Is the Indian Constitution a federal structure ?

 Why is it in the news?

Hon’ble Shri DY Chandrachud, the Chief Justice of India, while delivering inaugural Lok Satta lecture in Mumbai on 26th October, said “States and union are both creatures of the constitution. They must act in deference to their legislative boundaries in finding meaningful solutions to modern day problems. Our ability to address these challenges is the litmus test for our imperfect federalism and the framers’ faith in it. If federalism in the years gone by was about adjusting to political realities in terms of legislative powers, in the years to come should be evaluated based on its ability to foster democracy and constitutional ideals of equality, liberty, dignity and fraternity. “

Introduction

The Indian Constitution does not use the word federation. Instead, it uses the term union. Article 1 says that India, that is , Bharat shall be a union of states. It means that unlike federation, the central government is not the outcome of agreement among federating units. Secondly,  the federating units have no right to secede from the central government. However, the Indian constitution postulates a federation with a centralising tendency. In the Bommai case (1994), the Supreme Court laid down that the constitution of India is federal and federalism is its basic feature. The court held that the states have independent constitutional existence. They are not subordinates or agents of the centre. Within the sphere allotted to them, states are supreme. 

What is Federalism ?

1.Federalism pre-supposes a dual government where both central and the state governments derive their power from the constitution. The power is divided between the national and state governments with clear boundaries. Secondly, it has a written constitution where both central and state governments have defined jurisdictions.  An independent judiciary which acts as the guardian of the constitution. Bicameral legislature is established whereby the second chamber represents the interests of the states. Federalism pre-supposes a rigid constitution so that no constitutional amendment can be made by ordinary legislation. In a federal structure, supremacy of the constitution is of paramount importance and thus, whenever Parliament or State legislature exceeds its power or does not conform to the provisions of the constitution, the laws passed by the Parliament or state assemblies are struck down. 

2.On the contrary, in a unitary government, all powers are vested in the central government. Moreover, the central government creates regional governments like in the UK. 

Federal features of the Indian Constitution

1.The constitution of India establishes a dual polity consisting of the union and state governments. At present, there are 28 states. They have been assigned powers separately. They are not subordinate to the Union Government. While, the Union Government deals with foreign, defence, currency, communication and so on the state governments have been bestowed with to work for regional interests like public order, agriculture, health, local self government, police etc. 

2. The Seventh Schedule of the constitution of India consists of three lists - The Union List comprising 100 subjects, the State List comprising 59 subjects and the Concurrent List comprising 52 subjects. Both the central and state governments can make laws on the subjects included in the concurrent list. But in case of any conflict, the laws made by the Parliament would supersede the laws made by state assemblies under concurrent lists. However, unlike the US constitution, the residuary subjects are vested in the central government. 

3.Our constitution clearly gives its supremacy. Thus, in case the Parliament or State Legislature exceeds its powers or its limitations, the laws passed by the legislature or parliament are declared null and void by the Supreme Court under judicial review. 

4. Ours is a written constitution. The constitution was drafted and prepared by the constituent assembly represented by 299 members from the nook and corner of the country. It contains 470 articles and 12 schedules. The constitution has clearly discussed and demarcated  the structures and functions of the central, state and local governments. 

5.Our constitution is a mixture of flexibility and rigidity. While some of the provisions of the constitution can be amended by both Houses of the Parliament with special majority, the federal structure like the central state relations, judiciary, inter-state commerce can only be amended by both Houses of Parliament and  the concurrence of half of the state legislature by the simple majority. 

6. Our constitution has made provisions for an independent judiciary by securing the tenures of judges, fixed conditions of service and independence from the executive. It has also been assigned the task to settle the disputes between the union and the state governments or between state governments. 

7. Our constitution lays down a bicameral legislature consisting of an Upper House (Rajya Sabha) and a Lower House (Lok Sabha). While the Lower House is elected on the basis of universal suffrage, the Upper House is represented by states to protect their interests.  

