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Mon Jun 30, 2025
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Introduction:
India adopted a unique form of federalism, described in Article 1 as a “Union of States,” to ensure unity and integrity after Partition. As affirmed by Dr. B.R. Ambedkar, the Indian federation was designed to be indestructible, drawing from Canada’s centralised federal model rather than the U.S. federalism.
Body:
A. Rationale for a Strong Central Government in Federal Design
-Post-Partition insecurity and secessionist threats
a. The traumatic legacy of Partition and the complex integration of princely states created fears of balkanisation
b. Framers preferred a unitary bias to prevent disintegration
c. Term “Union of States” signified non-consensual federalism unlike the American model
-Linguistic and socio-cultural diversity
a. India’s vast ethnic, linguistic, and religious heterogeneity called for strong national cohesion
b. Centre acted as a stabiliser during the 1956 linguistic reorganisation and later in resisting Hindi imposition
c. Emphasised balancing unity with diversity
-Influence of Canadian federalism
a. Inspired by Canada’s “disintegration-based” federation, not “integration-based” like the U.S.
b. Allows Centre unilateral powers over states, including state reorganisation
c. Both countries use the term “Union” in official terminology
-Dominance of national political leadership
a. The Congress System enabled an inner-party federalism under Nehru
b. Later phases under Indira Gandhi showed centralising trends (e.g., Kerala dismissal 1959)
c. Post-2014 era reflects dominant party federalism, reshaping Centre-State power dynamics
B. Constitutional Provisions Strengthening the Union:
-Asymmetrical distribution of legislative powers
a. Union List has more entries than the State List, and in Concurrent List conflicts, Article 254 gives supremacy to Union law
b. Under Article 249, Parliament can legislate on state subjects during national interest with Rajya Sabha resolution
-Power of state reorganization
a. Article 3 empowers Parliament to unilaterally create, merge or rename states
b. Used in creation of Telangana (2014) and J&K reorganisation (2019)
c. States have no right to secede
-Control over executive machinery
a. Governors are appointed by the President (Article 155) and act as Centre’s representatives
b. All India Services (Article 312) ensure Centre retains personnel control over states
-Emergency powers and override provisions
a. Under Article 356, the Centre can impose President’s Rule in states
b. Article 360 allows for financial emergency, granting Parliament dominance
c. S.R. Bommai case (1994) placed checks on arbitrary dismissal but upheld the provision’s validity
-Financial centralisation and vertical imbalance
a. Finance Commission governs vertical and horizontal devolution, but taxation powers favour the Centre
b. GST regime centralized indirect taxation, with GST Council often reflecting Union's weight
c. States depend heavily on central grants and compensation
Conclusion:
While India’s federal architecture was born with a centralizing bias, its democratic vitality now demands a shift toward cooperative federalism. Moving beyond coercive centralism, mechanisms including the Inter-State Council, GST Council, and NITI Aayog must evolve into platforms of shared governance, fulfilling the spirit of constitutional federalism.