DSM 252: Indian Political System

1. Nature of Federalism in India

The concept of federalism in the Indian context refers to the division of powers between the Union (Central) government and the State governments. Unlike a purely federal system like the USA, India possesses a unique structure that scholars often describe as "Quasi-federal" or a "Federation with a strong centralizing tendency".

Key Characteristics of Indian Federalism

• Two-Tier Government: The Constitution establishes a dual polity consisting of the Union at the Center and the States at the periphery.
• Written and Supreme Constitution: The division of powers is clearly specified in a written document which is the supreme law of the land.
• Independent Judiciary: An independent judiciary, headed by the Supreme Court, acts as the arbiter in disputes between the Union and the States.
• Division of Powers: Powers are divided through three lists in the Seventh Schedule: the Union List, the State List, and the Concurrent List.

Unitary (Centralizing) Features

Despite being federal in form, the Constitution contains features that empower the Union over the States:

• Single Citizenship: Unlike many federations, India provides only one citizenship for the whole country.
• Appointment of Governor: The Governor, who is the constitutional head of a State, is appointed by the President and acts as an agent of the Center.
• Emergency Provisions: During an emergency, the federal structure can transform into a unitary one, where the Union assumes control over State matters.
• All-India Services: Officers (IAS, IPS) are recruited by the Center but serve in the States, creating a link of central control.

"The Indian Constitution is federal in form but unitary in spirit."

2. Dynamics of Union-State Relations

Union-State relations are categorized into three broad areas to ensure cooperation and resolve conflicts.

A. Legislative Relations

The Constitution divides legislative authority based on territory and subject matter:

• Union List: Subjects of national importance (e.g., Defense, Foreign Affairs) where only Parliament can legislate.
• State List: Subjects of local importance (e.g., Police, Agriculture) where States have primary authority.
• Concurrent List: Subjects where both can legislate (e.g., Education, Forests). In case of conflict, Union law generally prevails.

B. Administrative Relations

States are expected to exercise their executive power to comply with Union laws. The Union can issue directions to States on specific matters, such as the protection of railways or communication lines.

C. Financial Relations

This is often the most contentious area. The Union has more lucrative revenue sources, while States have heavy expenditure responsibilities for welfare. The Finance Commission (appointed every 5 years) recommends the distribution of tax revenues between the Center and States.

3. Sarkaria Commission

The Sarkaria Commission was set up in 1983 to review the working of Center-State relations and suggest changes within the constitutional framework.

Major Recommendations

• Article 356 (President's Rule): It should be used very sparingly, only as a last resort when all other alternatives have failed.
• Role of the Governor: The Governor should be an eminent person from outside the state, not involved in local politics, and not a member of the ruling party at the Center.
• Inter-State Council: Recommended the permanent establishment of an Inter-State Council to promote coordination (established in 1990).
• Concurrent List: The Center should consult the States before passing laws on subjects in the Concurrent List.

4. Punchhi Commission

The Punchhi Commission (the Second Commission on Center-State Relations) was appointed in 2007 to address new challenges in federalism in the era of globalization and coalition politics.

Key Recommendations

• Fixed Tenure for Governors: Governors should have a fixed five-year term, and their removal should not be at the arbitrary whim of the Center.
• Impeachment of Governors: Suggested a process similar to the President’s impeachment for removing State Governors.
• Localized Emergency: Recommended that Article 355/356 could be applied to a specific district or area rather than the entire state if possible.
• Communal Violence: Recommended that the Center should have the power to deploy forces in states for short periods during communal riots without the State's consent, provided it's necessary for national security.