Holding-together federation

Topic: Federalism and Centre-State Relations · NCERT: Class 10, Ch 2 "Federalism"

Meaning

A holding-together federation is a federation formed when a large country divides its own power between a national government and its states or regions. In this kind of federation, the centre is usually stronger and the units may have unequal powers.

It matters because India is this kind of federation. It explains three things about India:

• why the Constitution calls India a "Union of States";
• why states cannot break away;
• why the Centre has more power than the states, while the states still keep their own area of power.

Explanation

How it forms

• The starting point is one big country. It is not a group of separate states.
• The national government splits power downwards. The constitution gives some subjects to the national government and some to the states.
• The main purpose is unity. It aims to keep a large and diverse country together, so that different languages, religions and regions can live inside one country.
• The units did not make a pact. The states never signed an agreement to join. So they have no right to secede (no right to leave the country) [3].

Key features

• Strong centre. The national government has more powers than the units.
• Units may be unequal. Some units get special treatment. This is called asymmetric federalism (an unequal set of arrangements for different units) [5].
• The basic federal features still apply. These include:
• two or more tiers of government;
• a supreme written constitution that gives powers to both tiers;
• courts that act as umpire (referee) in disputes between the tiers;

• each tier has its own sources of money.

• Two identities for citizens. A person is both Gujarati and Indian at the same time.

Conditions and limits

• A strong centre does not mean weak states. In a federation, the states' powers come from the constitution, not from the centre. The centre cannot take them back on its own.
• Too much central control can break a federation.
• The USSR broke up after 1989.

• The causes were too much central control and Russian dominance over the other republics.

• Laws alone are not enough. The levels must trust each other. Nigeria had a federal constitution without trust, and it still faced regional rivalry and military rule.

• Too much tilt or asymmetry can make regions feel left out. Quebec in Canada held referendums on leaving in 1980 and 1995. Both were lost by those who wanted to leave.

In the Constitution and practice

• Article 1 says "India, that is Bharat, shall be a Union of States". The states and their territories are listed in the First Schedule [2].
• Seventh Schedule. Its three lists (Union, State, Concurrent) divide the subjects on which each level can make laws.
• Defence, foreign affairs and currency are on the Union side.

• Law and order, public health and local government are on the State side [4].

• Ambedkar, 4 November 1948. He told the Constituent Assembly that "the use of the word Union is deliberate" [3].

• India's federation was "not the result of an agreement by States to join the federation". So the states cannot leave [3].

• In his words, "Federation is a Union because it is indestructible" [3].

• Ambedkar, 25 November 1949. He said power is divided "by the Constitution itself", not by a central law. On this point, the Centre and the states are "co-equal" [5].

• Parliament can redraw state boundaries. The states cannot secede. This is why India is called an "indestructible Union of destructible states" [2][3].
• S.R. Bommai v. Union of India (1994). The Court said states are not "mere appendages" (add-on parts) of the Centre. "Within the sphere allotted to them, States are supreme" [5].
• Mineral Area Development Authority v. SAIL (2024). A nine-judge bench held that federalism is a basic feature of the Constitution [5].
• Basic structure means the core features that Parliament cannot destroy, even by an amendment [5].

• The Court called Indian federalism asymmetric because it leans towards a strong Centre. It added that this "has not necessarily resulted in weak State governments" [5].

• Accommodating diversity in practice. India created linguistic states (1956). Centre–state cooperation continued through NITI Aayog (2015).

• Other holding-together federations:
• Spain.
• Belgium. It moved from a unitary system to a federal one in 1993. Its regions received constitutional powers that the Centre can no longer take away.
• Nepal. Its constitution was promulgated (formally brought into force) on 20 September 2015. It made Nepal a secular federal democratic republic. It has a bicameral (two-house) Federal Parliament, 7 provinces, 77 districts and 753 local units [6].

Don't confuse with

• Coming-together federation. Here, independent states pool their sovereignty (share their supreme power) to form a bigger unit, and the units are equal and strong. Examples: the USA, Switzerland and Australia. In a holding-together federation, a big country divides its own power, and the centre is stronger.
• Unitary system. Here, the centre can take back the powers of its sub-units whenever it wants. Examples: the UK, France and Sri Lanka. In a holding-together federation, the states' powers are guaranteed by the constitution and cannot be taken back by the centre alone.
• Asymmetric federalism. This is a feature that holding-together federations often have: unequal treatment of units, or a tilt towards the Centre [5]. It is not a separate route to forming a federation.
• "Union" vs "Federation". India uses the word "Union" in Article 1 [2]. This does not mean India is not a federation. It means the federation was not formed by an agreement among states, so it cannot be broken [3].

Prelims Hooks

• Holding together: India, Spain, Belgium, Nepal (2015). Coming together: USA, Switzerland, Australia. A common trap is placing Belgium in the coming-together group.
• Article 1 says India is a "Union of States". The word "federation" does not appear in it [2].
• Ambedkar (4 Nov 1948): "Union" was a deliberate choice, so the states have no right to secede [3].
• MADA v. SAIL (2024) held that federalism is a basic feature and called Indian federalism asymmetric. S.R. Bommai (1994) held that "within the sphere allotted to them, States are supreme" [5].
• Belgium became federal in 1993. Sri Lanka is still unitary.
• Nepal's Constitution came into force on 20 Sept 2015. It set up 7 provinces, 77 districts and 753 local units [6].

Mains Points

• India is federal with a strong Centre, not just "quasi-federal".
• India follows the holding-together design: there is no right to secede, and Parliament can redraw state boundaries [2][3].
• But Bommai (1994) and MADA (2024) protect the states' own area of power as part of the basic structure [5].

• So the Centre's tilt has limits set by the Constitution.

• Asymmetry is a tool, not a flaw.

• Unequal arrangements, such as India's special provisions and Belgium's community-based regions, help keep diverse regions inside one country.

• Counter-point: too much central tilt can make regions feel left out. The USSR and Quebec are the warning cases.

• Trust matters as much as law.

• The USSR and Nigeria had federal forms on paper, but they failed or struggled because of over-centralisation and regional rivalry.
• India held together by accommodating diversity, for example through linguistic states (1956). This supports cooperative federalism (the Centre and states working together) through NITI Aayog (2015).
• It also supports fiscal federalism (each tier having its own taxes and money to carry out its duties) [5].

Related concepts

• Federalism
• Features of federalism
• Unitary system
• Coming-together federation
• West Indies Federation
• Nigerian federation

Read more

• What federalism is: features, forms and routes to federation