Introduction

Federalism refers to a government system where power is divided between the Centre and States. K.C. Wheare defines it as “the method of dividing powers so that general and regional governments are each within a sphere, coordinate and independent.”

The Indian Constitution, while federal in nature, describes India as a "Union of States" under Article 1. Various perspectives highlight its complexity:

• Federal: Sir Ivor Jennings, Paul Appleby, Dr. Rajendra Prasad, Dr. B.R. Ambedkar.
• Quasi-Federal: K.C. Wheare.
• Unitary in Nature: Dr. K.M. Munshi.

---

Division of Powers

The Indian Constitution divides powers into three lists under Article 246:

1. Union List (List I): Contains 100 subjects of national importance, including:

   • Defense of India, Armed forces, Foreign affairs, Railways, Currency.
   • Laws in this list are made exclusively by Parliament.

2. State List (List II): Contains 61 subjects reserved for State Legislatures, including:

   • Police, Public health, Agriculture, Land, Local government.

3. Concurrent List (List III): Contains 52 subjects on which both Centre and States can legislate, including:

   • Criminal law, Marriage and divorce, Forests, Factories, Price control.
   • In case of conflict, Parliamentary law prevails under Article 254.

---

Legislative Relations

While legislative powers are divided, certain constitutional provisions empower the Centre to override State authority:

1. Article 249:

   • If the Rajya Sabha declares a subject as "national interest" with a 2/3rd majority, Parliament can legislate on State List subjects for one year.

2. Article 250:

   • During a Proclamation of Emergency, Parliament can legislate on State subjects.

3. Article 252:

   • State legislatures can request Parliament to make laws for certain subjects not in the Union List.

4. Article 253:

   • Parliament can make laws to implement international treaties or agreements, even if the subject is in the State List.

5. Governor’s Role:

   • Governors may reserve certain Bills for Presidential assent, especially those related to the Concurrent List (Article 254(2)).

6. Emergency Provisions:

   • Under Article 352, the State List effectively becomes a Concurrent List.

These provisions give a dominant position to the Centre, balancing national unity with State autonomy.

---

Administrative Relations

The executive power of the Centre and States aligns with their legislative powers. However, the Centre enjoys stronger administrative control under Articles 256–263:

1. Article 256:

   • States must comply with Parliamentary laws.

2. Article 257:

   • States cannot impede the Centre's executive functions.

3. Other Powers:

   • Construction and maintenance of means of communication.
   • Execution of schemes for the welfare of Scheduled Tribes (Article 339).
   • Presidential powers during an emergency (Article 353).

4. Failure to Comply:

   • If a State fails to comply with directions, the President can impose President's Rule under Article 356.

5. All-India Services:

   • Officers of services like IAS and IPS are controlled by the Centre despite serving State cadres.

6. Governors:

   • Appointed and dismissed by the President, Governors often act under Central influence.

These provisions tilt the administrative balance in favor of the Centre.

---

Financial Relations

The financial relationship ensures both levels of government have revenue, though States remain dependent on the Centre. The Constitution divides taxation as follows:

1. Taxes Collected by the Centre, Assigned to States (Article 268):

   • Stamp duties and excise duties on medicines and toiletries.

2. Taxes Collected by the Centre, Shared with States (Article 270).

3. Surcharges on Taxes (Article 271):

   • Exclusive to the Centre.

4. Grants-in-Aid:

   • Under Article 273 and 275, States in need receive grants based on Parliament's assessment.

5. Consolidated Fund:

   • Each level of government has a separate fund for taxes and revenues. Appropriation requires legislative approval.

6. Finance Commission:

   • Established under Article 280, it distributes tax revenue between the Centre and States.

---

Fifth and Sixth Schedules

The Constitution recognizes regional and tribal asymmetry:

Fifth Schedule (Article 244(1)):

Applies to Scheduled Areas in states like Andhra Pradesh, Chhattisgarh, Gujarat, etc., and aims to protect tribal land and resources. Key provisions include:

• Governor’s annual report to the President on Scheduled Area administration.
• Tribes Advisory Council: Advises the Governor on tribal welfare.
• Regulation of land transfers among Scheduled Tribes.

Sixth Schedule:

Designed for North-Eastern tribal areas in Assam, Meghalaya, Tripura, and Mizoram, it provides:

• Creation of Autonomous Districts and Regional Councils.
• Legislative power over subjects like land, forests, marriage, and social customs.
• Judicial powers to constitute village councils for tribal disputes.
• Power to levy taxes and regulate land revenue.

These schedules safeguard tribal autonomy and cultural diversity.

---

Conclusion

Indian federalism is often described as quasi-federal due to the dominant role of the Centre. The distribution of power is three-fold:

1. Union List – Gives extensive powers to the Centre.
2. State List – Limits State autonomy.
3. Concurrent List – Allows overlapping jurisdiction, favoring the Centre during disputes.

Despite constitutional safeguards, the Centre-State relationship remains dynamic, influenced by political, economic, and administrative factors.