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PolityFree till Sep 9

Federalism in India: Features and Challenges

July 19, 2026

TOPIC CLASSIFICATION

Subject: Indian Polity & Governance Sub-area: Federal Structure — Union-State Relations, Federal Features Difficulty: Medium–Hard Weightage: High (2 Prelims + 1 Mains question every year)

EXAMINER REASONING

  1. Trap: Calling India a "federal state" without qualifying "quasi-federal" or "unitary with federal features" — Courts have described it as such.
  2. Most confused: Federal (USA model) vs Quasi-federal (India) vs Unitary (UK) — distinguishing features.
  3. Key anchor: Article 1 — "Union of States" (not "Federation of States") — indicates indestructible union.
  4. Current affairs hook: GST Council (federal cooperation); Tamil Nadu's demand for more tax devolution; State vs Governor tussles (2024–25).
  5. Mains hinge: "India's Constitution is federal in form but unitary in spirit. Do you agree? Critically examine with reference to Centre-State relations."

Core Concept

Federal Features of Indian Constitution

  1. Written Constitution: The longest written constitution in the world
  2. Division of Powers: Union List (100), State List (61), Concurrent List (52) — Seventh Schedule
  3. Supremacy of Constitution: Basic structure doctrine ensures constitutional supremacy
  4. Rigid Constitution: Amendment requires special majority (Article 368)
  5. Independent Judiciary: SC as arbiter of disputes — Article 131 (original jurisdiction)
  6. Bicameralism: Rajya Sabha represents States

Unitary (Non-Federal) Features

  1. Single Constitution & Citizenship: No separate state citizenship
  2. Strong Centre: Union List overrides State List; residuary powers with Union
  3. Appointment of Governor: Governor nominated by President (not elected)
  4. All India Services: Officers controlled by Centre but serve states
  5. Emergency Provisions: Article 352/356/360 convert India into unitary state
  6. Parliament's Power over State List: Under Articles 249, 250, 252, 253
  7. Single Judiciary: Integrated Supreme Court + High Court system
  8. Integrated Audit & Election Machinery: CAG, EC — single bodies for Union and States

Supreme Court's View

  • S.R. Bommai v. UOI (1994): Federalism is part of the basic structure of the Constitution
  • State of West Bengal v. Union of India (1963): India is not a typical federation but has federal features

Read Next

More in Polity

Delimitation Commission: Process, Issues, and Impact on Federalism

Governor: Powers, Discretion, and Controversies

AMRUT: Urban Infrastructure and Water Supply

Contemporary Federal Challenges

  1. Governor's Role: "Agent of Centre" — discretionary powers misused — Supreme Court guidelines in Nabam Rebia (2016) and Rameshwar Prasad (2006)
  2. Financial Centralization: States get only ~41% of Union tax revenue (XV FC) — demand for higher devolution
  3. Concurrent List Overreach: Centre legislating on concurrent subjects without state consultation
  4. GST Council: Weighted voting (1/3 Centre, 2/3 States) but Centre has de facto veto
  5. National Investigation Agency (NIA): State police powers encroached upon

Key Facts

  • Granville Austin: Called Indian federalism "cooperative federalism"
  • K.C. Wheare: Called it "quasi-federal"
  • Union List: 100 subjects (originally 99 — added "Cooperative Societies" in 2011)
  • State List: 61 subjects (originally 66 — Public Order, Police, etc.)
  • Concurrent List: 52 subjects (originally 47)
  • Residuary Powers: Article 248 — residuary powers to Union
  • Inter-State Council: Article 263 — established 1990; Sarkaria Commission, Punchhi Commission reports
  • Zonal Councils: Statutory (not constitutional) — established under States Reorganisation Act, 1956

PYQ Analysis

YearTypeQuestionSubject
2024PrelimsS.R. Bommai case — federalism as basic structurePolity
2023Mains"Fiscal federalism faces new challenges in post-GST India." AnalyseGS2
2022PrelimsWhich list has 61 subjects? (State List)Polity
2021Mains"Governor is a bridge but also a bone of contention." DiscussGS2
2020PrelimsResiduary powers vest in — (Union)Polity
2019MainsCooperative vs Competitive federalism — trendsGS2
2018PrelimsSeventh Schedule — distribution of powersPolity
2017Mains"Indian federalism is unitary-biased." Critically examineGS2

Statement Elimination Guide

  • "India is a federation with a strong central bias." → TRUE, as per K.C. Wheare's "quasi-federal" characterization.
  • "The Constitution of India uses the term 'Federation'." → FALSE. Article 1 says "Union of States" — deliberately avoiding "federation."
  • "Article 249 allows Parliament to legislate on State subjects when Rajya Sabha passes a resolution." → TRUE — by 2/3rds majority present and voting.
  • "Sarkaria Commission recommended that Governors be appointed from outside the state." → TRUE — to ensure neutrality.

Current Affairs Hook

  • GST Compensation Cess (2026): End of guaranteed compensation period — states facing revenue shortfall — heart of fiscal federalism debate.
  • Governor vs State Govt (2024–25): Kerala, Tamil Nadu, Punjab, Maharashtra — Governor withholding/returning bills — SC interventions.
  • Delhi Services Act (2023): Centre's control over "services" in NCT of Delhi — SC held Delhi not a "state" in the full sense — federal dispute.
  • Inter-State Water Disputes: Cauvery, Krishna, Mahanadi — delays in tribunals — criticism of federal dispute resolution.

Interlinkages

  • Article 356 (President's Rule): Most controversial federal provision — S.R. Bommai made it justiciable
  • Inter-State Council (Article 263): Punchhi Commission recommended making it a constitutional necessity, not optional
  • Finance Commission: Fiscal federalism — vertical/horizontal devolution
  • NITI Aayog: Replaced Planning Commission — cooperative federalism platform
  • GST (101st Amendment, 2016): Transformed indirect taxation — shared authority
  • Language Policy: 8th Schedule — official language vs state languages — federal-cultural tension

Common Mistakes

  • Calling India a "federal state" without any qualification (UPSC expects "quasi-federal" or "federal with unitary bias")
  • Thinking residuary powers belong to States (they belong to Union — Article 248)
  • Believing the US Presidential system is the only "true federation" (India's Westminster model has different federal features)
  • Assuming Rajya Sabha represents states equally (yes, but unequal population representation)
  • Confusing Zonal Councils (statutory) with Inter-State Council (constitutional under Article 263)

Revision Snapshot

  • "Union of States" (Article 1) — not "Federation"
  • Federal features: Written constitution, division of powers, independent judiciary
  • Unitary features: Single constitution, strong Centre, Governor appointment, emergency powers
  • S.R. Bommai (1994): Federalism = basic structure
  • K.C. Wheare: "Quasi-federal"; Granville Austin: "Cooperative federalism"
  • Sarkaria Commission → Punchhi Commission on Centre-State relations

Source Notes

  • Constitution of India — Articles 1, 245–293 (Union-State relations)
  • Seventh Schedule — Union, State, Concurrent Lists
  • S.R. Bommai v. Union of India (1994)
  • Sarkaria Commission Report on Centre-State Relations (1988)
  • Punchhi Commission Report (2010)
  • Granville Austin — The Indian Constitution: Cornerstone of a Nation
  • K.C. Wheare — Federal Government