Federal System of Government Notes for UPSC, PCS and SSC Exams

Federal System of Government

Federation is derived from the Latin word "Foedus", which means Treaty or Agreement.
It is a political system formed through an agreement among different units or states.
Powers are shared between the Central Government and the State Governments.

Types of Government

Type	Meaning	Examples
Unitary Government	All powers are concentrated in the national government	Britain, France, China
Federal Government	Powers are divided between Centre and States	USA, Australia, Switzerland
Quasi-Federal Government	Combination of unitary and federal features with a strong Centre	India

Government Structure

1. Unitary Government

Single government.
Regional governments derive authority from the national government.
No constitutional division of powers.

Examples: Britain, France, China.

2. Federal Government

Dual government: National Government + Regional Government
Powers are divided by the Constitution.
Both governments work independently in their own jurisdictions.

Examples: USA, Australia, Switzerland.

3. Quasi-Federal Government

Combination of federal and unitary features.
Strong central influence over states.

Example: India.

Comparison Between Federal and Unitary Governments

Feature	Federal Government	Unitary Government
Government Structure	Dual Government	Single Government
Constitution	Written	Written or Unwritten
Division of Powers	Present	Absent
Supreme Authority	Constitution	National Government
Judiciary	Independent	May or may not be independent
Legislature	Generally Bicameral	Bicameral or Unicameral
Constitution	Rigid	Rigid or Flexible
Examples	USA, Australia	Britain, China

Formation of Federation

Federations can be formed in two ways:

1. Integration (Coming Together)

Several small independent states unite to form a strong nation.
States retain autonomy.

Example: USA

World's first and oldest federation.
Formed in 1787.
After the American Revolution (1775–1783).
Initially 13 states, now 50 states.

2. Disintegration (Holding Together)

A large unitary state grants autonomy to provinces and becomes a federation.

Example: Canada

Formed in 1867.
Initially 4 provinces, now 10 provinces.

Indian Constitution and Federal System

The framers adopted the federal system because of:

Large geographical size of India.
Socio-cultural diversity.
Administrative convenience.

Why "Union of States" and Not "Federation"?

Article 1: India shall be a "Union of States".

The word "Federation" is nowhere mentioned in the Constitution.

Dr. B.R. Ambedkar explained that:

Indian federation is not the result of an agreement among states. Unlike the USA, Indian states did not come together voluntarily.
States have no right to secede. - India is an indestructible Union.

Indian Model of Federation

India follows the Canadian Model rather than the American Model.

Canadian Model Characteristics

Strong Centre.
Preference for the term Union.
Centralizing tendency.
Federation formed by disintegration.

Federal Features of the Indian Constitution

1. Dual Polity

Two levels of government:

Union Government

Deals with matters of national importance:

Defence
Foreign Affairs
Currency
Communication

State Governments

Deal with regional and local matters:

Public Order
Agriculture
Health
Local Government

2. Written Constitution

India has the lengthiest written Constitution.

It clearly defines:

Structure of governments.
Powers and functions of Centre and States.
Limitations on both governments.

Importance

Avoids conflicts.
Ensures clarity in Centre-State relations.

3. Division of Powers

Seventh Schedule

Powers are divided into three lists:

List	Present Subjects	Originally
Union List	98	97
State List	59	66
Concurrent List	52	47

Concurrent List

Both Centre and States can make laws.
In case of conflict, Central law prevails.

Residuary Powers - Subjects not mentioned in any list belong to the Centre.

4. Supremacy of the Constitution

Constitution is the supreme law of the land.

Judicial Review (Article 13)

The Supreme Court and High Courts can declare laws invalid if they violate the Constitution.

Purpose - Checks all organs of government: Legislature, Executive & Judiciary at both Centre and State levels.

5. Rigid Constitution

Amendment procedure protects:

Division of powers.
Supremacy of the Constitution.

Federal provisions are amended through:

Special majority in Parliament.
Approval by at least half of the State Legislatures.

6. Independent Judiciary

Two Main Purposes

Protect the Constitution - Through judicial review.
Settle disputes Between: Centre and States & States and States.

