Quasi-federalism

Also called: Quasi-federal, Federation with a strong centre · Topic: Federalism and Centre-State Relations · NCERT: Class 11, Ch 1 "Constitution: Why and How?"; Class 11, Ch 7 "Federalism"

Meaning

Quasi-federalism is a system with a federal structure, meaning two levels of government with powers divided between them, in which the centre still has clear power over the states. K.C. Wheare used this term for India.

It matters because it explains the main feature of Indian federalism. India is federal in form but leans towards the Union. The Supreme Court still holds that the states are not "mere appendages" (simple add-ons) of the Centre [3].

Explanation

Where the term comes from

• K.C. Wheare called India quasi-federal, which means "almost federal".
• He doubted that India was "strictly and fully federal" [3].

• His reason was the centre's "powers of intervention in the affairs of the States" [3].

• Ivor Jennings gave a similar label: a "federation with a strong centralising tendency". India is federal in form, but power keeps flowing to the centre.

• B.R. Ambedkar said the Constitution can be unitary and federal "as circumstances require". It is federal in normal times and can become unitary in war or emergency.
• Unitary bias means the federal design leans towards the centre. Power is shared, but the Union holds more of it and can step in more easily.

The federal half: what makes India a federation

• Dual polity: the Union governs the whole country and the states govern their own regions. Each level has its own legislature and executive.
• Written and supreme Constitution: courts can strike down any Union or state law that breaks it.
• Division of powers: Art. 246 and the Seventh Schedule split subjects into the Union, State and Concurrent Lists.
• Partly rigid Constitution: under Art. 368(2), changing federal provisions needs a special majority in Parliament plus approval by at least half the state legislatures.
• Independent judiciary as umpire: Art. 131 gives the Supreme Court original jurisdiction over Union–state and inter-state disputes. This means such a case starts in the Supreme Court itself.
• Council of States: the Rajya Sabha represents the states in Parliament (Art. 79) [3].

The "quasi" half: what tilts it to the centre

• Longer Union List: the Union holds the key subjects, such as defence, foreign affairs, currency and railways.
• Residuary powers (power over any subject not named in any list) lie with Parliament under Art. 248 and Entry 97 of List I. In the USA they stay with the states [3].
• One Constitution and single citizenship: there is no separate constitution or citizenship for each state.
• Integrated judiciary: there is one chain of courts. The Supreme Court is at the top and the High Courts are below it.
• All-India Services (Art. 312): IAS, IPS and IFoS officers work in the states, but the Union keeps final control over their discipline.
• Single Election Commission (Art. 324) and single CAG (Art. 148) serve both the Union and the states.
• Governors appointed by the centre:
• The President appoints the Governor (Art. 155).
• The Governor holds office "during the pleasure of the President" (Art. 156).

• The Governor can send state bills to the President (Art. 200).

• Emergency powers (Arts. 352, 356, 360):

• Art. 352 (national emergency): Parliament can make laws on State List subjects, and the Union can give orders to the states.

• Art. 356 (President's rule): the Union takes over the running of a state for a time. Parliament then makes the state's laws.

• State boundaries (Arts. 2-4):

• Parliament can create states or change their borders and names by a simple majority.

• Under Art. 3, the state legislature's views are only asked for. They do not bind Parliament.

• Unequal seats in the Rajya Sabha: seats are set in the Fourth Schedule, broadly by population [3]. In the US Senate, every state has equal seats.

Limits: why it is still a federation

• A state is "the creature of the Constitution" with "no territorial integrity". The Union, by contrast, is "indestructible" (Bommai) [3].
• Even so, "within the sphere allotted to them, States are supreme. The Centre cannot tamper with their powers" [3].
• Federal changes still need ratification by the states under Art. 368(2).
• Federalism is part of the basic structure: Parliament can amend the Constitution, but it cannot destroy core features like federalism [3].

In the Constitution and practice

• Art. 1(1): "India, that is Bharat, shall be a Union of States." The word "federation" does not appear anywhere in the Constitution.
• Ambedkar (4 November 1948): "the use of the word Union is deliberate". India's federation was "not the result of an agreement by States to join" it, so no state has the right to secede (to break away) [2].

• "The Federation is a Union because it is indestructible" [2].

