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Laxmikanth Ch 13: Federal System (CAPF Digest)
Original digest of Indian federalism: the federal and unitary features, why it is quasi-federal with a strong Centre, and the contrast with the United States
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At a glance
PaperPaper ISubjectPolityImportanceHigh
Book DigestPolityLaxmikanthFederalismQuasi FederalUnitary Bias
India is a federation with a strong unitary bias, often called "quasi-federal" or a "federation with a centralising tendency", because it combines a clear division of powers between the Centre and the States with a set of features that tilt the balance towards the Centre.
- Dual polity: a Union government and State governments, each with its own sphere.
- Written Constitution: the lengthiest written charter, specifying the structure and powers.
- Division of powers: three lists in the Seventh Schedule (Union List, State List, Concurrent List).
- Supremacy of the Constitution: both levels operate within its bounds.
- Rigid Constitution: provisions affecting the federal structure can be amended only with State ratification.
- Independent judiciary: the Supreme Court settles Centre-State and inter-State disputes.
- Bicameralism: the Rajya Sabha represents the States.
- A strong Centre: the Union List is the longest and most important, and the Centre prevails over the States on the Concurrent List.
- States are not indestructible: Parliament can alter State boundaries and names by simple majority under Article 3 (see ch 05 union and territory).
- A single Constitution for both levels (except, formerly, Jammu and Kashmir).
- Flexibility of the Constitution in most parts.
- No equality of State representation in the Rajya Sabha (it is by population, unlike the equal representation in the US Senate).
- Emergency provisions that can turn the federal system into a virtually unitary one (Articles 352, 356, 360).
- Single citizenship.
- An integrated judiciary that enforces both Central and State laws.
- All-India Services (IAS, IPS, IFoS) common to the Centre and the States, controlled by the Centre.
- Appointment of Governors by the Centre.
- Integrated audit (CAG) and election machinery (Election Commission).
- A bias in the distribution of financial resources towards the Centre.
Article 1 uses "Union of States" deliberately. Dr Ambedkar explained that the Indian federation is not the result of an agreement among the States, and that no State has the right to secede; the country is one integral whole.
- The Indian model leans more towards Canada (a strong Centre, residuary power with the Centre, Centre-appointed Governors) than towards the United States (a coming-together federation with strong States and equal Senate representation).
- Indian federalism has evolved through "cooperative federalism" (institutions such as the GST Council and the erstwhile Planning Commission, now NITI Aayog) and at times "competitive federalism".
CAPF angle: this chapter is directly security-relevant. The strong-Centre design (All-India Services, central forces, the power to deploy the Central Armed Police Forces in the States, and emergency provisions) is what allows the Union to act in matters of internal security even though "police" and "public order" are State subjects under the State List. Examiners ask for the federal-versus-unitary feature lists and the "quasi-federal" label. The deployment of central forces and Centre-State friction over it links to ch 14 centre state relations and human rights and internal security.