Indian Constitution At Work Chapter 7 Federalism

1. Afghanistan, 2. Iran, 3. Ceylon, 4. Burma, 5. China, 6. Nepal, 7. Sikkim, 8. Bhutan, 9. Tibet.

1. USSR (or the Soviet Union), 2. West Indies, 3. Nigeria.

1. USSR (or now Russia), 2. Czeoslovakia, 3. Yugoslavia, and 4. Pakistan.

There are more than 20 major languages and several hundred minor ones.

According to Hamilton, 'Federation is an association of States that form a new one.' Indian federation has not come into existence by the union of independent states. The federation in India has come into existence by the integration of independent princely states into the British provinces. According to Prof. Garner, 'Federal government is a system in which the totality of governmental powers is divided and distributed by the national Constitution or the organic act of Parliament creating it, between Central Government and the government of the individual states or other territorial sub-divisions of which the federation is composed.

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The administrative convenience should be the base for formation of a state because now-a-days the people and the political process must develop a culture and a set of values and virtues like mutual trust, tolerance and a spirit of cooperation. Federalism celebrates both unity as well as diversity. But in a federation, different units (states) are formed on the basis of common linguistic regions.

No, it does not seem to be in tune with the idea of federalism, because it would not be in such a position that it would be called federation. As we know the federation has many characteristics, unity in diversity. Or we can say that federalism is an institutional mechanism to accommodate two sets of - politics one at the regional level and the other at the national level.

If all the Hindi speaking regions or the northern states–Rajasthan, Gujarat, Bihar, Uttar Pradesh, Madhya Pradesh etc. are combined then there would be only a single unit or the new state would be unitary and not a federation.

The role of the Governor has always been a controversial issue between the States and the Centre. The actions of the Governor are often viewed as interference by the Central government in the functioning of the State government. When two different parties are in power at the Centre and at the State, the role of Governor becomes even more controversial. According to Article 356, the Governor has the power to recommend the dismissal of the State government and suspension or dissolution of the state assembly. In the decades of 1980s the central government removed elected governments in Andhra Pradesh and Jammu and Kashmir. In Bihar, also in 2005, the State Assembly was dissolved by the President on the recommendation of the Governor Sh. Buta Singh though the Supreme Court later pronounced unconstitutional. Due to these type of actions or due to such type of role of the Governor, the states have been unhappy.

1. To prevent conflicts between the centre and the state (or the states), there is an independent judiciary to settle disputes.

2. The judiciary has the powers to resolve disputes between the Central Government and the State or the state on legal matters about the division of power.

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(A) Basic Factors: 1. A written constitution, 2. An independent judiciary, 3. Real politics, 4. culture, 5. ideology and, 6. history, etc. determine the actual working or success of a federation.

(B) Other important factors are: (i) A culture of trust, (ii) cooperation, (iii) mutual respect and (iv) restraints also helps federations to function smoothly.

(C) Political parties also help a constitution of the country to work.

Result of Unsuccessfulness of Federation: If any single unit or state or lingustic group or ideology comes to dominate the whole federation it could generate a deep resentment among the people or its units.

Such situations could lead to demands for secession by aggrieved units or could even result in civil war.

The Constitution of India very clearly distributes the power between the Centre and the States. There are three lists of powers between the centre and the states, given in the Constitution:

1. The Union List: There are 97 subjects in the Union List. Only Union Government can make laws on these subjects. The main subjects are—Railways, Posts and Telegraph, Coinage and Currency, Defence and Foreign Affairs.

2. The State List: There are 66 subjects in this list. The State Governments make laws on them. The main subjects are law and order, police, agriculture, irrigation and public works.

3. The Concurrent List: There are 47 subjects in the Concurrent List. On these subjects both the Centre and the States can make laws. But in a situation of contradiction in laws enacted by the Union and the States on any subject in the concurrent list, the law enacted by the union prevails.

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The federal features of the Indian Constitution are the following:

1. Written Constitution: The Constitution of India is a written Constitution so that the powers of the Centre and the States are described in the clear terms. In the Indian Constitution, there are 395 articles and 9 schedules.