• Why the framers chose a strong centre:

• The Cabinet Mission Plan (1946) had offered a weak centre. Once Partition became certain, that plan was dropped.
• The Union Powers Committee then recommended a strong centre.
• The framers' aims were unity (holding together a divided country and bringing in 500+ princely states), development through central planning, and cooperation between centre and states.

• T.T. Krishnamachari (25 November 1949): all constitutions drift towards the centre, because welfare states need central money and coordination.

• State of West Bengal v. Union of India (1962): states are not sovereign units, so Parliament can acquire land owned by a state.

• Automobile Transport (Rajasthan) Ltd. v. State of Rajasthan (1962): the Constitution "has certainly a bias towards Centre" [3].
• S.R. Bommai v. Union of India (1994), nine judges:
• One judge noted that Parliament can form new states and alter their size. For this reason, the Constitution is "more appropriately" called "quasi-federal", "leaning more towards" the unitary side [3].
• Justice B.P. Jeevan Reddy: greater power for the Centre "does not mean that States are mere appendages of the Centre" [3].

• Federalism is "not a matter of administrative convenience, but one of principle" [3].

• Kuldip Nayar v. Union of India (2006): a five-judge Bench repeated these Bommai principles while examining Rajya Sabha elections [3].

• In practice:
• The States Reorganisation Act, 1956 used Arts. 2-4 to create linguistic states.
• The Sarkaria Commission (set up 9 June 1983) and the Punchhi Commission (set up 27 April 2007, reported 31 March 2010 with 273 recommendations) reviewed centre-state relations [4].
• NITI Aayog (1 January 2015) replaced the Planning Commission to promote cooperative federalism [5].

Don't confuse with

• Unitary state: power sits with one central government, and any regional units exist only by its permission. Quasi-federal India still has a constitutional division of powers that the Centre cannot tamper with (Bommai) [3].
• Coming-together federation (USA): states joined by agreement and keep residuary powers, equal Senate seats and dual citizenship. India is a holding-together "Union of States" with none of these.
• Cooperative federalism (Granville Austin): this describes how the Union and states depend on each other and work together. Quasi-federalism describes the legal design that tilts power towards the centre.
• Bargaining federalism (W.H. Morris-Jones): this describes the political practice of constant negotiation and give-and-take. Quasi-federalism is about what the Constitution says on paper.

Prelims Hooks

• "Quasi-federal" = K.C. Wheare. Trap pairs: "bargaining federalism" is Morris-Jones, "cooperative federalism" is Granville Austin, and "strong centralising tendency" is Ivor Jennings.
• Art. 1: India is a "Union of States". The word "federation" is never used in the Constitution.
• Residuary powers: they lie with Parliament (Art. 248, Entry 97 List I), not with the states as in the USA [3].
• Arts. 2-4: Parliament can alter state boundaries by simple majority, and the state legislature's views are not binding.
• West Bengal v. Union of India (1962): states are not sovereign. S.R. Bommai (1994, nine judges): federalism is part of the basic structure [3].
• Art. 368(2): amending federal provisions needs a special majority plus ratification by at least half the state legislatures. This is one of the federal checks on the strong centre.

Mains Points

• A deliberate tilt, not a defect:
• Partition, the merger of 500+ princely states and the need for planned development pushed the framers towards a strong centre.

• Ambedkar's "indestructible" Union [2] and TTK's "drift towards the centre" (1949) explain this choice.

• Strong centre vs strong states:

• Unitary tools such as Art. 356, the Governor's office and Arts. 2-4 have at times been misused.
• Bommai (1994) answered this by making federalism part of the basic structure and holding that states are "not mere appendages" [3].

• The Sarkaria (1983) and Punchhi (2007-10) Commissions sought to rebalance centre-state relations through consultation and limits on Art. 356 and the Governor's role [4].

• Law vs practice:

• India is "quasi-federal" in law (Wheare) but "bargaining" in politics (Morris-Jones).
• Linguistic states (1956), coalition eras, regional parties and NITI Aayog's "partnership of states" (2015) [5] have pushed India in a more federal direction.

Related concepts

• Union of States
• Dual polity
• Bargaining federalism

Read more

• India as a "Union of States": a federal design with a unitary bias