8.The judicial intervention by the Supreme Court further strengthened the federal features of our constitution. For example, the Supreme Court held that a bill passed by the state legislature and presented before the Governor for his assent, cannot withhold the bill indefinitely. Rather a Governor can withhold with the assent of the bill only to send it for reconsideration, thereby circumscribing the discretionary power of the Governor.   Similarly, in the Bommai case (1994), the Supreme Court held that the test of the majority can only be held at the floor of the House, thereby, limiting the misuse of article 356 by the Governor for the imposition of  the President’s Rule in the state. 

9. Assertion of autonomy by states, demand for more financial grants by the states from the divisible pool of the central proceeds, disputes between states over the sharing of river water, territorial disputes between different states, creation of new states and finally emergence of regional parties to reduce regional disparities and for balanced regional development are some of the important federal trends that are being reflected in the working of the constitution of India for the last 75 years. 

Centralising features of the constitution of India  

There are certain centralising features which contrast the Indian constitution from the US constitution in so far as  the federal features are concerned. These are 

• Emergency Provisions under articles 352, 356 and 360

• Integrated judiciary 

• All India Services 

• Integrated audit system

• Integrated election commission

• Appointment/ Powers and Functions of Governor

• Parliament's authority even in the matters relating to the state list

• Single citizenship 

• Single constitution

• No equality of state representation in the Rajya Sabha

• More powers to the union government than state governments 

• The President enjoys absolute veto over state bills 

Conclusion

1. The Indian constitution postulates cooperative federalism where the union and state governments work together to iron out the differences that arise in governance to achieve the common goal of development. 

2. The states are in no way dependent upon the centre for the legislative or the executive authority. Both the centre and the state derive their power from the constitution itself. 

3.However, to strengthen the unity and integrity of India, certain exceptional provisions were made to face the challenges in abnormal/ exceptional situations so that in case of emergencies , India acts as a single powerful body. That’s why provisions of emergency, flexibility in the amendment of the constitution and a strong central government have been made. 

Reorganisation of States and Union Territories after Independence

 Why is it in the news ?
1. The J & K cabinet led by Chief Minister Umar Abdullah passed a resolution calling for the restoration of the statehood to the Union territory. However, the opposition party criticised the move as the resolution did not take into account the restoration of article 370, giving special status to J & K. 
2. It should be noted that on 5th August 2019, the Union Government abrogated article 370 and thus, snatched away the special status accorded to it by the constitution of India. In addition, the province of J & K was split into two union territories of J & K with legislative assembly and Ladakh with no legislative assembly. 
3. J & K lieutenant Governor Shri Manoj Sinha has cleared the resolution passed by the Umar Abdullah cabinet urging the centre to restore the statehood to the Union Territory. 
4. The official statement said that the restoration of statehood will be the beginning of a healing process, reclaiming the constitutional rights and protecting the identity of the J & K. 
5. The cabinet has authorised the chief minister to take up the matter with the Prime Minister and Government of India for the status of statehood. It has been learnt that the newly elected Chief Minister Umar Abdullah would be proceeding to New Delhi in the coming days to meet the Prime Minister and Union Ministers in this regard. 
6. The downgrading of a state into a Union Territory was the first example in independent India. There are many examples when union territories were upgraded to statehood like Himachal Pradesh, Mizoram, Manipur, Tripura, Goa, Arunachal Pradesh. The contention of the Union Government was that the special status of J & K and downgrading of the state to union territory was done to control separatist forces in the valley. It was necessary to check Pakistani sponsored terrorist activities into the valley. 


