What is federalism?
Federalism is a system in which power is divided between two (or more) levels of government: one for the whole country and others for regions (states or provinces). Its key features:
- Each level has its own powers written in the Constitution; one cannot take away the other's powers on its own.
- People are ruled by, and vote for, both levels.
- The Constitution is supreme and hard to change without both levels.
- An independent judiciary settles disputes between the levels.
Some federations were formed when independent states came together (USA). Others, like India, were formed to hold together a large, diverse country. The Constitution calls India a 'Union of States'. Powers are divided into the Union, State and Concurrent Lists.
Federalism with a strong centre
At independence, the country had just been divided, there were princely states to join, and there was poverty to fight. The makers wanted unity and planned development, so they made the centre strong:
- Residuary powers (subjects not in any list) belong to the Union.
- Article 3: Parliament can form new states, change boundaries or names; the state is only consulted.
- Emergency powers let the centre take charge of states.
- Financial power: the Union collects the biggest taxes; states depend on grants and a share decided by the Finance Commission.
- Governor appointed by the centre (President) can recommend President's rule.
- All India Services (IAS, IPS) are controlled by the centre though they serve states.
- Parliament can make laws on State List subjects in some cases (Rajya Sabha resolution, international treaties).
So scholars call India quasi-federal: federal in form, with unitary features.
Conflicts in India's federal system
Centre-state relations
Till the 1960s the same party ruled at the centre and in most states, so conflicts were few. After 1967 other parties won in many states and tensions rose.
- Demand for autonomy: states have asked for more powers, more financial resources, freedom in administration, and respect for their language and culture (for example, opposition to making Hindi compulsory).
- Role of the Governor: Governors have been accused of acting for the ruling party at the centre, for example while inviting parties to form government.
- President's rule (Article 356): if the Governor reports that a state government cannot run as per the Constitution, the centre can dismiss it. It was misused many times. In the S.R. Bommai case (1994) the Supreme Court said the dismissal can be checked by courts and majority must be tested on the floor of the house.
- New states: demands for new states (Telangana, Uttarakhand, Jharkhand, Chhattisgarh) caused movements.
Inter-state conflicts
States quarrel over borders (for example, Belagavi between Maharashtra and Karnataka) and over river water (for example, the Cauvery between Karnataka and Tamil Nadu). Tribunals and courts try to settle these.
Special provisions
India practises asymmetric federalism: not all states are treated exactly the same. Some get special provisions because of their history, tribal population, hill areas or backward regions:
- Article 371A-371J: protect customs, land and local laws in states such as Nagaland, Mizoram, Manipur, Sikkim, Arunachal Pradesh, and special development boards for regions of Maharashtra, Gujarat and Karnataka. For example, in Nagaland no Act of Parliament on religious or social practices or customary law applies unless the state assembly agrees.
- Fifth and Sixth Schedules: special administration and autonomous councils for tribal areas.
- Jammu and Kashmir had special status under Article 370, with its own constitution. In 2019 this status was removed and the state was reorganised into two Union Territories.
Such provisions help diverse regions feel included, while critics ask whether unequal treatment is fair.
Try it: sort the powers
Make three boxes labelled Union, State and Concurrent. Write 10 slips: defence, police, education, railways, agriculture, forests, currency, public health, marriage, cyber-crime (a new subject). Sort them. Where does 'cyber-crime' go, and why? (Hint: residuary powers.) Then switch situations in the last 3D step and see how an emergency changes the picture.
Key formulas and definitions
- Federalism = 2 levels + powers in Constitution + supreme Constitution + independent court
- India = 'Union of States' (holding-together federation)
- Three lists: Union, State, Concurrent; residuary powers โ Union
- Article 3: Parliament can create/rename states; Article 356: President's rule
- S.R. Bommai case (1994): limits on dismissing state governments
- Special provisions: Articles 371A-371J; Article 370 (J&K) removed in 2019
Worked examples
1. A new subject like cyber-security is not in any list. Who can make laws on it?
Parliament, because residuary powers belong to the Union.
2. A Governor reports that a state government has lost its majority, and the centre dismisses it without a vote in the assembly. What did the Bommai judgement say?
The majority must be tested on the floor of the assembly, and the dismissal can be reviewed by courts. So such a dismissal can be struck down.
3. Why is India called a 'holding together' federation?
Because the federation was created by dividing powers within an already united large country to keep it together, not by independent states coming together as in the USA.
4. Give one example each of a centre-state conflict and an inter-state conflict.
Centre-state: misuse of Article 356 or disputes over the Governor's role. Inter-state: the Cauvery water dispute between Karnataka and Tamil Nadu.
Common mistakes
- Thinking India's Constitution uses the word 'federation'. It says 'Union of States'.
- Saying residuary powers belong to states (as in the USA). In India they belong to the Union.
- Thinking the President can dismiss a state government freely. Courts now check such action (Bommai case).
- Saying every state is treated exactly the same. Special provisions create asymmetry.