2. Rigid Constitution: In the federal system, the Constitution must be rigid. The Indian Constitution is also rigid. It is very difficult to make amendments in some of its provisions.

3. Division of Powers: Like any federal Constitution of the World, the Indian Constitution has divided the powers between the Centre and the States. There have been prepared for this purpose the Union List, State List and Concurrent List.

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Though the ‘Federation’ has not been used in any of Articles of the Constitution yet the Constitution establishes itself in the form of a federation in India. According to the Constitution, 'India shall be a Union of States.' The Indian Constitution possesses all the necessary characteristics of federation viz., 1. The Indian Constitution is written and rigid one, 2. Powers between the Centre and States have been divided by the Constitution and 3. There exists an independent Supreme Court to determine the constitutionality of laws passed by the Legislature and orders issued by the Executive. The Supreme Court is the guardian of the Constitution.

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1. Federalism enhances the possibility of people from different regions to interact without fear of one's culture being imposed upon them by others. The statement is correct because in federalism, the federal government is a system in which the totality of governmental powers is divided and distributed by the National Constitution between central government and the government of the individual states or other territorial sub-divisions of which the federation is composed.

2. It will not happen. As the resources are of distinct types, federalism will give impetus to the economic transaction amongst the different regions.

3. Certainly the federalism implies more powers to the constituting unit of federation.

Three unitary features of the Indian Constitution are given below:

1. Division of powers in favour of Centre: The division of powers between the Centre and the States made by the Constitution goes in favour of the Centre. The Union List consists 97 subjects, the State List 66 subjects and the Concurrent List 47 subjects.

2. Appointment of the Governors by the President: The Governors in the Indian States are appointed by the President i.e., by Central Government. They remain in their office till they enjoy the pleasure of the President.

3. Single citizenship in India: In India the single citizenship has been provided. Everyone living in India is Indian. He cannot call himself as Bengali or Punjabi, etc.

According to Garner, 'Federation is a system of central and local government combined under a common sovereignty with central and local organization being supreme within definite sphere, marked out for them by general constitution or by the act of Parliament which create the system'. From the above definition we can conclude that 'Federal form of government is that government in which the power are divided between central government and the government of states and both are functioning in their spheres.

Features of the Federal Government:

1. There are two sets of polities-one at the regional level and the other at the national level. Each government is autonomous in its own sphere.

2. The details of this dual system of government are generally spelt out in a written constitution, which is considered to be supreme.

3. To prevent conflicts between the centre and the state, there is an independent judiciary to settle disputes.

4. Another important feature of the federal form of government is that it combines the advantage of national unity with those of local autonomy.

5. One of the important features of federal form of government is that it safeguards the weak states from a stronger state.

6. Federal form of government is an ideal system for those countries which have great diversities in language, religion, caste and culture. Federal system establishes unity in diversity.

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The Union Parliament can make laws on the subjects given in the State List under the following circumstances:

1. On the resolutions of Rajya Sabha:

The Union Parliament gets the right or power to pass the laws on those subjects of State List about which the Rajya Sabha passes the resolution with 2/3 majority of the members present and voting saying that the subject has attained national importance.

2. At the request of two or more states— Article 252 empowers Parliament to legislate on a matter in the State List if two or more States desire that any of the matter in the State List be regulated by the Parliament.

3. The Parliament is empowered to pass laws on the subjects of the State List for the State in which emergency has been proclaimed because of the failure of constitutional machinery.

4. The Parliament has the authority to pass laws on any subjects of the State List during the emergency proclamation because of war and external aggression, etc.

5. The Parliament has the power to make laws on any item of the State List in order to implement some international treaty or agreement or convention.

