Distinctive features of Indian federalism

 

Though the Constitution possesses the essential features of a federation, it differs noticeably from the typical federal systems of the world in certain ways. These are the following:-

1.      Art. 249

¨      If Rajya Sabha passes a resolution by two-third members present and voting,

¨       that it is necessary in national interest that Parliament should make laws with respect to any matter enumerated in the State List,

¨       the Parliament can make laws for the States with respect to that matter

¨      for a period not exceeding one year and extendable upto one year at a time.

      2. Art. 352

§  during a period of national emergency

¨      Parliament can make law on matters in the State List

¨      give directions to the States as to how they should exercise their executive aurthority

¨      empower the Union officers to execute matters in the State List

¨      suspend the financial provisions of the Constitution

     3. Art. 356

§  If the President is satisfied that the govt of a State cannot be carried on in accordance with the provisions of the Constitution, he can -

¨      issue a proclamation to that effect

¨      assume all the functions of the govt of the State including powers of the Governor (Exception - he cannot assume any of the powers vested in or exercisable by the High Court)

¨      authorise Parliament to exercise the powers of the State legislature

      4. Art. 360

§  In case of declaration of financial emergency, the President can issue directions -

¨      for the reduction of salaries and allowances of public servants belonging to the Union or the States

¨      all money bills passed by the State legislatures are also subjected to the control of the Centre

     5. Art. 3

¨      The Constitution does not protect the territorial integrity of the States. Territorial integrity of constituent unit, as emphasised in other federal constitution, is absent in the Indian Constitution.

¨      the Parliament can by unilateral action increase or diminish the area or alter the boundaries or alter the name of any State.

¨      India is an 'indestructible Union of destructible States' as against the federal system of the USA which is 'indestructible Union of indestructible States'.

      6. Position of the Governors

¨      The Governors of the States are appointed by the President and to the extent they exercise their powers in their discretion, are answerable to him.

¨      Although the Governor is the head of a State, yet he can be removed and transferred by the Central govt and State govts do not have any say.

      7. No double citizenship -

¨      The Indian Constitution does not envisage dual citizenship.

¨      There is no State citizenship.

¨       Every Indian has the same rights of citizenship, no matter in what State he resides.

       8. Constitution -

¨      The States does not have the right to make their own Constitutions except Jammu and Kashmir.

¨      The Constitution of the Union and the States is a single frame from which neither can get out and within which they must work.

       9. Amphibian character of Indian Constitution -

¨      In normal times, it is framed to work as a federal system, but in times of war and other national emergencies it is designed to work as though it was unitary.

     10. Common All India Service -

¨      yet another pointer to unitary character of the Indian Constitution

¨      members of All India Services like IAS, IPS etc are appointed by the President on the recommendations of the UPSC and they remain in office as long as they enjoy the pleasure of the President.

¨      practically, they are accountable to the Union govt

¨      the States do not enjoy any control over the members if these services and always complain about the partisan outlook of these officers

    11. Single, unified and hierarchically integrated Judiciary -

¨      unlike other federal systems of the world, Indian Constitution provides for a single, unified and integrated judiciary with the Supreme Court at the apex

¨      the judges of the High Courts are independent of the States, which do not have any say with regard to their appointment, removal and service conditions

¨      There are no separate sets of laws for the Union and the States

¨      a single civil and criminal procedure operates throughout the country

¨      yet another unitary feature of the Indian Constitution

     12. Common and Centralised Election Commission -

¨      The Constitution provides for one Election Commission which is responsible for the conduct, supervision, direction and control of the elections for both, Parliament and State legislatures.

¨      members of the commission are appointed by the President and the States have no role to play in their appointment, removal, working or service conditions

¨      yet another unitary feature of the Indian Constitution

      13. Members of Rajya Sabha -

¨      Unequal representation of States in Rajya Sabha based on the criterion of population

¨       Apart from this, the President nominates 12 members to the Rajya Sabha

¨       Uneqal representation and nomination of members is a clear violation of federal principles

       14. Comptroller and Auditor General (C &AG) -

¨      It is a constitutional authority who is responsible for the audit of the accounts of both, the Union and the State govts.

¨      Appointed by the President and removed by him with the approval of the Parliament

¨      The States have no say in appointment and removal of C &AG.

       15. Art. 368 : Amendment procedures -

¨      the procedure for amendment is generally rigid under a federation but unlike other federal systems, the Indian Constitution provides for a comparatively simple procedure

¨      only the Parliament can propose the amendments to the Constitution

¨      A majority of Constitutional provisions can be amended b the Parliament itself

¨      States have their role only in those matters which affect the federal interests i.e. a Bill for amendment in matters of federal concern needs to be ratified by the legislatures of not less than one half of the States.