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PRINCIPLES
OF
FEDERALSM
At
the
outset
it
is
to
be
noted
that
the
expression
federation
or
federal
form
of
Government
has
no
fixed
meaning.
However,
it
broadly
indicates
a
division
of
powers
between
a
Central
(federal)
Government
and
the
units
(States)
comprised
therein.
It
is
to
be
understood
that
no
two
federal
constitutions
are
alike.
Each
of
them,
be
it
of
USA,
Canada,
Australia
or
of
any
other
country,
has
its
own
distinct
character.
Each
of
them
is
the
culmination
of
certain
historical
process.
The
same
is
true
about
our
Constitution.
According
to
Dicey,
federalism
is
a
concept,
which
unites
separate
States
into
a
Union
without
sacrificing
their
own
fundamental
political
integrity.
Thus
the
essence
of
a
federation
is
the
existence
of
the
Union
and
the
States
and
the
distribution
of
powers
between
them.
Federalism,
therefore,
essentially
implies
demarcation
of
powers
in
a
federal
compact.1
The
oldest
federal
model
in
the
modern
world
is
said
to
be
the
Constitution
of
USA.
In
this
case,
number
of
independent
States
came
together
to
form
a
Federation,
indestructible
States
forming
an
indestructible
Union.
The
following
are
the
basic
principles
of
federalism:
1. A
compact
or
agreement
between
independent
and
sovereign
units
to
surrender
partially
their
authority
in
their
common
interest
and
vesting
it
in
a
Union
and
retaining
the
residue
of
the
authority
in
the
constituent
units.
2. Supremacy
of
the
Constitution,
which
cannot
be
altered
except
by
the
component
units.
3. Distribution
of
powers
between
the
Union
and
the
regional
units
each
in
its
sphere
coordinate
and
independent
of
the
other.
The
basis
of
such
distribution
of
power
is
that
in
matters
of
national
importance
in
which
a
uniform
policy
is
desirable
in
the
interest
of
the
units
authority
is
entrusted
to
the
Union,
and
matters
of
local
concern
remain
with
the
States.
4. Supreme
authority
of
the
courts
to
interpret
the
Constitution
and
to
invalidate
action
violative
of
the
Constitution.
A
federal
Constitution
by
its
very
nature
consist
of
checks
and
balances
and
must
contain
provisions
for
resolving
conflicts
between
the
executive
and
legislative
authority
of
the
Union
and
the
regional
units.2
Now,
the
pertinent
question
is-
Are
all
these
conditions
present
in
the
Constitution
of
India?
In
our
Constitution,
points
1
&2
is
absent,
but
the
points
3
&4
is
very
much
present,
however
with
some
modification.
Point
4
is
there
in
full
force.
In
response
to
the
above
classic
model
of
federalism
vis--vis
Indian
federalism,
it
may
be
held
thus:
1
S.R.
Bommai
v.
Union
of
India.
2
For
detailed
discussion,
see
State
of
West
Bengal
v.
Union
of
India.
1. Indian
Constitution
was
not
the
result
of
any
compact
or
agreement
as
the
Units
constituting
a
unitary
State
that
were
non-sovereign
were
transformed
by
abdication
of
power
into
a
Union.
2. Our
Constitution
is
undoubtedly
supreme,
but
it
is
liable
to
be
altered
by
the
Union
Parliament
alone
and
the
units
have
no
power
to
alter
it.
It
is
to
be
noted
that
only
federal
system
that
fulfills
all
the
above
stated
criteria
is
the
Constitution
of
USA.
Therefore,
many
also
regard
the
US
federal
model
as
a
classic
model
of
federalism.
But,
the
pith
and
substance
or
crux
of
federalism
is
the
division
of
power.
What
is
the
nature
of
the
Indian
Constitution-
Federal,
Unitary,
and
Quasi-
federal?
The
nature
of
Indian
federalism
has
always
been
a
debatable
issue
amongst
various
scholars
and
legal
luminaries.
It
has
been
variedly
referred
to
as
federal,
unitary
and
quasi-federal
depending
on
various
arguments
and
interpretation
adopted.
Dr.
Ambedkar
stated
on
the
floor
of
the
Constituent
Assembly
that
the
Constitution
is,
both
unitary
as
well
as
federal
according
to
the
requirement
of
time
and
circumstances.
A
review
of
the
provisions
of
the
Constitution
shows
unmistakably
that
while
creating
a
federation,
the
Founding
Fathers
wished
to
establish
a
strong
Centre.
At
the
outset,
it
is
to
be
noted
that
our
Constitution
is
undoubtedly
a
federal
one.
But,
it
has
a
strong
and
powerful
Centre
as
evident
from
the
following
scheme
of
distribution
of
powers
under
the
Constitution.
Namely-
1. Article
2
of
the
Constitution
empowers
the
Parliament
to
admit
into
the
Union,
or
establish,
new
States
on
such
terms
and
conditions
as
it
thinks
fit.
In
doing
so,
it
has
not
to
seek
the
concurrence
of
the
State
whose
area,
boundary
or
name
is
likely
to
be
affected
by
the
proposal.
2. Article
3
provides
that
Parliament
can
by
law
form
a
new
State
by
separation
of
territory
from
any
State
or
by
uniting
two
or
more
States
or
parts
of
States
or
by
uniting
any
territory
to
a
part
of
any
State;
increasing
the
area
of
any
State;
diminishing
the
area
of
any
State;
altering
the
boundaries
of
any
State;
or
altering
the
name
of
any
State.
3. Under
Article
248
read
with
Entry
97
in
List
I
of
the
VII
Schedule,
the
residuary
power
has
been
conferred
on
the
Union.
4. There
is
single
citizenship,
unlike
USA.
5. Judiciary
is
single
and
unified
for
the
entire
country
unlike
USA,
where
there
is
separate
Federal
judiciary
and
State
judiciary.
6. The
executive
power
of
every
State
must
be
so
exercised
as
not
to
impede
or
prejudice
the
exercise
of
the
executive
power
by
the
Union.
(Articles
73
&
162)
7. The
executive
power
of
the
Union
also
extends
to
giving
such
directions
to
a
State
as
may
appear
to
the
Government
of
India
to
be
necessary
for
those
purposes
and
as
to
the
construction,
maintenance
of
means
of
communication
declared
to
be
of
national
or
military
importance
and
for
protection
of
railways.
(Article
257)
8. The
States
have
to
depend
largely
on
financial
assistance
and
grants
from
the
Union.
(Articles
268
to
273
&
275)
and
it
is
not
watered
down.
See,
Constitutional
Law
of
India
at
p.166,
3rd
Edn.
Also,
see
pp.15-17
of
the
case
material
supplied.