State Relations
🗣️ Demands for Autonomy — Four Types
⚖️ Legislative Autonomy
States want the division of powers changed in their favour — more important subjects assigned to States. Tamil Nadu, Punjab, West Bengal, and parties like DMK, Akali Dal, CPI-M have made such demands.
💰 Financial Autonomy
States want independent revenue sources and greater control over resources. In 1977, West Bengal’s Left Front government formally demanded restructuring of centre-State financial relations.
🏢 Administrative Autonomy
States resent the centre’s control over administrative machinery, especially the All-India Services (IAS/IPS) — officers who serve in States but cannot be disciplined by them.
🗣️ Cultural & Linguistic Autonomy
Opposition to Hindi domination (Tamil Nadu), demand for advancing Punjabi language and culture, and agitations against imposition of Hindi in the 1960s are examples of this dimension.
🏛️ Role of Governor and President’s Rule (Article 356)
- The Governor is not elected — appointed by the central government. Actions of the Governor are often seen as central interference in State affairs, especially when different parties rule at centre and State.
- The Sarkaria Commission (1983, report 1988) was appointed to examine centre-State relations. It recommended that Governor appointments should be strictly non-partisan.
- Article 356 (President’s Rule) — applied when “a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution.” Takeover by Union government, ratified by Parliament, can last up to 3 years.
- Article 356 was sparingly used till 1967. After 1967, it was frequently misused — State governments were dismissed even when they had majority (e.g., Kerala 1959) or without testing majority (several States after 1967).
- The Supreme Court has ruled that the constitutional validity of imposing President’s Rule can be examined by the judiciary.
🗺️ Demands for New States
- The national movement decided States would be created on the basis of common cultural and linguistic identity.
- States Reorganisation Commission (Dec 1953) recommended creation of linguistic States for major linguistic groups. States reorganised in 1956.
- 1960: Gujarat and Maharashtra created | 1966: Punjab and Haryana separated (Chandigarh dispute persists to this day).
- North-East reorganised → Manipur, Tripura, Meghalaya, Mizoram, Arunachal Pradesh created.
- 2000: MP, UP, and Bihar divided → Chhattisgarh, Uttarakhand, Jharkhand created.
- 2014: Telangana carved out of Andhra Pradesh. Some regions (e.g., Vidarbha in Maharashtra) still demand separate Statehood.
💧 Interstate Conflicts
🗺️ Border Disputes
States claim territories of neighbouring States. Key disputes: Maharashtra vs Karnataka (Belgaum city), Manipur vs Nagaland, and Punjab vs Haryana over Chandigarh (shared capital — PM Rajiv Gandhi’s 1985 understanding to hand Chandigarh to Punjab has still not been implemented).
💧 River Water Disputes
More serious than border disputes as they affect drinking water and agriculture. Key disputes: Kaveri/Cauvery between Tamil Nadu and Karnataka (reached Supreme Court despite a tribunal), and Narmada river dispute between Gujarat, MP, and Maharashtra.
6. Special Provisions for Certain States
- Most special provisions pertain to North-Eastern States — Assam, Nagaland, Arunachal Pradesh, Mizoram — due to their sizeable indigenous tribal population with a distinct history and culture. However, these provisions have not been able to stem alienation and insurgency in parts of the region.
- Special provisions also exist for hilly States like Himachal Pradesh and other States like Andhra Pradesh, Goa, Gujarat, Maharashtra, Sikkim, and Telangana.
🏔️ Jammu and Kashmir — Former Special Status (Article 370)
- J&K was a large princely State that had the option of joining India or Pakistan or remaining independent. In October 1947, Pakistan sent tribal infiltrators — forcing Maharaja Hari Singh to seek Indian help and accede to the Indian Union.
- Due to these unique circumstances, Article 370 gave J&K much greater autonomy. The central government had only limited powers over J&K — Union and Concurrent list subjects could only be applied with the consent of the State government.
