Indian Federalism, Federal and Non – Federal Features

by Yuvi - January 31, 2021

Indian Constitution Federalism, Federal and Non – Federal Features

The Constitution provides a federal system of government in the country even though it describes India as ‘a Union of States’. The term implies that firstly, the Indian federation is not the result of an agreement between independent units, and secondly, the units of Indian federation cannot leave the federation. The Indian Constitution contains both federal and non- federal features.

Federal Features

The federal features of the Constitution include:

(1) A written constitution which defines the structure, organization and powers of the central as well as state governments
(2) A rigid constitution which can be amended only with the consent of the states
(3) An independent judiciary which acts as the guardian of the constitution.
(4) A clear division of powers between the Center and the States through three lists- Union list, State list and Concurrent list
(5) The creation of an Upper House (Rajya Sabha) which gives representation to the states, etc.

Non – Federal Features

The Constitution also contains a number of unitary features:

(1) The creation of a very strong centre
(2) The absence of separate constitutions for the states
(3) The right of Parliament to amend major portions of the constitution by itself
(4) A single citizenship for all
(5) Unequal representation to the states in the Rajya Sabha
(6) The right of Parliament to change the name, territory or boundary of states without their consent
(7) The presence of All- India Services which hold key positions in the Centre as well as the States appointment of the Governor by the President
(8) The granting of extensive powers to the President to deal with various kinds of emergencies
(9) The right of Parliament to legislate on state subjects on the recommendation of the Rajya Sabha
(10) The presence of a single judiciary with the Supreme Court of India at the apex
(11) The residuary powers under the Indian Constitution are assigned to the Union and not to the States.
(12) The exclusive right of Parliament to propose amendments to the Constitution.
(13) On account of the presence of a large number of non- federal features in the Indian Constitution India is often described as a ‘quasi-federal ‘country.