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The States have raised the demands for autonomy. This sense of autonomy has the different meaning and different methods have been adopted by different States and different parties. Some States want to get more powers than the Centre. One of the demands for autonomy is that States should have independent sources of revenue. In the autonomy demands of Tamil Nadu and Punjab also, there was an implicit support to the idea of greater financial powers. The States resent the control of the Centre over the administrative machinery. Autonomy demands may also be related to cultural and linguistic issues. Residual powers have been allotted to the Centre by the Constitution. But some of the States think that they are in a weak position and that the centre's position is very strong and that harm their interests. Parliament is empowered to enact laws on the State subjects given in the State List. The States feel helpless at this.

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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The factors that made the Indian leaders accept the establishment of Federal Government in India were basically the diversities in the socio-economic conditions prevailing in India. The needs of these diverse conditions could be met only through federation. The factors can be studied in three divisions:

Causes for the Establishment of Federal System in India:

1. The effects of the Act of 1935 — Right from 1858, when the Indian administration was transferred to the British Parliament, the tendency to decentralization was increasing for administrative conveniences. New provinces were formed, and they were given more powers. Gradually, the provinces became administrative units with increasingly more self-governing powers. The Act of 1919 initiated the self-Government in the provinces. The Act of 1935 made these provinces fully autonomous. During this time, eleven provinces had fully autonomous and responsible Governments.

When the new Constitution was framed in Independent India it was mostly based on the Act of 1935. It was not possible to ignore the development which continued for one hundred years so far as the decentralizing tendencies were concerned, and start with a new edifice. The actual fact was, there was no questions on whether federal Constitution was to be adopted or not. The only questions was as to what should be the nature of federalism that would be suitable for India.

2. The Problems of the Princely States:

India was divided into two parts — The Princely States and the British India. The British Indian provinces were united under a single administration at the Centre, but about 600 Princely States were spread over India separate autonomous entities. When the British left India, their suzerain power over the princely states ended and these states were declared independent. These States had freedom to merge with India or Pakistan or to remain separate and independent. The national leaders faced the Herculean task of uniting the British Indian Provinces with their uniform nature and the princely states with their diversity in administration, size and geographical, political and economic conditions. This was not possible in the unitary centralized form of Government.

3. Compulsions due to Indian Conditions—India is a vast country with people having diversity in religion, language, food, living conditions, dress, customs and manners, etc. Actually Indian culture shows unity in diversity. This diversity is the unique characteristic of Indians giving opportunity to the development of their personality. So it was realised that the federal form of Government would help the growth of this basic Indian characteristics. Secondly, the vastness of the country encouraged the tendency towards federalism because it was not possible to rule the country efficiently from one Centre.

The Constitution of India delineates three lists: (i) Union List, (ii) State List, and (iii) Concurrent List based on the Government of India Act of 1935. Parliament has the exclusive power to legislate on the matters enumerated in the Union List which contains 97 items. The State Legislatures have the exclusive power to legislate with respect to matters enumerated in the State List which contains 66 subjects. The Concurrent List after 42nd Amendment contains 52 subjects. The Parliament as well as State Legislatures may legislate over them but in case of conflict, the Central law prevails over the state law. The Residuary powers are given to the Union Parliament.

Legislative relations between the Centre and the States of India.

1. Union List: Before the 42nd Amendment in the Indian Constitution there were 97 subjects in the Union List. But now, after this amendment, at present the Union List contains 98 subjects. The laws on all these 98 subjects can be framed by the Federal Government i.e., the Parliament of India. The list contains subjects of national importance. These subjects concern all the citizens of India equally. Subjects mentioned in this list, are defence, foreign affairs, peace and war, communications, railways, post and telegraphs, currency, etc.

2. State List: Before 42nd Amendment there were 66 subjects in this list. But by 42nd Amendment number of State subjects is reduced to 62. These subjects can be legislated upon by the States. Subjects mentioned in these lists are like law and order, police, jail, public health, education, agriculture, local self-Government, hospital, justice, organization of judiciary, etc.

3. Concurrent List: Originally there were 47 subjects in the Concurrent List. But by 42nd Amendment it is increased to 52 subjects. The subjects mentioned in the Concurrent List are like the marriage, divorce, criminal law, civil procedure, trust, newspapers, books, printing presses, electricity, price control, economic and social planning, trade unions, labour welfare, etc.