Safeguards for Judicial Independence

Security of tenure.
Fixed service conditions.
Independent functioning.

7. Bicameralism

India has a bicameral legislature.

House	Represents
Lok Sabha	People of India
Rajya Sabha	States of the Indian Federation

Role of Rajya Sabha

Although less powerful than Lok Sabha, it:

Maintains federal balance.
Protects state interests.
Prevents excessive interference by the Centre.

Quick Revision Table

Federal Features of Indian Constitution
Dual Polity
Written Constitution
Division of Powers
Supremacy of Constitution
Rigid Constitution
Independent Judiciary
Bicameralism

One-Line Revision

India is a Quasi-Federal State with a strong Centre, based largely on the Canadian model and described under Article 1 as a "Union of States".

Mnemonic: DWDSRIB

D → Dual Polity
W → Written Constitution
D → Division of Powers
S → Supremacy of Constitution
R → Rigid Constitution
I → Independent Judiciary
B → Bicameralism

Unitary Features of the Indian Constitution

Although India has a federal structure, several provisions make it unitary with a strong Centre. Therefore, India is called a Quasi-Federal State.

1. Strong Centre

Union List contains more subjects than the State List.
Important subjects like: Defence, Railways, Foreign Affairs & Banking are under the Union List.
Parliament has overriding power over the Concurrent List.
Residuary powers belong to the Centre.

USA - Residuary powers belong to the States.

2. States are not Indestructible

Parliament can: Change the area of states , Alter boundaries & Change the name of states by a simple majority.

Famous Statements

India	USA
An indestructible Union of destructible States	An indestructible Union of indestructible States

3. Single Constitution

In many federations, states have their own constitutions.

India

States do not have separate constitutions.
Entire country works under one Constitution.

USA

Each state has its own Constitution.

4. Flexibility of Constitution

Most provisions can be amended by Parliament alone.
Amendment may require: Simple Majority, or Special Majority.

Only a few provisions need ratification by states.

USA - States can also initiate constitutional amendments.

5. Unequal Representation in Rajya Sabha

Representation in Rajya Sabha is based on: Population of states. Hence, larger states get more seats.

USA

Equal representation:

Each state gets 2 seats.
Total members = 100.

6. Emergency Provisions

Emergency	Article
National Emergency	Article 352
President's Rule	Article 356
Financial Emergency	Article 360

During Emergency

Centre becomes all-powerful.
Federal system temporarily becomes unitary.

No constitutional amendment is required.

7. Single Citizenship

India provides: Only Indian Citizenship. There is no separate state citizenship.

Other Federations

Dual citizenship exists in: USA, Australia & Switzerland

8. Integrated Judiciary

India has a single judicial system.

Structure of Judiciary


Supreme Court
      ↓
High Courts
      ↓
Subordinate Courts

These courts enforce:

Central laws
State laws

USA - Has a dual court system.

9. All-India Services

India has: IAS, IPS, IFoS
Their members are: Recruited by the Centre, Serve both Centre and States.
USA - Federal and State governments have separate public services.

10. Integrated Audit Machinery

Comptroller and Auditor General (CAG)

Audits: Central Government accounts & State Government accounts.
The President appoints and removes the CAG.
USA - The Comptroller-General has no authority over state accounts.

11. Parliament's Authority over State List

Normally, State List subjects belong to States.
However, Parliament can legislate on State List subjects if: Rajya Sabha passes a resolution in national interest.
Thus, Parliament's powers can be expanded without amending the Constitution.

12. Appointment of Governor

Governor is appointed by the President.
Holds office during the pleasure of the President.
Governor acts as: An agent of the Centre.
USA - State heads are elected.

13. Integrated Election Machinery

The Election Commission conducts elections for: Parliament & State Legislatures. States have no role in constituting the Election Commission.
USA - Separate election machinery exists at federal and state levels.

14. Veto over State Bills

Governor may reserve certain State Bills for the President.
The President possesses: Absolute veto over such Bills.
USA and Australia - States are autonomous and no such provision exists.

