What are the main provisions of the Indian Constitution that give it a federal character?

Or

Describe the federal features of the Indian Constitution.

The Constitution of India establishes a federation with unitary bias because, on the one hand there are all the characteristic features of a federation in India, while on the other hand, the Centre has been made stronger than the States because of which it is said that the system of the Government in India has a unitary bias. The following are the characteristic features of the federal form of Government which are present in the Indian political set up as well.

1. Written and Rigid Constitution: A characteristic feature of a federation is a written and rigid Constitution. It should be written so that the division of powers between the Centre and the States may be given in clear terms. The Constitution of a federation should be rigid so that the Centre may not snatch the powers of the State against their will.

The Constitution of India is written as well as rigid. The division of powers has been given in black and white in the Constitution. Any amendment concerned with the division of powers can be made only if it is passed by the Parliament by absolute majority and 2/3 majority of the members, present and voting in both the Houses of Parliament separately, and if it is also agreed to by at least 50 percent of the States.

2. Supremacy of the Constitution: In a federation, the Constitution is held supreme, i.e., no organ of the Government, executive, legislature or judiciary is empowered to work against the Constitution. This supremacy is maintained so that the division of powers may adequately safeguarded. If any organ of the Government acts against the Constitution that act can be checked by the other organs. The supremacy of the Constitution has been maintained in India too. The central and state governments in India have to act in accordance with the Constitution.

3. Distribution of Powers: The Constitution of India has established two forms of Governments—Union Government and State Governments. The Constitution distributes the powers between these two sets of Governments. There are three lists of powers in the Constitution: 1. Union List, 2. State List, 3. Concurrent List. The Union List consists of 97 subjects. In the State List there are 66 subjects while in the Concurrent List there are 47 subjects. In the Union List only the Union Government has power to make laws while in the State List generally the State Governments have the power to make laws but in exceptional circumstances the Union Government can make laws on the subjects of the State List as well. On the Concurrent List both Centre and the States have the equal power but if there is conflict on any subject between the two, the Central law will prevail.

4. Supremacy of the Judiciary: In a Federal system of Government, the judiciary is given a special place. The Indian Constitution establishes a powerful and independent judiciary in India. It decides disputes between the Centre and the States and between the states. It interprets the Constitution. The interpretation of the Constitution given by the judiciary is considered as the final and the most authentic. It can declare any law ultra vires if it is not in tune with the provisions of the Constitution.

5. Bicameral Legislature: Bicameral system of the legislature is also another important feature of a Federal system of Government. The Indian Parliament also consists of two chambers— the Lok Sabha and the Rajya Sabha. The Lok Sabha is the lower chamber and it represents the masses. The Rajya Sabha is the upper chamber and it represents the States. The Rajya Sabha is a permanent chamber and it cannot be dissolved. The members of the Rajya Sabha are elected by the State Legislatures. Each State elects a fixed number of members tc the Rajya Sabha.

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