History of reorganisation of states and Union Territories in India
1. India is a vast country. It cannot be run from one centre. So to run the administration smoothly, the country has been divided administratively into different provinces. 
2. In the Mauryan Period, there were four provincial centres headed by the scions of the royal family. These centres were Takshila near Peshawar Pakistan, Ujjayini (Malwa), Tosili (Odisha), Suvarngiri (Karnataka).
3. The Sultans of Delhi introduced the Iqta system headed by Mukti or Wali. Later on, these Iqtas became provinces. During the period of Allauddin Khilji, provinces of Bengal, Bihar, Punjab, Badaun (UP), Gujarat, Malwa and Deccan came into existence. 
4. During the Mughal Period, there were 15 provinces during the regime of Emperor Akbar, which increased to 21 during the period of Aurangzeb when he annexed Bijapur, Golkonda, Assam. During the Mughal Period prominent provinces were : Delhi, Agra, Lahore, Bengal, Gujarat Deccan, Bihar, Multan, Malwa, Awadh and Kabul. 
5. During the British Period, India was divided into British India directly controlled by the British Government and Princely states indirectly controlled by it. In British India, there were 12 provinces called Bengal Presidency, Bombay Presidency, Madras Presidency, United Provinces, Punjab, Bihar, Odisha, Central Provinces and Berar, Assam, North West Frontier Province, Sindh, Balochistan, Ajmer-Merwara. Important Princely states were Hyderabad, Kashmir, Mysore, Baroda, Travancore, Bhopal. 
6. After independence there was sharp demand from the Southern States to reorganise states on the basis of language. The union government appointed S K Dhar and later on the J V P (Jawaharlal Nehru, Vallabh Bhai Patel, Pattabhi Sitaramayya) committee. Both committees rejected the reorganisation of states on linguistic basis. 
After the annexation of Princely States into India, the territory of India was reorganised into four categories in 1950.
Part A : Assam, Bihar, Bombay, Madhya Pradesh, Madras, Odisha, Punjab, United Province, West Bengal.
Part B : Hyderabad, J & K, Madhya Bharat, Mysore, Patiala and East Punjab, Rajasthan, Saurashtra, Travancore and Cochin, Vindhya Pradesh. 
Part C : Ajmer, Bhopal, Bilaspur, Cooch Behar, Coorg, Delhi, Himachal Pradesh, Kutch, Manipur, Tripura.
Part D : Andaman & Nicobar island.
7. In 1953, the Union Government was forced to reorganise Andhra Pradesh by carving out the Madras Presidency for Telugu speaking people on account of the death of P Sriramulu of 56 days long hunger strike. 
8. The union Government appointed the Fasal Ali commission consisting of Justice Fazal Ali as chairman , K M Panikar and H N Kunzru as its members. On the basis of the recommendation of the commission, 14 states and 6 UTs were reorganised on 1st November 1956. These states were Andhra Pradesh,  Assam, Bihar, J & K, Kerala, Madhya Pradesh, Madras, Mysore, Odisha, Punjab, Rajasthan, Uttar Pradesh, West Bengal. Six Union Territories were Andaman & Nicobar Islands, Delhi, Himachal Pradesh, Lakshadweep , Manipur, Tripura. Thus, the distinction between Part A and Part B states was removed. Part C states were abolished. Some of them were merged with adjoining states while others were made Union Territories. For example, Ajmer was merged with Rajasthan, Bhopal with Madhya Pradesh, Bilaspur with Himachal Pradesh, Cooch Behar with West Bengal, Coorg with Karnataka, Kutch with Gujarat. While Delhi, Himachal Pradesh, Manipur, Tripura were made Union Territories because of their strategic locations. Similarly, Part B state of Hyderabad was merged with Andhra Pradesh, Madhya Bharat with Madhya Pradesh, Mysore with Karnataka, Patiala and East Punjab with the Punjab Province, Saurashtra with Gujarat, Travancore Cochin was merged with a new state Kerala, Malabar District of Madras and Kasargod district of South Canara were merged with Kerala. 
9.In 1960, the Bombay province was divided into Marathi speaking Maharashtra and Gujarati speaking Gujarat State. 
10. Dadra & Nagar Haveli were liberated in 1954 from Portuguese control. It was made an Union Territory in 1961. In 2020, this Union Territory was merged with Daman & Diu. 
11. The Portuguese enclave of Goa, Daman & Diu were liberated in 1961. It was made a Union Territory in 1962. In 1987, Goa got statehood. 
12. The French Government handed over its enclave of Puducherry, Karaikal, Mahe and Yanam in 1954. In 1962, it was made a union territory. In 1963, Nagaland was carved out from Assam to make it a separate state. In 1966, Punjab Province was divided into Punjabi Speaking Punjab and Hindi Speaking Haryana. Chandigarh was made the joint capital of both the states. 
13. In 1972, Union Territories of Manipur, Tripura and Sub State of Meghalaya got statehood while Mizoram and Arunachal Pradesh accorded the status of Union Territories. These two union territories became full states in 1987. 
14. Sikkim became the 22nd state of India in 1975. In 2000, three states came into existence. Uttarakhand was carved out from Uttar Pradesh, Jharkhand from Bihar and Chhattisgarh from Madhya Pradesh. 
15. In 2014, Telangana was carved out from Andhra Pradesh. In 2019, J & K lost its statehood and was downgraded to UT. A separate Union Territory of Ladakh was carved out from J & K.
16.Thus, as of now there are 28 states and 8 Union territories in India.
Causes for the demands of new States in India after Independence
1.Linguistic and Cultural identity - States like Andhra Pradesh, Gujarat, Maharashtra, Haryana were carved out to meet the linguistic and cultural identity of the people. 
2. Ethnic affinity - States like Nagaland, Arunachal Pradesh, Mizoram, Manipur, Meghalaya, Tripura were made to meet the aspirations of different ethnic communities. The Bodo people of Assam are agitating for separate Bodo land to preserve their ethnic identity. 
3. Economic disparities - States like Uttrakhand, Chhattisgarh, Telangana were created to undo the economic disparities in those regions. People of Vidarbha (Maharashtra), Eastern UP, Mithalanchal in Bihar are agitating for separate statehood because of the economic regional disparities. 
4. Tribal identity - States like Jharkhand and Chhattisgarh were created to meet the aspirations of tribals of those regions where they constitute a large number. The people of Gorkhaland have been agitating for separate statehood to preserve their cultural identity. 
5. Administrative Efficiency -  When a state is very big, it becomes difficult to administer efficiently. That’s why, there is a demand to bifurcate UP in four parts and Rajasthan in two parts. 
Difference between States and Union Territories 
1. Under our constitution, states have got a separate division of power under schedule VII of our constitution. While state assemblies can make laws on subjects listed in State and concurrent list, the Union Parliament can make laws on the subjects included in the Union List. 
Union Territories are directly governed by the Central Government through an Administrator or lieutenant Governor. Delhi, Puducherry and J & K have legislative assemblies but their legislative power is limited when compared to states. For example, the central Government has exclusive jurisdiction in matters relating to land, public order and police in the Union Territory of Delhi. Similarly, In J & K, the central Government has exclusive jurisdiction over security , police and public order. 
2. Except Delhi, Jammu & Kashmir and Puducherry, other Union Territories have no right to send MPs to Rajya Sabha like States. 
3. States have authority to collect certain taxes and receive a share of central taxes based on the recommendation of the finance commission. On the other hand Union Territories are generally more financially dependent upon the central Government.
4. Heads of the states are Governor while head of UTs is the President of India who governs UTs through Lieutenant Governors or Administrators. 

