Federal system of INDIA
Political scientists have classified government Unitary and Federal system on the basic of the nature of relations between the national government and regional government. Federalism in India – Wikipedia
By the definition:
- A unitary system of government is one in which all the powers are vested in the national government and the regional government, if all exist then they derive their authority from the national government. Britain, France, Japan, China, Italy, Beligium, Norway, Sweden, Spain and so on have the unitary system of government
- A federal system of government is one in which powers are divided between the national government and regional government by the constitution itself and both operate in their respective jurisdictions independently. Australia, Canada, Russia, brazil, Argentina and so on have the federal system of government
In federal system, the national government is known as the federal government or the central government or the union government and the regional government is known as the state government or the provincial government. The term ‘federation’ is drive from a Latin word Foedus which means ‘treaty’ or ‘agreement’. Thus, a federation is a new state (political system) which formed through a treaty or an agreement between the various names like states (as in US) or cantons (as in Canada) or republics (as in Russia).
A federation can be formed in two ways:
- Integration; A number of militarily weak or economic background states (independent) come together to for a big and a strong union, as for example of US
- Disintegration; A big unitary state is converted into federation by granting autonomy to the provinces to promote regional interest for example Canada.
The constitution of India provides for a federal system of government in the country. The framer adopted the federal system due to two main reasons.
1.The large size of country
2. Its socio-cultural diversity
They realized that the federal system not only ensure the efficient governance of the country but also reconciles national unity with regional autonomy. The term federation has nowhere been used in the constitution. Instead, article1 of the constitution describes Indian as a ‘union of state’. According to Dr B.R.Ambedkar, the phrase ‘union of state’ has been preferred to ‘federation of state’ to indicate two things.
- The Indian federation is n ot the result of an agreement among the states like the americen state
- The state has no right to secede from the federation. The federation is union because its is indestructible.
The Indian federal system is based on the Canadian model and not on the American modal. The Canadian modal differ fundamentally from the American modal. Which has stablishes a very strong Centre.
The Indian federation resembles the Canadian federation:
- In its formation by way of disintegration.
- In its preference to the term union.
- In its centralizing tendency by vesting more power in the centre in front the state.
The federal feature of constitution
1; Dual polity
The constitution establishes a dual polity consisting the union at the Centre and the states at the periphery. Each is empowered with sovereign powers to be exercised in the field assigned to them respectively by the constitution. The union government deals with the matter of national importance like defence, foregin affairs, currency, communication and so on. The state government deal with the matter of regional of local importance like public order, agriculture, health, local government and so on.
2;Written constitution
The constitution is not only a written document but also the lengthiest constitution of the world. Originally it contain a preamble, 395 articles (divide into 22 parts) and 8schedules. At present (2019) it consists of a preamble, about 470 articles (divide into 25 parts) and 12 schedules. It specifies the structure, organization, powers and function of both and prescribe the limits within which they must operate. It avoids the misunderstanding and Disagreements between the two.
3;Division of power
The constitution dividing the powers between the Centre and state. In terms of 1; union list 2; state list 3; concurrent list In the 7th schedule. The union list consists of 98 subjects (originally 97). The state list 59 subjects (originally 66). The concurrent list 52 subjects (originally 47). Both can make law on concurrent list, but in case of conflict, the Centre law prevails.
4;Supremacy of the constitution
The constitution is the supreme law of the land. The law enacted by the centre and state must conforms to its provision otherwise, they can be declared by the supreme court or the high courts through their power of judicial review. Thus, the organs of the government (legislative, executive and judicial) at the both the levels must operate within the jurisdiction prescribe by the constitution.
5;Rigid constitution
The division of powers established by the constitution as well as the supremacy of the constitution can be maintained only if the method of its amendment is rigid. hence, the constitution is rigid to the extent that those provision which are concerned with the federal system ( Centre-state relation and judicial organization) can be amended only by the joint action of the Central and state governments. Such provision require for their amendment a special majority of the parliament and also an approval of half the state legislature.
6; Independent judiciary
The constitution established as independent judiciary headed by the supreme court for two purpose:
1 To protect the supremacy of the constitution by exercising the power of judicial review
2 To settle the disputes between the Centre and the states or between the states.
The constitution contains various measures like security of tenure to judge, fixed service conditions and so on to make the judiciary independent of the government.
7;Bicameralism
The constitution provides for a bicameral legislature consisting of an upper houses (Rajya Sabha) and a Lower house (Lok Sabha).
The Rajya Sabha represent the states of Indian federation, while the Lok Sabha represent the people of India as whole.
The Rajya Sabha (even though less powerful chamber) is required to maintain the federal equilibrium by protecting the interests of the states against the undue interference of Centre.