Federalism is a government system in which authority is split between two or more tiers of government, such as the central government and the states or provinces. Federalism allows for regional autonomy and variety within a larger political body.

The Indian Constitution established a federal framework that has certain unitary elements. It is frequently referred to as a quasi-federal system because it incorporates aspects of both federation and union. The Union government and the state governments are given different legislative, administrative, and executive powers under the Constitution. The legislative powers are divided into three lists: the Union List, the State List, and the Concurrent List, which represent the powers given to the union government, the state governments, and the powers shared by them. The Constitution also provides for the establishment of a multilevel or multilayered federation with multiple modes of political power distribution.

In its setting, Indian federalism is unique in that it went from a unitary system under British rule to a federal system after independence. Over time, Indian federalism has faced a number of challenges and issues, including the integration of princely states, state linguistic reorganization, regional movements and demands for autonomy, center-state relations and conflicts, fiscal federalism and resource sharing, cooperative federalism and inter-state coordination, and so on.

India has a federal structure, yet it leans more toward a unitary government. It is frequently referred to as a quasi-federal system since it combines elements of both a federal and a unitary system. According to Article 1 of the Indian Constitution, “India, that is Bharat, shall be a union of states.” The term “federation” is not mentioned in the constitution.

Elements of federalism were introduced into modern India by the Government of India Act of 1919 which separated powers between the centre and the provincial legislatures.

Federal Features of the Indian Union

• Governments at two levels – centre and states
• Division of powers between the centre and states – there are three lists given in the Seventh Schedule of the Constitution which gives the subjects each level has jurisdiction :
  • Union List
  • State List
  • Concurrent List
• Supremacy of the Constitution – The basic structure of the Constitution is indestructible as laid out by the judiciary. The Constitution is the supreme law in India.
• Independent judiciary – The Constitution provides for an independent and integrated judiciary. The lower and district courts are at the bottom levels, the high courts are at the state levels and at the topmost position is the SC. All courts are subordinate to the Supreme Court.

Unitary Features of the Indian Union

• The flexibility of the Constitution – The Constitution is a blend of flexibility and rigidity. Certain provisions of the Constitution can be easily amended. In case the amendments seek to change aspects of federalism in India, the provision to bring about such amendments is not easy.
• More power vests with the Centre – the constitution guarantees more powers with the Union List. On the Concurrent List of subjects, the parliament can make laws that can override the laws made by a state legislature on some matters. The parliament can also make laws regarding certain subjects in the State List.
• Unequal representation of states in the Rajya Sabha – the representation of the states in the upper house is based on the states’ populations. For example, Uttar Pradesh has 31 seats and Goa has 1 in the Rajya Sabha. In an ideal federal system, all the states should have equal representation.
• The executive is a part of the legislature – in India, the executive in both the centre and the state is a part of the legislature. This goes against the principle of division of powers between the different organs of the government.
• Lok Sabha is more powerful than the Rajya Sabha – in our system, the Lok Sabha is more powerful than the upper house and unequal powers to two houses is against the principle of federalism.
• Emergency powers – The centre is provided with emergency powers. When an emergency is imposed, the centre has increased control over states. This undermines the autonomy of the states.
• Integrated judiciary – The judiciary in India is integrated. There is no separate judiciary at the centre and the state levels.
• Single citizenship – In India, only single  Citizenship is available to citizens. They cannot be citizens of the state as well. This helps in increasing the feeling of nationality as it forges unity amidst regional and cultural differences. It also augments fundamental rights such as the freedom of movement and residence in any part of the nation.
• Governor’s appointment – The  Governor of a state acts as the centre’s representative in the state. The state government does not appoint the governor, the centre does.
• New state formation – the parliament has the power to alter the territory of a state by increasing or reducing the area of the state. It can also change the name of a state.
• All India Services – Through the All India Services such as the IAS, IPS, etc. the centre interferes with the executive powers of the states. These services also offer uniformity in administration throughout the nation.
• Integrated election machinery – The Election Commission of India is responsible for conducting free and fair elections at both the centre and the state levels in India. The members of the EC are appointed by the president.
• Veto over state bills – The governor of a state can reserve certain kinds of bills for the president’s consideration. The president enjoys absolute veto on these bills. He can even reject the bill at the second instance that is when the bill is sent after reconsideration by the state legislature. This provision is a departure from the principles of federalism.
• Integrated audit machinery – the president of the country appoints the CAG who audits accounts of both the centre and the states.
• Power to remove key officials – the state government or state legislature does not have the authority to remove certain key government officials even at the state level like the election commissioner of a state, judges of the High Courts or the chairman of the state public service commissions.