Constitutional Provision

1.According to Article 1 of our constitution, India, that is, Bharat, shall be a union of states. The term union implies that no state has the right to secede from the Union. Nor Union has been made by the agreements among different units (states). The term federation was deliberately not applied in our constitution. Thus, the Union Government is indestructible made of destructible states. Unlike the US, the Parliament is authorised under article 3 to form a new state by separation of territories from any state by uniting two or more states or parts of states or by uniting any territory to a part of any state. The Parliament has power to increase the area of any state, diminish the area of any state and alter the boundaries of any state or alter the name of any state. The changes in the composition of the state can be made by a simple legislation process, It has not to go through constitutional amendment process under article 368. 

Article 3 lays down two conditions in this regard. 

• A bill contemplating any above changes can be introduced in Parliament only with the prior recommendation of the President.

• The President has to refer the same to the state legislature for expressing its views for the specified period. According to the 18th constitutional amendment Act,1966, the Parliament has been empowered to form a new state or Union Territory by uniting a part of any state. The President is not bound by the views of the state legislature or may either accept or reject them. Thus, Parliament is authorised to redraw the political map according to its will. The union Government can destroy the state or UT while states or union territory cannot destroy the Union. In the USA, the territorial integrity of States is guaranteed by the constitution and so no alteration or changes in the composition of states can take place without the consent of the concerned states. 