- No emergency due to internal disturbances could be declared in J&K without the State’s concurrence. The Union could not impose a financial emergency in J&K. Directive Principles did not apply. Constitutional amendments under Art. 368 needed J&K’s concurrence.
- J&K had its own Constitution and flag, though Parliament’s power to legislate on Union List subjects was fully accepted over time.
7. Mind Map — Chapter 7 at a Glance
Written Constitution
Independent Judiciary
Concurrent · Residuary
Division of Powers
All-India Services
Article 257
Governors · Art. 356
New States
2000 new states
Telangana 2014
Kaveri · Narmada
Chandigarh
Art. 370 (repealed)
2 UTs from 2019
Regional parties
Greater State role
8. Summary — Quick Revision
Federalism is an institutional mechanism with two sets of governments (national and regional), each autonomous in its sphere. Details are spelt out in a written constitution which is supreme.
India is described as a “Union of States” (Article 1) — the word “federation” is not used. The most important feature is that centre-State relations are based on cooperation.
Powers are divided into Union List (97 subjects, only Parliament legislates), State List (66 subjects, normally only State legislature), Concurrent List (47 subjects, both can legislate), and Residuary Powers (Union).
The Indian Constitution creates a strong central government — Parliament controls State territories, Emergency provisions centralise power, centre dominates finances, IAS/IPS serve States but are controlled by centre.
Article 356 (President’s Rule) — most controversial article. Sparingly used till 1967; then frequently misused to dismiss non-Congress State governments. The SC has ruled its validity can be judicially examined.
The Sarkaria Commission (1983) examined centre-State relations and recommended Governor appointments should be strictly non-partisan.
States Reorganisation Commission (1953) recommended linguistic States. Major reorganisation in 1956; Gujarat-Maharashtra (1960); Punjab-Haryana (1966); Chhattisgarh, Uttarakhand, Jharkhand (2000); Telangana (2014).
Interstate conflicts are of two types: border disputes (e.g., Maharashtra-Karnataka over Belgaum, Punjab-Haryana over Chandigarh) and river water disputes (e.g., Kaveri between TN and Karnataka, Narmada among Gujarat, MP, Maharashtra).
Special provisions exist for North-Eastern States (tribal populations) and other States like Himachal Pradesh, Goa, Sikkim, etc. Former Article 370 gave J&K special status — repealed in 2019; J&K and Ladakh are now two Union Territories.
Since the 1990s coalition era, federalism has matured — regional parties have more say, diversity is respected. Federalism is like a rainbow: each colour separate, yet together they make a harmonious pattern.
9. Important Terms to Remember
- Federalism: An institutional mechanism to accommodate two sets of polities — one at the regional (State) level and one at the national (Union) level. Each is autonomous in its own sphere, with powers defined by a written constitution.
- Union List: List of 97 subjects (defence, banking, railways, foreign affairs, etc.) on which only Parliament can make laws. Part of the Seventh Schedule of the Constitution.
- State List: List of 66 subjects (agriculture, police, land, local government, etc.) on which normally only the State legislature can make laws.
- Concurrent List: List of 47 subjects (education, forests, trade unions, adoption, etc.) on which both Parliament and State legislatures can make laws. In case of conflict, central law prevails.
- Residuary Powers: All subjects not mentioned in any of the three lists (e.g., cyber laws) — Parliament alone can legislate on these.
- Article 356 (President’s Rule): Allows the Union government to take over a State government when the State cannot be governed according to the Constitution. Must be ratified by Parliament; can last up to three years. One of the most controversial articles.
- Sarkaria Commission: Appointed in 1983 (report submitted 1988) to examine centre-State relations. Key recommendation: Governor appointments should be strictly non-partisan.
- States Reorganisation Commission: Set up in December 1953; recommended creation of linguistic States for major linguistic groups. Led to the reorganisation of 1956 and subsequent creation of new States.