Federal System of Government in India
Indian Polity › Systems of Government · Topic 12.2
India is a Union of States (Article 1) with a federal structure modelled on Canada: a dual polity, written Constitution, division of powers and independent judiciary, combined with unitary features such as a strong Centre, single citizenship and emergency provisions.
5 min read · UPSC Prelims · Polity · Systems of Government
At a Glance
- What it is A system where powers are divided between the Centre and states by the Constitution
- Term in Constitution Article 1 says “Union of States”; the word federation is not used
- Model The Canadian model, with a strong Centre
- Features Seven federal and fourteen unitary features
- Exam link UPSC Prelims, Polity: Systems of Government
Where Does It Fit?
This is the second topic of the category on Systems of Government. The framers adopted a federal system for two main reasons: the large size of the country and its socio-cultural diversity. It reconciles national unity with regional autonomy and ensures efficient governance.
Unitary and Federal Governments
A unitary government is one in which all the powers are vested in the national government, and the regional governments, if any, derive their authority from it. A federal government is one in which powers are divided between the national and regional governments by the Constitution itself, and both operate independently in their jurisdictions. Britain, France, Japan and China are unitary; the USA, Switzerland, Australia, Canada, Russia and Brazil are federal. The term federation comes from the Latin word foedus, meaning treaty or agreement. A federation can be formed by integration, as in the USA, or by disintegration, as in Canada.
The word federation is nowhere used in the Constitution. Article 1 describes India as a Union of States. Dr Ambedkar explained that this phrase was preferred to indicate two things: the Indian federation is not the result of an agreement among the states like the American federation, and the states have no right to secede. The federation is a union because it is indestructible. The Indian federal system is based on the Canadian model and not the American model, resembling the Canadian federation in its formation by disintegration, in the preference for the term Union, and in its centralising tendency.
Federal and Unitary Governments Compared
| Point | Federal government | Unitary government |
|---|---|---|
| Government | Dual: national and regional | Single national government, which may create regional governments |
| Constitution | Written | May be written (France) or unwritten (Britain) |
| Division of powers | Between national and regional governments | None; all powers with the national government |
| Supremacy | Supremacy of the Constitution | May be supreme (Japan) or not (Britain) |
| Rigidity | Rigid | May be rigid (France) or flexible (Britain) |
| Judiciary | Independent | May or may not be independent |
| Legislature | Bicameral | Bicameral (Britain) or unicameral (China) |
The units of a federation have different names: states in the USA, cantons in Switzerland, provinces in Canada and republics in Russia.
Federal Features
| Feature | Detail |
|---|---|
| Dual polity | The Union and the states, each sovereign in its field |
| Written Constitution | Lengthiest in the world; originally 395 Articles in 22 Parts and 8 Schedules, now about 470 Articles in 25 Parts and 12 Schedules |
| Division of powers | Seventh Schedule: Union List 98 subjects, State List 59, Concurrent List 52; residuary with the Centre |
| Supremacy of the Constitution | Laws must conform; invalid laws can be struck down by courts |
| Rigid Constitution | Federal provisions need a special majority and half the states |
| Independent judiciary | To protect the Constitution and settle disputes between the Centre and states |
| Bicameralism | Rajya Sabha represents the states; Lok Sabha represents the people |
Unitary or Non-Federal Features
| Feature | Detail |
|---|---|
| Strong Centre | More and more important subjects in the Union List, overriding authority in the Concurrent List, and residuary powers with the Centre |
| States not indestructible | Parliament can change the area, boundaries or name of a state by simple majority; an indestructible Union of destructible states |
| Single Constitution | States cannot frame their own; Jammu and Kashmir had its own until 2019 |
| Flexibility | Bulk of the Constitution is amended by Parliament alone; only Parliament initiates |
| No equality of state representation | Rajya Sabha seats by population, from 1 to 31 |
| Emergency provisions | Federal structure becomes unitary without a formal amendment |
| Single citizenship | No separate state citizenship |
| Integrated judiciary | One system of courts for Central and state laws |
| All-India services | IAS, IPS and IFoS common to Centre and states |
| Integrated audit machinery | The CAG audits Union and state accounts |
| Parliament’s authority over the State List | Possible by Rajya Sabha resolution in the national interest |
| Appointment of the Governor | By the President, who holds office during the President’s pleasure |
| Integrated election machinery | The Election Commission conducts Union and state elections |
| Veto over state bills | The President has an absolute veto over state bills reserved by the Governor |
Why Is This Topic Important?
- Frequent theme Federal versus unitary features are standard Mains material
- Link to 12.4 Basis of the quasi-federal debate
- Comparison base Leads to the Indian, American and British comparison
What Came Next?
The next topic compares the Indian, American and British models of government.
Key People and Terms
- Dual polity Union and states
- Union of States Article 1 phrase
- Foedus Latin for treaty
- Residuary powers Subjects in no list
- Integrated judiciary Single hierarchy of courts
Exam Corner
Points to Remember
- Article 1: Union of States.
- Based on the Canadian model.
- Union List 98, State List 59, Concurrent List 52.
- Indestructible Union of destructible states.
Do Not Confuse With
- Federation and Union Union stresses no right to secede
- Indian and American residuary powers India: Centre; USA: states
- Single citizenship and dual citizenship India has only one
Memory Hook
Union of States, Canadian model: federal in form, central in tilt.
Mains Angle
Questions on this topic usually ask whether India is truly federal. Use these points to add depth.
- Federal features Dual polity, division of powers, judicial review
- Unitary bias Emergency, Governor, All-India Services
- Judicial view Bommai calls federalism a basic feature
- Compromise Autonomy with national integrity
A Question You May Face
An original practice question, not a past paper question.
“Is India a federal or a unitary state? Discuss with reference to the federal and unitary features of the Constitution.”
How to Answer
- Introduction Definitions and Article 1.
- Federal features Seven.
- Unitary features Selected.
- Conclusion Bommai and Ambedkar.
GS Relevance
Frequently Asked Questions
Why does the Constitution say Union of States?
Dr Ambedkar explained that Union of States was preferred to Federation of States because the Indian federation is not the result of an agreement among the states, and because states have no right to secede from it. The union is indestructible.
Is the Indian federation based on the American model?
No. The Indian federal system is based on the Canadian model, which establishes a very strong Centre. India resembles Canada in its formation by disintegration, its preference for the term Union and its centralising tendency in vesting more powers in the Centre.
What are the main federal features of the Constitution?
The main federal features are dual polity, a written Constitution, division of powers through three lists, supremacy of the Constitution, a rigid amendment process for federal provisions, an independent judiciary, and a bicameral Parliament in which the Rajya Sabha represents the states.
What are the main unitary features of the Constitution?
They include a strong Centre, states that are not indestructible, a single Constitution, a flexible amendment process, unequal state representation, emergency provisions, single citizenship, an integrated judiciary, All-India Services, and a Governor appointed by the President.
How did the Supreme Court describe Indian federalism in the Bommai case?
In S.R. Bommai (1994), the Court held that the Constitution is federal and that federalism is a basic feature. It said states are not mere appendages of the Centre and that exceptions to their autonomy do not destroy the federal character.
PYQ Practice — Statement Analysis
1 The word federation is used in the Constitution.
Article 1 says Union of States.
2 Residuary powers in India vest in the Centre.
Unlike in the USA.
3 The Indian federation is an indestructible Union of indestructible states.
Of destructible states.
4 India has dual citizenship like the USA.
India has single citizenship.
Related Topics
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