• However, Parliament cannot cede any territory of India to any foreign country after the constitutional amendment under article 368. 

• 
  

Way Out 

1. The Government has launched several measures to address regional disparities in India. It has started a special area development programme, providing incentives to promote investment in backward areas. Major financial institutions are providing concessional finance to backward areas. The Central Government is giving income tax concession, transport subsidy and investment subsidy to the entrepreneurs, and employment opportunities to people below poverty line, especially  SCs/STs in backward regions. Government has instituted backward regions grant funds to meet rural infrastructure needs. Similarly, the North Eastern region is being given top priority to accelerate development there. However, in spite of the efforts of the Government since the First five year plan, the regional disparities could not be reduced. There is a huge disparity between Northern and Southern Regions. Similarly, there is a big disparity between the different parts of a state. This causes resentment and clamour for separate statehood. Similarly, tribal councils under Fifth and Sixth schedule should be strengthened so that tribals are connected with the mainstream of the administration. However, the one state-one language formula must be discouraged. The future states must be carved out taking into account administrative efficiency, cultural homogeneity and emotional bonding of the people of a particular region.  

Social Changes during the British Period (1757 - 1947)

 

A colonial economy

1. British rule converted India into a colonial economy.

2. The Indian economy was subordinated to the interest of its mother country, Britain.

3. British rule not only changed the political master at the top but also changed the substructure of the Indian economy like the village self sufficient economy. 

4. Britishers never became an integral part of Indian life. They always remained foreigners and syphoned off huge amounts of money from India.

Artisans and craftsmen were destroyed

1. Because of one way free trade in India after 1813, Indian manufactured goods could not compete with the goods produced on a mass scale by steam operated machines

2. Cotton weaving and spinning industries of India were hard hit.

3. Officers of East India company compelled artisans to sell the goods below the market price and hired their services below the prevailing wages. This led to the abandonment of the hereditary professions by a large number of artisans and craftsmen and they overcrowded into agriculture. 

4. Towns and cities like Dhaka, Surat, Murshidabad, Patna declined. 

5. The population dependent on agriculture increased from 63.7% to 70% between 1901-1941.

Peasants became poorer 

1. Because of the Izaredari system introduced by Lord Clive and Warren Hastings , agricultural lands were sold to the highest bidders. This led to the uprooting of old zamindars because they fell into arrears.  Their lands were confiscated and sold to the highest bidders like merchants and traders or moneylenders. Permanent settlement in Bengal presidency introduced by Lord Cornawalis fixed the land revenue to be paid by the revenue farmers (zamindars) to the British Government in perpetuity. However, revenue farmers could raise the rent to be paid by the peasants. Thus, peasantry were compelled to be at the mercy of zamindars.  In the Ryotwari system in Madras and Bombay presidency, the high revenue demand deprived most of the peasants from their lands and they fell into debt trap. Similar situation was obtained in Agra, Awadh and Punjab where Mahalwari system was introduced. Because of the excessive demands of land revenue by the British Government, most of the lands of peasants were confiscated and were sold to merchants, traders, money lenders or contractors. The condition of peasantry throughout the length and breadth of India deteriorated during the British rule.  

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Rise of Money lenders

1. Because of the land revenue policy of the Britishers and new legal system, a class of money lenders arose in India.

2. These money lenders could seize the lands of peasants. If they fail in arrears.

3. In 1911, the total rural debt was estimated at Rs. 300 crores but by 1937, it amounted to Rs. 1800 crores.

4.  Most of the land in Deccan were captured by money lenders 

5. That’s why during the period of 1857 revolt the target of attack of peasants was always on money lenders. 

Rise of absentee landlordism in rural areas 

1. Because of the land revenue policy of the Britishers, the old zamindari states were utterly ruined and were forced to sell their zamindari rights in Bengal presidency.

2. By 1815, half of the landed property in Bengal had been transferred from old zamindars to new zamindars who lived in town, giving rise to absentee landlordism in India.

3. These landlords became the chief political supporters of the Britishers and opposed the rising national movement.

Rise of Intermediaries 

1. The new landlords found it convenient to sublet their rights to collect rent to other eager people on profitable terms.