Summary Table: Unitary Features of Indian Constitution

Feature	Unitary Character
Strong Centre	More powers to Centre
States not indestructible	Parliament can alter states
Single Constitution	No state constitutions
Flexible Constitution	Parliament amends most provisions
Unequal Rajya Sabha representation	Based on population
Emergency Provisions	Federal structure becomes unitary
Single Citizenship	Only Indian citizenship
Integrated Judiciary	One judicial system
All India Services	Common services
Integrated Audit Machinery	CAG audits Centre and States
Parliament over State List	National interest power
Appointment of Governor	Governor appointed by President
Integrated Election Machinery	Single Election Commission
Veto over State Bills	President's absolute veto

Critical Evaluation of Indian Federal System

Political scientists have described Indian federalism differently.

Views of Political Thinkers

Scholar	Description of Indian Federalism
K.C. Wheare	Quasi-Federal
K. Santhanam	Centralising tendency
Paul Appleby	Extremely Federal
Morris Jones	Bargaining Federalism
Sir Ivor Jennings	Federation with strong centralising tendency
Alexandrowicz	Sui Generis (Unique)
Granville Austin	Cooperative Federalism
Granville Austin	New kind of Federation

K. Santhanam's Reasons for Unitary Bias

1. Financial Dominance of Centre

States depend heavily on Central grants.

2. Planning Commission

Controlled developmental processes in states.
Increased centralisation.

Cooperative Federalism Given by Granville Austin - It means: Centre and States work together to solve common problems through cooperation.

Dr. B.R. Ambedkar's View

According to Ambedkar:

Centre and States derive powers from the Constitution.
States are not dependent on the Centre.
Legislative and executive powers are divided by the Constitution itself.
States and Centre are co-equal within their respective spheres.

He rejected the allegation that the Constitution is excessively centralised.

S.R. Bommai Case (1994)

S.R. Bommai challenged the Governor's recommendation for President's Rule in Karnataka. The case reached the Supreme Court.

Supreme Court's Observations - Federalism is a Basic Feature

The Court declared that: Federalism is a part of the Basic Structure of the Constitution.

States are not Agents of the Centre

States possess independent constitutional existence.
They are not satellites or appendages of the Centre.
Within their sphere, States are supreme.

Emergency does not destroy Federalism

During emergency: Centre may override state powers. These are temporary exceptions. Exceptions are not the rule. Therefore, federalism remains intact.

Nature of Indian Federalism

Indian federalism balances two competing objectives:

State Autonomy - States enjoy powers within their own sphere.
National Unity - A strong Centre safeguards national integrity during extraordinary situations.

Trends Showing Federal Spirit in India

1. Interstate Territorial Disputes

Example: Maharashtra vs Karnataka over Belagavi (Belgaum).

2. River Water Disputes

Example: Karnataka vs Tamil Nadu over Cauvery water.

3. Rise of Regional Parties

Examples: Tamil Nadu & Andhra Pradesh. These strengthen state politics.

4. Creation of New States

Examples: Jharkhand, Chhattisgarh, Uttarakhand & Mizoram. This fulfils regional aspirations.

5. Demand for Financial Grants

States seek: More funds from the Centre & Greater fiscal autonomy.

6. Assertion of State Autonomy

States increasingly resist excessive Central interference.

7. Judicial Restrictions on Article 356

S.R. Bommai Case -The Supreme Court imposed strict conditions on the use of President's Rule. This reduced misuse of Article 356.

Final Conclusion

India is neither purely federal nor purely unitary. It is a Quasi-Federal system with a strong Centre, combining federal principles with unitary features to maintain national unity and accommodate regional diversity.

Quick Revision Mnemonic for Unitary Features

SSSFESIA-PAIV

S – Strong Centre
S – States not indestructible
S – Single Constitution
F – Flexible Constitution
E – Emergency Provisions
S – Single Citizenship
I – Integrated Judiciary
A – All India Services
P – Parliament over State List
A – Appointment of Governor
I – Integrated Election Machinery
V – Veto over State Bills