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Federalism in India: Quasi-Federal structure & Cooperative Federalism

Introduction

Article 1 of the Constitution describes India as a "Union of States" not a "Federation of States". This deliberate choice of words by Dr. Ambedkar highlights that the Indian federation is not the result of an agreement among states (like USA), and states have no right to secede.

1. Defining Indian Federalism

India is a "Federal System with a Unitary Bias" or a "Quasi-federal" state (K.C. Wheare). In normal times, it works as a federation, but during emergencies, it becomes unitary.

Federal Features (Like USA)

• Written Constitution: Supremacy of the Constitution.
• Division of Powers: 7th Schedule (Union List, State List, Concurrent List).
• Independent Judiciary: To settle disputes between Centre and States.
• bicameralism: Rajya Sabha represents the states at the Centre.

Unitary Features (Non-Federal)

• Strong Centre: Residuary powers are with Centre. Union list has more subjects.
• Single Constitution: States don't have their own constitutions.
• Appointment of Governor: Centre's agent in the state.
• All India Services (IAS, IPS): Recruited by Centre but work in States.

2. Cooperative Federalism

In recent years, the focus has shifted to Cooperative Federalism, where Centre and States work together as equal partners.

• GST Council: A classic example where Centre and States decide tax rates together.
• NITI Aayog: "Team India" approach involving CMs in policy making.

Conclusion

Indian federalism is unique. It is designed to accommodate the vast diversity of the country while ensuring national unity and integrity.