2. As the rent of land increased, the number of intermediaries also increased and sometimes it went up as high as 50.

3. The condition of tenants became pitiable because they had to bear the brunt of exorbitant rents. 

Rise of Indian Capitalists

1. Under the impact of the industrial revolution, jute and textile industries were founded by Indians.

2. By 1879, there were 56 textile mills employing 43000 workers.

3. By 1882, there were 20 jute mills. 

4. Sugar mills, woollen textiles, iron steel works, cement, paper, matches, glass industries developed during the 1930s .

5. However, most of the modern Indian industries were  owned or controlled by British capitals.

6. Foreign capital easily overwhelmed Indian capital on many of the Indian Industries.

7. Indian owned industries had a very stunted growth. Focus was more on consumer industries rather than basic industries

8. Although Indian capitalists formed a small part of the Indian population, they represented new technology, a new system of economic organisations, new social relations and an all India outlook.

Rise of modern working class

1. Because of the Industrialisation of India in the second half of the 20th century, a new working class arose in India.

2. By 1905, there were 206 cotton mills employing 1,96,000 workers. Similarly, in jute industries 1,15,000 workers were employed by 1901. The coal mining industry employed nearly 1,00,000 of workers in 1906.  

3. There were 2.3 million workers employed in 1951.

4. The condition of the workers was very pitiable. There were no housing facilities available for them. There was no fixation of work hours. 

5. The British government introduced the first Indian factory act in 1881, fixing nine working hours for children between 7 years to 12 years. 

6. The second factory act 1891, gave a weekly holiday to all workers. Women were not to work more than 11 hours per day and for children it was reduced to 7 hours. 

The policy of divide and rule Growth of communalism in India

1. The unity of Hindu and Muslims during the 1857 revolt scared Britishers. So, they started the policy of divide and rule.

2. First of all they confiscated lands of Muslim zamindars and distributed those lands to Hindu zamindars and peasants. 

3. Educated Hindus were preferred in government jobs. Muslims were neglected.

4. But after 1890, Britishers reversed their policy when they saw that Hindus are demanding Indianization of government jobs, representation in assemblies.

5. Britishers helped in the establishment of Muslim league in 1906 to safeguard the exclusive interest of Muslims.

6. In the 1909 act, Muslims were given separate electorates and thereafter in 1919 act, Christians, Europeans, Sikhs were given separate electorates. 

7. The separate electorate to different communities was meant to destroy the rising Indian nationalism in India.

Hostility to educated Indians

1. The British established three universities at Calcutta, Bombay and Madras.

2. The British appreciated the educated Indians who did not participate in the 1857 revolt. But British officials now became totally against it after 1890 when these educated Indians demanded more and more share in the governance. 

Social reforms

1. The British abolished sati system, permitted widow remarriage, banned infanticide, raised marriageable age of girls. 

2. But after 1857, the Britishers abandoned social reform, fearing that any further social reform may create a reaction of people against the Britishers.

Racial Antagonism 

1. The British always maintained social distance from Indians and openly asserted the doctrine of racial supremacy.

Weakening of caste system and emancipation of women

1. Because of the social reforms by Raja Ram Mohan Rai, Dayanand Saraswati, Self respect movement in South India, rigidity of caste weakened.

2.  Women participated in large numbers in the national movement launched by Gandhi ji.

3. Education among women further strengthened their position in society

Conclusion

1. Every class and every section of Indian society gradually discovered that its interests were suffering in the hands of foreign rulers.

2. Peasants, artisans and craftsmen, educated Indians, the rising Indian capitalists and workers felt that the British rule was not good for them and for India.

3. The exploitative British domination gave rise to Indian nationalism. 

4. Only zamindars, landlords and the princes supported British imperialism. Even a section of them joined the national movement. 

5. The British rule for 200 years in India affected almost all classes of India. The Britishers took away $44 trillion from India in its 200  years rule.

6. Thus, British rule gave rise to new classes of absentee zamindars, moneylenders and princes who were staunch supporters of British Raj. On the other hand, a new capitalist class, industrial workers and educated middle class arose in India. They spread nationalist ideas and were completely opposed to communalism.