UPSC Prelims 2021 Q86: Essential Federal Features of Indian Polity
Which one of the following in Indian polity is an essential feature that indicates that it is federal in character?
- The independence of judiciary is safeguarded.
- The Union Legislature has elected representatives from constituent units.
- The Union Cabinet can have elected representatives from regional parties.
- The Fundamental Rights are enforceable by Courts of Law.
Answer: (a) The independence of judiciary is safeguarded.
Statement-wise explanation
- a: correct — A federation divides power between the Union and the States through a written constitution. That division needs a neutral umpire to settle disputes and stop either level from overstepping its powers. In India this umpire is the Supreme Court: under Article 131 it has original jurisdiction over disputes between the Union and States, and through judicial review it can strike down laws that cross the Seventh Schedule lists. This only works if the judiciary is independent. Its independence is protected by security of tenure (Article 124), removal only by a special parliamentary process, and salaries charged on the Consolidated Fund of India (Article 112(3)(d)).
- b: incorrect — The Rajya Sabha does contain representatives of the States. Of its maximum 250 members, 238 are chosen by the elected members of State and UT assemblies by single transferable vote (Article 80). But a second chamber for the units is a supporting feature of federalism, not its defining test. India's version is also weak: the Fourth Schedule allocates seats by population rather than equally, and 12 members are nominated. Even without such a House, a federation with a constitutional division of powers would still be federal.
- c: incorrect — Which parties sit in the Union Cabinet depends on election results and coalition politics. It is not a feature written into the Constitution. Regional parties joining or leaving a coalition changes nothing about how power is divided between the Union and the States. A unitary state can also have ministers from regional parties.
- d: incorrect — Courts enforce Fundamental Rights through Articles 32 and 226. This feature reflects constitutionalism and the rule of law, not federalism. Unitary states can also have court-enforced rights, so this tells you nothing about how power is shared between levels of government.
How to eliminate
The key word is 'essential'. Ask of each option: could a unitary state also have this? A unitary country can have court-enforced rights, which rules out the Fundamental Rights statement. A unitary country can have ministers from regional parties, and party composition is a matter of politics anyway, which rules out the Cabinet statement. That leaves two options: an independent judiciary, and Union legislators drawn from the units. Both appear on standard lists of federal features. To choose between them, remember what a federation is: a written division of powers between two levels of government. That division means nothing without an impartial arbiter to enforce it, so an independent judiciary is the logical core. A States' House supports federalism, but it is not indispensable, and India's population-based Rajya Sabha is a diluted form of one. The fact to remember: a federal division of powers needs an independent judiciary as its umpire (Article 131 plus judicial review).
Know more
What makes a polity federal? A federation has at least two levels of government. Each level gets its powers from a supreme written constitution, and neither can take away the other's powers on its own. The usual list of features follows from that core:
| Feature | Where in the Indian Constitution | Why federalism needs it |
|---|---|---|
| Two levels of government | Union and States (Part V, Part VI) | Basic structure of a federation |
| Division of powers | Seventh Schedule: Union, State, Concurrent Lists (Article 246) | Defines each level's sphere |
| Written, supreme constitution | The Constitution itself | Source of both levels' powers |
| Rigid amendment for federal provisions | Article 368(2) proviso: ratification by half the State legislatures | Stops one level redrawing the division alone |
| Independent judiciary as umpire | Article 131 (Centre–State disputes), judicial review | Enforces the division |
| Bicameral legislature | Rajya Sabha (Article 80) | Gives the units a voice at the Centre |
India's unitary tilt. Article 1 calls India a 'Union of States', and the Constitution leans towards the Centre in several ways:
- single citizenship
- a single integrated judiciary
- all-India services
- Governors appointed by the Centre
- emergency provisions (Articles 352, 356, 360)
- Parliament's power to reorganise States (Articles 2–4)
- unequal, population-based seats in the Rajya Sabha
This is why scholars call India 'quasi-federal'. It is also described as a 'holding-together' federation: power was divided within an existing country rather than pooled by independent states, as in the 'coming-together' model of the USA.
Exam angle. Questions often mix federal features (division of powers, independent judiciary, rigid amendment) with unitary ones (single citizenship, integrated judiciary, appointed Governors) and with features of other ideas such as democracy, rule of law and parliamentary government. Sort each option by asking which idea it serves.
NCERT Concepts to Revise
- Federalism: The question asks which feature is essential to federalism, so start from its definition: a supreme written constitution dividing power between two levels.
- Independence of the judiciary: One option turns on judicial independence; see how it relates to settling disputes between the Union and the States.
- Quasi-federalism: India's unitary tilt explains why several 'federal-looking' features are weaker here than in classic federations.
- Rajya Sabha: One option describes Union legislators drawn from the States, which is how the Rajya Sabha is composed.
- Coming-together federation: Contrasts India's holding-together path with the US model, where a States' chamber with equal seats is central.