4. Residuary Powers: Residuary powers have been allotted to the Central Government by the Constitution. But in USA and Switzerland the residuary powers have been given to the States. It seems that the framers of the Constitution have followed the Canadian example with a view to make the Centre very strong.

5. Powers of Union Parliament to enact laws on the State List: The Constitution gives the States the power to frame laws on all the subjects included in the State List. But the Central Government has the authority to interfere even in these powers of states under certain special circumstances given below:

(i) At the resolution of Rajya Sabha: The Union Parliament will be authorised to pass a law on a subject of State List about which the Rajya Sabha passes a resolution with 2/3 majority of the members present and voting saying that subject has attained national importance. Such a resolution of the Rajya Sabha will give the Parliament the legislative power for one year at a time.

(ii) At the request of two or more States:-

If any two or more States request the Union Parliament to legislate on a subject given in the State List then Union Parliament enacts law on the subjects. Any Act so passed cannot be amended by the State Legislatures to which the law applies.

(iii) On the failure of constitutional machinery in the State: Parliament is empowered to pass laws on the state subjects for the state in which emergency has been proclaimed because of the failure of constitutional machinery. It may delegate its legislative power concerning the state to the President of India, if it deems so necessary.

(iv) At the time of emergency arising due to war, external aggression and armed revolt: The Parliament has the authority to pass laws on any subject of the State List during the emergency proclaimed because of war and external aggression, etc. Such a law may be made for the whole of India or any part thereof.

Like the legislative powers, the administrative powers are also divided between the Centre and the States. Again like the legislative sphere, the Centre enjoys supremacy in the administrative sphere also. It is clear from the facts as given:

Administrative Relations between the Centre and the States in India.

1. Power of the Centre to give directions and instructions to the States: It is the duty of the State executives to see that the laws made by the Parliament and other laws prevalent in the States are very well executed. The Central Government is authorised to give directions to the Government for this purpose.

Similarly, it is the function of the state executive to see that it does not become a hindrance in the way of the Central executive. For this purpose also, the Central Government is empowered to issue directions to the State executives.

2. Appointment of the Governors by the Central Government: The Governors of the States are appointed by the President on the advice of the Council of Ministers of the Centre. He has the power to remove them as well. That is why the Governors normally work as representatives of the Central Government in the States. They inform the Centre about the conditions of the states off and on.

3. Establishment of an Inter-State Council: In the public interest, the Parliament may establish an Inter-State Council, if it, deems necessary. The following will be the functions of such a Council—

(a) To enquire and report about the inter-state disputes.

(b) To consider the questions of common interest of the Centre and the States, and

(c) To submit recommendations regarding such questions.

4. Centre-State Relations while there is proclamation of emergency: The Union Government enjoys vast powers during Emergency. The Central Government may issue instructions to the State Governments concerning any subject during the emergency proclaimed because of war or external aggression, etc.. During the operation of a proclamation of emergency, the Union Government can take over, the legislative and administrative power of all the States and, thus suspend the working of federal set-up of the country as a whole.

5. On the failure of Constitutional machinery in the States: As far as the emergency proclaimed due to the failure of the constitutional machinery of a State is concerned, the powers of the State executive goes to the Central executive and the representative of the President.

The Constitution of India makes an elaborate provision of financial relations between the Central Government and the Government of the States.

The detailed description of the financial relationship between the Centre and the States are given below:

Financial relations between the Centre and the States in India:

1. Taxes levied by the Centre and collected by the States: There are certain taxes which are levied by the Centre, but are collected by the States, e.g., stamp duty and the taxes on the production of medicines and cosmetic preparations.

2. Taxes levied and collected by the Centre but distributed among the States: There are certain other taxes which are levied and collected by the Centre and are distributed among the States in accordance with the laws made by the Parliament. Taxes included in this category are duties on the succession of property other than agricultural land, terminal taxes on goods or passengers carried by air, sea or railways, taxes on railway freights and fares, taxes on newspapers, taxes on inter-state trade or commerce etc.. But such taxes concerning the Union Territories are levied by the Centre.

