I. Development of Federal System in India: The idea of the Federal Government in India originated during the British regime. Most of the period of the British administration was devoted to the defence and consolidation of the British Colony in India. That is why they established a centralised unitary Government in India. But the British had to bring decentralisation in administration because of the exigencies of the circumstances, and also due to the basic diversities in the Indian Society. The idea of federal system was first mooted in the Act of 1935. The federal system as established in Independent India was based on the provisions of this Act. The evolution of the federal system, during the British regime had a long history which can be described below:

The factors that made the Indian leaders accept the establishment of Federal Government in India were basically the diversities in the conditions prevailing in India. The needs of these diverse conditions could be met only through federation. These factors can be studied in three divisions.

II. Causes of the Establishment of Federal System in India:

1. The effect of the Act of 1935: Right from 1858, when the Indian administration was transferred to the British Parliament, the tendency to decentralisation is increasing for administrative conveniences. New provinces were formed and they were given more powers. Gradually, these provinces, became administrative units with increasingly more self-governing powers. The Act of 1919 initiated the self-government in the provinces. The Act of 1935 made these provinces fully autonomuous. During this time, eleven provinces had fully autonomous and responsible Governments.

When the new Constituttion was framed in Independent India it was based on the Act of 1935. It was not possible to ignore the development which continued for one hundred years so far as the decentralising tendencies were concerned, and start with a new edifice. The actual fact was, there was no question on whether federal Constitution was to be adopted or not. The only question was as to what should be the nature of federalism that would be adopted in India. The great scholar Prof-Jennings commented that when provinces were converted into States, then there was no point in starting with a new edifice. For this purpose, the framers of the constitution made a new Constitution on the basis of this Act.

2. Problems of the Princely States: India was divided into two parts: The Princely States and the British India. The British Indian Provinces were united under a single administration at the Centre, but about 600 princely State were spread over India with their separate autonomous entity. When the British left India, their suzerain power over the princely States ended and these States were declared independent. These states had freedom to merge with India or Pakistan or to remain separate and independent. The national leaders had the Herculean task of uniting the British Indian provinces with their uniform nature and the princely States with their diversities in administration, size, geographical, political and economic conditions. This was not possible in the unitary centralised form of Government. This was possible only through federation when these States could merge.

3. Compulsions due to Indian conditions: India is a vast country with people having diversities in religion, language, food, living conditions, dress, customs and manners, etc. Actually Indian culture observes unity in diversity. This diversity is the unique characteristics of Indians giving opportunity to the development of personality. This is the democratic way of looking at life. So it was realised that the federal form of Government would help the growth of this basic Indian characteristics. Secondly, the vastness of the country encouraged the tendency towards federalism because it was not possible to rule the country efficiently from one Centre.

According to D.D. Basu, The Constitution of India is neither purely federal nor purely unitary but it is a combination of both. Similarly, B.N. Banerjee has said that The Constitution of India is federal in form but unitary in spirit. In fact the Constitution of India has many federal features as well as unitary features. The brief description of both is given below:

Federal Features of Indian Constitution:

1. Written and Rigid Constitution: The Constitution of India is written and rigid. The powers of the Central Government and State Governments, Fundamental Rights and Directive Principles of State Policy have been clearly defined in the Constitution and there is very little possibility of conflict. The Constitution is rigid also since most of its provisions cannot be changed by a simple majority of Parliament. The ratification of at least fifty percent States is also required for the purpose. Thus, the Centre cannot make arbitrary changes in the Constitution.

2. Supremacy of the Constitution: The Indian Constitution is the supreme law of the country. No individual, institution, functionary of the government or even government can work against the provisions of the Constitution. Both the Central Government and the Governments of the States will run the administration in accordance with the provisions of the Constitution. If parliament or any state Legislature passes a law in contravance of the provisions of the Constitution that can be declared unconstitutional by the Supreme Court. That is why all the high officials of the country— President, Vice-President, Ministers, Judges of Supreme Court and High Courts—while assuming office, take an oath to abide by the Constitution and accept this supremacy of the Constitution.

3. Division of Powers: Like other federal constitutions, the Constitution of India provides division of powers between the Central Government and the Governments of the states. The powers are divided into three lists—

(i) Union List, (ii) State List, and (iii) Concurrent List.

(i) There are 97 subjects in the Union List. These subjects are of national importance and only the Parliament has the power to make laws on these subjects. These subjects include defence, foreign affairs, railways, post and telegraph, currency and coinage, etc..

(ii) State List includes 66 subjects. These subjects are of local importance and State Legislatures enjoy the power to make laws on these subjects. These subjects include police, jails, public health, agriculture and local self-government, etc..

(iii) There are 47 subjects in the Concurrent List, like marriage, divorce, bankruptcy, etc.. Although five more subjects have been included in this list (4 subjects from the State List as mentioned above and judicial administration being the fifth), yet the figure of 47 remains the same and it has been not changed by any amendment. Both the Parliament and State Legislatures can make laws on these subjects. But, if there is a conflict between a law made by the Parliament and any State Legislature on any of these subjects, the law made by the Union Parliament will prevail.

Residuary Powers have been vested with the Centre.

Unitary Features of the Indian Constitution:

1. Division of powers in favour of Centre: The Indian Constitution has distributed the powers between the Centre and the States in such a way that Centre has become stronger than the States. The Central Government gets the lion's share of the powers. Most important and almost all important subjects have been included in the Union List. If there is a clash over a subject in the Concurrent List between the Centre and the State, the will of the Centre will prevail.

2. Change in the boundaries of States: The Constitution of India empowers the Parliament to change the boundaries of the existing States or create new States or change the name of the States on the recommendation of the President. In fact this has happened in India. In a perfect federation this cannot happen. The Central Government has no right to change boundaries of States and as such it is a grave departure from federal set-up.

3. States have no right to frame their own Constitutions: In some federal States, like the USA, units of the federation (States) enjoy the power to frame their own separate Constitutions subject to certain restrictions. But, in India, States do not enjoy such power. They have no right to frame their own Constitutions or secede from the Union.

4. Single Citizenship: In the USA, citizens enjoy double citizenship. Besides being a citizen of the USA., every person is also the citizen of the state in which he is residing. On the other hand, in India, every citizen enjoys only single citizenship, i.e., citizenship of India. They are not the citizens of Punjab, Haryana, W. Bengal or Bihar.

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