Though the federal principle is dominant in our Constitution and that principle is one of its basic features, it is equally true that federalism under the Indian Constitution leans in favour of a strong Centre, a feature that militates against the concept of strong federalism.
Though the federal principle is dominant in our Constitution and that principle is one of its basic features, it is equally true that federalism under the Indian Constitution leans in favour of a strong Centre, a feature that militates against the concept of strong federalism.
Subject: Indian Polity
The coexistence of unitary and federal features in India's Constitution reflects what Dr. B.R. Ambedkar termed as "cooperative federalism," creating a system that is "federal in form but unitary in spirit."
Features Supporting Strong Centre
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Legislative Dominance: The Union List contains 97 subjects compared to 66 subjects in the State List, giving the Centre broader legislative jurisdiction.
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Financial Supremacy:
- The Centre controls major revenue sources and determines state transfers (₹22,74,541 crore in 2024-25).
- Article 280 establishes the Finance Commission for resource distribution.
- States depend on central grants and special loans (₹1,30,000 crore for capital expenditure in 2024-25).
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Administrative Control:
- All India Services are controlled jointly with the Centre having final authority.
- Article 356 empowers the Centre to impose President's Rule.
- Governors act as Centre's agents in states.
Federal Safeguards
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Constitutional Division of Powers:
- Seventh Schedule clearly demarcates Union, State, and Concurrent subjects.
- Recent Supreme Court judgments (2024-25) strengthen state autonomy:
- Upholding West Bengal's authority regarding CBI jurisdiction.
- Setting timelines for Governor's actions on state bills.
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Institutional Mechanisms:
- Inter-State Council under Article 263 promotes Centre-State coordination.
- GST Council exemplifies cooperative fiscal federalism.
- NITI Aayog facilitates collaborative policy-making.
Balancing Mechanisms
- Judicial Interpretation:
- Supreme Court's recognition of federalism as a "basic feature".
- 2023 ruling on Delhi government's administrative powers.
- Protection of states' legislative domain.
The Indian federal structure, while tilted towards a strong Centre, maintains essential federal principles through constitutional safeguards and evolving judicial interpretation. The system has shown resilience through mechanisms like the GST Council and NITI Aayog, demonstrating that "cooperative federalism" can effectively balance national unity with regional autonomy.
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