3. Taxes levied and collected by the Centre and distributed between the Centre and the States: Some taxes are such as levied and collected by the Centre, but those are distributed between the Centre and the States. Income-tax on the income, other than that from the agricultural land, is included in this category. Income-tax is distributed between the Centre and the States on the recommendations of the Finance Commission. The share of the Union Territories goes to the Centre. Excise duties on the Union, other than those on medicine and toilet preparation, will be levied and collected by the Centre but may be distributed between the Centre and the States in accordance with the laws made by the Parliament.

4. Grants-in-Aid to the States: The Constitution of India provides for grants to the States from the Union resources. Under Article 273 the states of Assam, Bihar, Orissa and West Bengal are given grants in lieu of export duty on jute and jute products. The sums of such grants may be those as prescribed by the President of India. These sums are to be paid as long as the export duty on jute products continues to be levied by the Government of India or until the expiration of ten years since the inauguration of the Republic, whichever is earlier. Article 273 provides general provision of grants to the States. The Parliament by law provides grant-in-aid to the needy states out of Consolidated Fund of India. The amount is to be decided by the Parliament according to the needs of the states

5. Appointment of the Finance Commission: The President is empowered to appoint a Finance Commission after every 5 years or earlier if he deems so necessary. It will make recommendations to the President on the distribution of taxes between the Union and the States, the principles of distributing grants-in-aid to the states and any other matter which the President refer to the commission in the interest of sound finance.

According to D.D. Basu, “The Constitution of India is neither purely federal nor purely unitary but it is a combination of both.' Similarly, B.N. Banerjee has said that, 'The Constitution of India is federal in form but unitary in spirit.' In fact the Constitution of India has many federal features as well as unitary features. The brief description of both is given below:

Federal Features of Indian Constitution:

1. Written and Rigid Constitution: The Constitution of India is written and rigid. The powers of the Central Government and State Governments, Fundamental Rights and Directive Principles of State Policy have been clearly defined in the Constitution and there is very little possibility of conflict. The Constitution is rigid also since most of its provisions cannot be changed by a simple majority of Parliament. The ratification of at least fifty percent States is also required for the purpose. Thus, the Centre cannot make arbitrary changes in the Constitution.

2. Supremacy of the Constitution: The Indian Constitution is the supreme law of the country. No individual, institution, functionary of the government or even government can work against the provisions of the Constitution. Both the Central Government and the Governments of the States will run the administration in accordance with the provisions of the Constitution. If parliament or any state Legislature passes a law in contravance of the provisions of the Constitution that can be declared unconstitutional by the Supreme Court. That is why all the high officials of the country— President, Vice-President, Ministers, Judges of Supreme Court and High Courts—while assuming office, take an oath to abide by the Constitution and accept this supremacy of the Constitution.

3. Division of Powers: Like other federal constitutions, the Constitution of India provides division of powers between the Central Government and the Governments of the states. The powers are divided into three lists—

(i) Union List, (ii) State List, and (iii) Concurrent List.

(i) There are 97 subjects in the Union List. These subjects are of national importance and only the Parliament has the power to make laws on these subjects. These subjects include defence, foreign affairs, railways, post and telegraph, currency and coinage, etc..

(ii) State List includes 66 subjects. These subjects are of local importance and State Legislatures enjoy the power to make laws on these subjects. These subjects include police, jails, public health, agriculture and local self-government, etc..

(iii) There are 47 subjects in the Concurrent List, like marriage, divorce, bankruptcy, etc.. Although five more subjects have been included in this list (4 subjects from the State List as mentioned above and judicial administration being the fifth), yet the figure of 47 remains the same and it has been not changed by any amendment. Both the Parliament and State Legislatures can make laws on these subjects. But, if there is a conflict between a law made by the Parliament and any State Legislature on any of these subjects, the law made by the Union Parliament will prevail.

