B.2. Federal Structure of India
- K.C. Wheare, a federal theorist, has maintained that the Indian Constitution is quasi-federal. as it represents the features of federation and union.
- The Supreme Court of India concluded in Sat Pal v State of Punjab and Ors (1969) that the Indian Constitution is more quasi-federal than federal or unitary.
- As per Article 1 of the Indian Constitution, “India that is Bharat shall be a Union of States.” Federalism in India was not about coming together of the states to form the Federal Union. But, it was a conversion of a unitary to a federal system.
- The federal system in India is considered one of a kind in the world. It is also regarded as ‘federation sui generis’, which means a federation of its kind. The federalism system in India is a compromise between autonomy enjoyed by the states and the need for strong central governance.
- The federalism system in India is a relationship between the Central government and State governments. In the Indian system of federalism, there are two tiers of government, and each tier has its distinctive power and judiciary system. However, the Central judiciary lies in the hands of the Supreme Court of India.
- The Indian federal system is one of a kind and is different from the systems practiced in the United States of America.
- However, due to the quasi-federal system, many issues & challenges about the federal structure arise in India.