Question

Consider the following statements:

1. Indian federalism is biased towards the Centre.

2. The Constitution uses the word "federal' explicitly,

Which of the statements given above is/are correct?

• A. Only 1
• B. Only 2
• C. Both 1 and 2
• D. Neither 1 nor 2

Answer 1

Answer:

A. Only 1

• Nature of Indian Federalism: The Indian Constitution establishes a system that is often described as quasi-federal. It contains strong unitary features that create a distinct bias towards the Centre, particularly during emergencies. Key provisions supporting this include Article 356 (President's Rule), the appointment of Governors by the Centre, and the existence of a single integrated judiciary.
• Absence of the term 'Federal': The word 'federal' does not appear anywhere in the Constitution of India. Instead, Article 1 explicitly describes India as a Union of States. This phrasing highlights that the Indian federation is not the result of an agreement among sovereign states, and states do not have the right to secede from the Union.
• K.C. Wheare's Classification: Constitutional scholar K.C. Wheare famously characterized the Indian political system as quasi-federal, emphasizing its unique blend of federal structure and unitary spirit.
• Legislative and Financial Dominance: The Seventh Schedule of the Constitution divides powers into Union, State, and Concurrent lists. However, in cases of conflict between Central and State laws on matters within the Concurrent List, Central law generally prevails (Article 254). Furthermore, the Centre holds significant financial powers, often leaving States dependent on Central grants and transfers.