Residuary Powers have been vested with the Centre.

Unitary Features of the Indian Constitution:

1. Division of powers in favour of Centre: The Indian Constitution has distributed the powers between the Centre and the States in such a way that Centre has become stronger than the States. The Central Government gets the lion's share of the powers. Most important and almost all important subjects have been included in the Union List. If there is a clash over a subject in the Concurrent List between the Centre and the State, the will of the Centre will prevail.

2. Change in the boundaries of States: The Constitution of India empowers the Parliament to change the boundaries of the existing States or create new States or change the name of the States on the recommendation of the President. In fact this has happened in India. In a perfect federation this cannot happen. The Central Government has no right to change boundaries of States and as such it is a grave departure from federal set-up.

3. States have no right to frame their own Constitutions: In some federal States, like the USA, units of the federation (States) enjoy the power to frame their own separate Constitutions subject to certain restrictions. But, in India, States do not enjoy such power. They have no right to frame their own Constitutions or secede from the Union.

4. Single Citizenship: In the USA, citizens enjoy double citizenship. Besides being a citizen of the USA., every person is also the citizen of the state in which he is residing. On the other hand, in India, every citizen enjoys only single citizenship, i.e., citizenship of India. They are not the citizens of Punjab, Haryana, W. Bengal or Bihar.

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Federalism: As we know the federalism is an institutional mechanism to accommodate two sets of polities-one at the regional level and the other at the national level.

(a) Division of Powers: There are two sets of governments the Central government and the State Governments. The disputes between the two are settled by the judiciary and the Constitution is supreme. The Constitution clearly demarcates the subjects. It shows how the powers are distributed between the Centre and the States. The Centre has the important powers. The economic and financial powers are centralised in the hands of the central government by the constitution.

(b) Distribution of financial resources: There are certain taxes which are levied by the centre, but are collected by the states e.g. stamp duty and the taxes on the production of medicines and cosmetic preparations. There are certain other taxes which are levied and collected by the centre and are distributed among the states. Taxes included in this category are duties on the succession of property other than agricultural land, terminal taxes on goods or passengers carried by air, sea or railway, taxes on railway freights and fares, taxes on newspapers, taxes on state trade or commerce etc. are taken by the centre. Some other taxes are such as levied and collected by the centre but those are distributed between centre and the states. Income tax on the income other than that from the agricultural land, is included in this category. Income tax is distributed between the centre and the state on the recommendations of the Finance Commission. States of Assam, Bihar, Orissa and West Bengal are given grants in lieu of export duty on jute and jute products.

(c) Methods of resolving inter-State disputes: In the public interest, the Parliament may establish an inter-State council if it deems so necessary. This council enquires into the interstate disputes and then finally submit its report or recommendations to the Parliament.

Haryana, Punjab dispute on Chandigarh, Madhya Pradesh, Gujarat and Maharashtra have dispute over sharing the water of Narmada river.
(d) Appointment of Governors: The Governors of the state are appointed by the President on the advice of the Council of Ministers of the Centre. He has the power to remove them as well. That is why the Governors normally work as representatives of the Central Government in the states. They inform the centre about the conditions of the state off and on.

When some States are being governed by special provisions, it creates resentment among other States. For example, before the existence of Uttaranchal, the people living in any part of Uttar Pradesh could buy property any where they wanted. But now in Uttaranchal only those people who reside in the region of Uttaranchal can purchase land but not the people of Uttar Pradesh are entitled to purchase the agricultural land in Uttaranchal while the people of Uttaranchal can purchase the agricultural land in Uttar Pradesh. This situation creates resentment among the people of Uttar Pradesh or other States. Like this Jammu and Kashmir has special status (Art 370).

