Federal theorist K.C. Wheare has argued that the nature of Indian Constitution is quasi-federal in nature.
The SC in Sat Pal v State of Punjab and Ors (1969) held that the Constitution of India is more Quasi-federal than federal or unitary.
What is Quasi-federalism?
Quasi-federalism means an intermediate form of state between a unitary state and a federation. It combines the features of a federal government and the features of a unitary government.
Why India opted for Quasi Federalism/centralized federalism
First was the partition of India and the immediate concerns.
The second reason was the reconstitution of social relations in a highly hierarchical and discriminatory society towards forging a national civic identity
The third reason concerns the objective of building a welfare state and
The final reason was to alleviate inter-regional economic inequality.
To achieve the above mentioned objectives, centralized federalism was essential
What are the Quasi federal features of Indian State?
Article 3 – Destructible nature of states, unlike in other federations, the states in India have no right to territorial integrity. The parliament can change the area, boundaries, or name of any state.
Single Constitution, it is applicable to both the Union as a whole and the Stares. In a true federation, there are separate constitutions for the union and the States.
In Rajya Sabha, the States do not have equal representation. The populous States have more representatives in the Rajya Sabha than the less populous States.
The emergency provisions are contained in Part XVIII of the Constitution of India, from Articles 352 to 360. In the emergency provisions, the central government becomes all-powerful and the states go into total control of the Centre.
All India Services violate the principle of federalism under the constitution.
The governor is appointed by the president. He also acts as an agent of the Centre. Through him, the Centre exercises control over the states.
India has a unified or integrated judicial system. The High Court’s which work in the States are under the Supreme Court of India.
Union veto over State Bills: The governor has the authority to hold certain sorts of laws passed by the state legislature for presidential consideration.
Advantages of Quasi Federal System
National Integration – With the various provisions like Article 356, separatist tendency can be tackled
Cooperation and Coordination: A Quasi Federal structure allows Centre to coordinate National level programmes. For instance, Canter and State collaborated in their against pandemic
Resolving Inter State Conflicts: A quasi federal structure allows centre to act as an arbiter in case of Inter State dispute. For example Border dispute and River Water dispute
Challenges
Abuse of Power by Centre: The federal provisions of the Constitution can only be amended with consent of the States. But Center often violates this provision. For instance, the recent Farm Laws.
Misuse of Governor Office: imposition of constitutional Emergency in a state, reserving bills for President assents etc
Other problems:delayed disbursal of resources and tax proceeds, bias towards electorally unfavorable States, evasion of accountability, blurring spheres of authority, weakening institutions etc
All these signal towards the diminishing of India’s plurality or regionalization of the nation — a process that is highly antithetical to the forging of a supra-local and secular national identity that preserves and promotes pluralism.
Way Forward
Reforms at the institutional and political level can deepen the roots of federalism in India.
Democratic Decentralization of administration and strengthening governments at all levels in true spirit.
Proper utilization of the institutional mechanism of the Inter-State Council must be ensured to develop political goodwill between the Centre and the states
