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Federalism in India

Introduction​

Federalism is a fundamental concept in the governance of India, dividing power between the central government and state governments. This chapter explores the principles of federalism as enshrined in the Constitution of India and examines its practical application through case laws.

Constitutional Provisions​

Article 1: Union of India​

Article 1(1) defines India as a "Union of States." This provision establishes the foundation of India's federal structure.

Article 3: Formation of New States​

Article 3 empowers the Parliament to create, alter, or abolish states. This provision demonstrates the central government's role in shaping the country's territorial boundaries.

Seventh Schedule​

The Seventh Schedule divides powers between the Union, States, and Concurrent lists. It provides a framework for determining which subjects fall under federal jurisdiction.

Case Laws​

Kesavananda Bharati v. State of Kerala (1973)​

In this landmark case, the Supreme Court upheld the basic structure doctrine, limiting the Parliament's power to amend the Constitution. The court ruled that certain provisions of the Constitution were beyond legislative alteration.

Legal Section Number: Article 368(5), 368(6)

Illustration: The court held that while the Parliament could amend most parts of the Constitution, it could not alter the basic structure of the Constitution, including fundamental rights and the principle of federalism.

Rustom Cavasji Cooper v. The Queen-Empress (1884)​

This case established the doctrine of paramountcy, which gave the British Crown precedence over provincial legislation. While this case predates India's independence, it laid the groundwork for understanding the relationship between central and state authorities.

Legal Section Number: Not directly related to current Indian law, but historically significant

Illustration: The case demonstrated the hierarchical nature of governance, where central authority takes precedence over regional jurisdictions.

S.R. Bommai v. Union of India (1994)​

This case addressed the issue of President's Rule in Karnataka and established guidelines for the imposition of central rule in states.

Legal Section Numbers: Articles 356, 357, 359

Illustrations:

  1. The court held that the President's Rule should be imposed only when there is a breakdown of the constitutional machinery in a state.
  2. It emphasized the need for the Governor to report to the President before recommending the imposition of central rule.
  3. The court also established that the period of central rule should be limited and subject to review.

Conclusion​

Federalism remains a crucial aspect of India's governance system. Through constitutional provisions and judicial interpretations, the balance of power between the center and states continues to evolve. As law students and future practitioners, it's essential to understand these concepts and their practical implications in shaping India's political landscape.