According to this Article 370, Jammu and Kashmir has been given much autonomy. Most of the special provisions pertain to the northeastern states (Assam, Nagaland Arunachal Pradesh, Mizoram, etc.) largely due to a sizeable indigenous tribal population with a distinct history and culture, which they wish to retain (Art. 371). Special provisions also exist for hill States like Himachal Pradesh and some other States like Andhra Pradesh, Goa, Gujarat, Maharashtra and Sikkim, etc. The other States resent that the division of powers should be common to all the states.

The four features of the Indian Constitution that give greater power to the Central government than the State governments, are given below:

1. Establishment of a Strong Centre: The Constitution of India establishes a strong Centre. The important 97 subjects have been included in the Union List on which only the Central Parliament is empowered to make laws. There are 47 subjects in the Concurrent List on which Central Parliament as well as the State Legislatures are authorised to make laws, but if there is any conflict between a law of the Centre and a law of a State Legislature on any subject of the Concurrent List, the latter will automatically be void to the extent of conflict. This clearly indicates the stronger position of the Centre. The residuary powers also have been given to the Centre. There are only 66 subjects in the State List on which the State Legislatures can normally frame laws. But when an emergency has been declared in whole or any part. Thereof the Union Parliament can make laws relating to state subjects too.

2. The Emergency Powers of the Centre: The powers of the Centre increases much during emergency. When an emergency is declared because of external aggression, war, internal disturbance or a threat of any one of them, the form of Government will change from the federal to unitary which implies that the Centre will be empowered to exercise the legislative and executive powers of the States. But the State Legislatures and the State Executives will not be dissolved during the emergency.

Similarly, the powers of the Centre will increase during the emergency proclaimed because of the failure of constitutional machinery in a State. The President of India can proclaim emergency in an Indian State, if he is satisfied, on the advice of the Governor or otherwise, that the constitutional machinery in the State has failed to work properly. As a consequence of the emergency he legislative powers of the State will go to the Central Parliament and the executive power will go to the President.

The powers of the Centre increases during the financial emergency also, if the financial emergency is proclaimed by the President. In such circumstances, the Centre will be authorised to issue directions concerning the economy of the States, which will be duly obeyed by them.

3. Appointments of Governors: The Governors of the States are appointed by the President of India. The entire State administration is run in the name of the Governor. The Governor is the head of the State as well as the agent of the Centre. The Governor remains in office on the pleasure of the President. In order to remain in office the Governors are to act in accordance with the wishes of the Central Government.

4. Single Citizenship: Normally, there is double citizenship in a federation just like the USA. But in India, there is a single citizenship i.e. the people of all States equally have only one citizenship i.e. citizens of India. This factor also indicates the trend towards the Unitary Government.

5. Single Judiciary: Another factor showing the trend towards the Unitary Government is the single judiciary of India. Here, all the courts are organised under the Supreme Court of India. There are no separate federal courts in India like the USA.

6. Financial Dependence of the States on Centre: The States of India have to be dependent on the Centre for finances. The States get grants-in-aid from the Centre. They can take even loan from Centre if there is the need. The Centre has more sources of revenue in comparison to States. Therefore, the States are dependent on the Centre financially.

I. Development of Federal System in India: The idea of the Federal Government in India originated during the British regime. Most of the period of the British administration was devoted to the defence and consolidation of the British Colony in India. That is why they established a centralised unitary Government in India. But the British had to bring decentralisation in administration because of the exigencies of the circumstances, and also due to the basic diversities in the Indian Society. The idea of federal system was first mooted in the Act of 1935. The federal system as established in Independent India was based on the provisions of this Act. The evolution of the federal system, during the British regime had a long history which can be described below:

The factors that made the Indian leaders accept the establishment of Federal Government in India were basically the diversities in the conditions prevailing in India. The needs of these diverse conditions could be met only through federation. These factors can be studied in three divisions.

II. Causes of the Establishment of Federal System in India:

1. The effect of the Act of 1935: Right from 1858, when the Indian administration was transferred to the British Parliament, the tendency to decentralisation is increasing for administrative conveniences. New provinces were formed and they were given more powers. Gradually, these provinces, became administrative units with increasingly more self-governing powers. The Act of 1919 initiated the self-government in the provinces. The Act of 1935 made these provinces fully autonomuous. During this time, eleven provinces had fully autonomous and responsible Governments.

