• UGI USER
  • Dec 09, 2022
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Indian federalism is the middle point between Unitarianism and confederalism. Analyze.

Approach:

  • Start by describing unitarianism and confederalism. Then enlist in tabular form aspects of Indian polity that exhibit unitarianism and aspects that exhibit confederalism-related features.
  • Mention how Indian federalism is different from both.
  • Conclude with summary.

Unitarianism is the feature of a State which is governed as a single entity by a dominant central government. Any sub-units of the state exercise only the powers that the central government chooses to delegate. On the other hand, confederalism is the feature of a State where the central authority is dominated by the sub-national units. In this model, the provincial governments are stronger than the centre. The units also have a right to secede from the Union.

Indian federalism has been variously described as quasi-federal, federal-in-form, unitary-in-spirit or bargaining federalism due to its unitary bias. At the same time, strongly federal features are also seen. A comparison between unitary and confederalism-related aspects of Indian federal scheme is as follows:

 

 

Unitary features Confederalism-related features
●     Single constitution and single citizenship. ●     Rigid constitutional arrangements create a dual polity with clearly prescribed powers for states under States list of 7th schedule.

 
●     Relatively more important subjects under the Union list of Schedule 7; residuary power lies with the union.

●     The states are bound by prevailing laws and directions issued by the centre (article 256).

 ●     Rajya Sabha provides an institutional arrangement to put check on the Union legislations.

●     Supremacy of the constitution and independent judiciary limits the power of the centre.

 
●     Parliament can create a new state by separating territory from any state, by merging states or parts of states. For example, the reorganisation of J&K in 2019. ●     A written constitution details mechanisms for upholding federalism and resolving federal disputes such as Inter-state council, Finance commission or SC’s original jurisdiction under article 131.

 
●     Governor of a state is appointed and removed by the centre; single Election Commission of India, CAG, presence of All-India Services.

 

 ●     Federalism has been recognised as a basic feature of the constitution by the Supreme court in SR Bommai Case.

 
●     Provisions for national emergency (article 352) and President’s rule (article 356).

 

Although the Indian federalism shows some of the features seen in unitarianism and confederalism, the nature of Indian polity is different from both:

  1. The states don’t have the right to secede from the Union, a right implied by confederalism.
  2. Rather than independence of units, the Indian federalism envisages interdependence through cooperative federalism.

Hence, it is apt to describe Indian federalism as the middle point between unitarianism and confederalism.