Federalism & Centre–State Relations
India's 'quasi-federal' structure — the division of legislative, administrative and financial powers between the Centre and states, the Seventh Schedule, and key commissions.
Key Takeaways
- India is described as 'quasi-federal' (K. C. Wheare) — federal in form but with a strong unitary bias.
- Legislative powers are divided by the Seventh Schedule into the Union, State and Concurrent Lists; residuary powers rest with the Union.
- In the Concurrent List, a central law prevails over a conflicting state law (Article 254).
Core concept
Federalism distributes power between a central authority and constituent units. India has a federal structure with a strong unitary bias — the word 'federation' is absent; the Constitution calls India a 'Union of States' (Article 1), signalling that states cannot secede. Ambedkar said the Constitution is 'both unitary and federal according to the requirements of time and circumstances.'
Static foundation — federal vs unitary features
| Federal features | Unitary features |
|---|---|
| Written & rigid Constitution | Strong Centre, single Constitution |
| Division of powers (7th Schedule) | Single citizenship |
| Supremacy of the Constitution | Integrated judiciary |
| Bicameralism | All-India Services; Centre appoints Governors |
| Independent judiciary | Emergency provisions; residuary powers with Union |
The Three Lists (Seventh Schedule)
| List | Who legislates | Examples |
|---|---|---|
| Union List (100) | Parliament alone | Defence, foreign affairs, currency, atomic energy, railways, banking |
| State List (61) | State legislatures | Police, public health, agriculture, local government, land |
| Concurrent List (52) | Both (Centre prevails on conflict — Art 254) | Criminal law, marriage, education, forests, economic & social planning |
When Parliament Can Legislate on a State Subject
Art 249 — National interest
If the Rajya Sabha passes a resolution by a two-thirds majority that it is necessary in the national interest.
Art 250 — National Emergency
Parliament may legislate on State List subjects while a National Emergency is in force.
Art 252 — States' request
When two or more states request Parliament to legislate for them on a State subject.
Art 253 — International agreements
To implement treaties, agreements or conventions with other countries.
Art 356 — President's Rule
Parliament exercises the state legislature's powers when President's Rule is in force.
Value addition & landmark case
S. R. Bommai v Union of India (1994): the SC curbed the misuse of Article 356, made the President's proclamation subject to judicial review, and mandated a floor test to decide majority. Committees to remember: Sarkaria Commission (1983) and Punchhi Commission (2007) on Centre–state relations.
Current affairs linkage
Recurring flashpoints: the role of Governors (assent to bills, delays), fiscal federalism (devolution, cess & surcharge, GST compensation), and demands for greater state autonomy. (Add the latest Finance Commission recommendations or any recent SC ruling on Governors' powers.)
Mains answer skeleton
Intro: India as a 'holding-together' federation with a strong Centre.
Body: (a) Legislative, administrative and financial dimensions; (b) centralising tendencies — Art 356, Governors, cess/surcharge; (c) cooperative federalism (GST Council, NITI Aayog) vs competitive/coercive federalism.
Way forward / Conclusion: Strengthen the Inter-State Council; implement Sarkaria/Punchhi; trust-based fiscal transfers.
Prelims trap zones
- Residuary powers lie with the Union (unlike the USA, where they rest with the states).
- India is a 'Union of States' — states have no right to secede.
- The Inter-State Council (Art 263) is a constitutional body; the NITI Aayog is an executive body (not constitutional/statutory).
Knowledge Check
2 questions · check your understanding
1. In case of a conflict between a central and a state law on a Concurrent List subject, which prevails?
2. Residuary powers of legislation are vested in whom?
Prelims Pointers
- Union List has 100 subjects, State List 61, Concurrent List 52 (current numbers).
- Residuary powers (Art 248) lie with the Union Parliament.
- Parliament can legislate on a State List subject under Articles 249, 250, 252, 253 and during President's Rule.
- The Inter-State Council is a constitutional body under Article 263; the Finance Commission under Article 280.
Mains Angle
- 'Indian federalism is cooperative in theory but competitive and coercive in practice.' Discuss.
- Examine the recommendations of the Sarkaria and Punchhi Commissions on Centre–state relations.
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