When the new Constituttion was framed in Independent India it was based on the Act of 1935. It was not possible to ignore the development which continued for one hundred years so far as the decentralising tendencies were concerned, and start with a new edifice. The actual fact was, there was no question on whether federal Constitution was to be adopted or not. The only question was as to what should be the nature of federalism that would be adopted in India. The great scholar Prof-Jennings commented that when provinces were converted into States, then there was no point in starting with a new edifice. For this purpose, the framers of the constitution made a new Constitution on the basis of this Act.

2. Problems of the Princely States: India was divided into two parts: The Princely States and the British India. The British Indian Provinces were united under a single administration at the Centre, but about 600 princely State were spread over India with their separate autonomous entity. When the British left India, their suzerain power over the princely States ended and these States were declared independent. These states had freedom to merge with India or Pakistan or to remain separate and independent. The national leaders had the Herculean task of uniting the British Indian provinces with their uniform nature and the princely States with their diversities in administration, size, geographical, political and economic conditions. This was not possible in the unitary centralised form of Government. This was possible only through federation when these States could merge.

3. Compulsions due to Indian conditions: India is a vast country with people having diversities in religion, language, food, living conditions, dress, customs and manners, etc. Actually Indian culture observes unity in diversity. This diversity is the unique characteristics of Indians giving opportunity to the development of personality. This is the democratic way of looking at life. So it was realised that the federal form of Government would help the growth of this basic Indian characteristics. Secondly, the vastness of the country encouraged the tendency towards federalism because it was not possible to rule the country efficiently from one Centre.

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1. Two members of the State Legislative assembly belonging to the main opposition party have been killed by criminals. It does not show that the constitutional machinery has failed or is on the verge of collapse. This cannot be construed as a reason for invoking Article 356.
2. Again these do not imply that the constitutional machinery has failed and are not the fit cases for invoking Article 356.
3. It is feared that some MLAs from the other parties may be lured to support a political party in return for money. Unless and until there is a substantive proof of horse trading, this situation can not be a fit core for the imposition of the President's Rule.
4. The very fact that two different parties are ruling in the State and at the Centre is the strength of federalism. Their being the bitter opponents of each other, is no excuse for the invocation of Article 356.
5. More then 2000 people have died in the communal riots. It clearly shows that a grave law and order problem exists in the state. It implies the complete failure of the constitutional machinery. The basic right to live is being violated. It may be a fit care for the imposition of Presidents Rule.
6. Inter State disputes comes under the original jurisdiction of Supreme Court. The state government has refused to follow the decision of the Supreme Court. It clearly shows that the administration in the state is being not carried out according to the Provision of the Constituton. It may be a fit case for the imposition of the President's Rule.

1. The very fact that the State Concerned i.e. West Bengal was made a party to the settlement marks the event as a manifestation of working of the federalism in India.
2. A federal set-up is characterized by a sensitive centre towards the needs of the constituting units. The centre wants to help the rain ravaged states. It means it is sensitive to their problems. Hence this action of the centre could be identified with the functioning of fedaralism.
3. An officer from Arunachal Pradesh is transferred to Delhi. It clearly shows the functioning of federalism.
4. In the Indian federal set up education comes under Concurrent List. It is important to strengthen federation by establishing central institutes although it will undermine the control of states. It could well be identified as an example of the functioning of federalism.
5. This event is also identified with the functioning of federalism because here centre has released funds for state (Arunachal Pradesh) under its rural supply scheme.
6. Acts of Shiv Sainiks completely undermine the federal structure of the country. These acts can not be identified as the working of federalism, whose chief objective is to promote one national identity based on fraternity. A culture of trust, cooperation, mutual respect and restraint amongst the people of the different units is a sine qua non for the smooth functioning of the federation.
7. This event comes in the list of those events which identify the functioning of federalism.
8. This is an illustration of state government's function.