Federal vs Unitary Government - Clarity Desk Hub IAS

Introduction

Political scientists divide governments broadly into two models depending on how power is shared:

Unitary Government
Federal Government

1. Unitary Government

Here, all powers are concentrated in the national government.
If regional governments (like provinces or states) exist, they function only because the national government allows them to, and their powers can also be withdrawn.
Examples: Britain, France, Japan, China etc.

Think of it like a teacher-student relationship where the teacher (central govt.) gives work to students (regional govts.), but the teacher can also take it back anytime.

2. Federal Government

Here, powers are divided by the Constitution itself between two levels of government:
- National Government (Union/Federal/Central Government)
- Regional Governments (State/Provincial Governments)
Both operate independently within their own spheres.
Examples: USA, Canada, Switzerland, Australia, Brazil etc.

This is like a partnership firm where each partner (Centre and States) has their clearly defined roles that cannot be snatched away.

Origin of the Term “Federation”

Comes from the Latin word “Foedus”, meaning treaty or agreement.
A federation is thus created either by:
1. Integration → Small, weak states come together to form a strong union (e.g., USA in 1787).
2. Disintegration → A large unitary state gives autonomy to its provinces to accommodate diversity (e.g., Canada in 1867).

Comparing Federal and Unitary Governments

Federal Government	Unitary Government
Dual Government (Centre + States)	Single Government (Centre may create States)
Written Constitution	Written (France) or Unwritten (Britain)
Division of Powers	No division; Centre holds all powers
Supremacy of Constitution	Constitution may or may not be supreme
Rigid Constitution	Can be rigid (France) or flexible (Britain)
Independent Judiciary	Judiciary may or may not be independent
Bicameral Legislature	May be bicameral (Britain) or unicameral (China)

So, the federal model ensures distribution + checks and balances, while the unitary model ensures uniformity + strong control.

Indian Federal System

Now, let’s come to India.

The Constitution of India provides for a federal system, mainly because:
1. India’s large geographical size
2. India’s social and cultural diversity

👉 Federalism helps in efficient governance + balances national unity with regional autonomy.

Why India is called a “Union of States” (Article 1)

Nowhere does the Constitution use the word “Federation”.
Instead, it says: “India, that is Bharat, shall be a Union of States.”
Dr. B.R. Ambedkar clarified:
1. India is not born out of an agreement among states (unlike USA).
2. States in India have no right to secede.
Hence, the Indian Union is indestructible.

Canadian vs American Model

India follows the Canadian model, not the American one.
How?
- In the US → States are powerful, Centre is limited.
- In Canada (and India) → The Centre is much stronger than the States.

Similarities between India and Canada:

Both were created by disintegration (one big unitary → provinces).
Both use the term “Union”.
Both have a Centralising tendency (Centre > States).

Key Takeaway

India has a federal system with a unitary bias.
Meaning: We respect regional autonomy, but when it comes to the unity and integrity of the nation, the Centre is stronger.

That’s why experts often call India’s system “Quasi-federal” – neither purely federal like USA, nor purely unitary like Britain, but a mix of both.

Federal Features of the Constitution

Whenever we say India has a federal system with a unitary bias, the question naturally arises:
👉 Which parts of the Constitution make it federal?

Let’s go through them one by one.

1. Dual Polity

India has two levels of government:
1. Union (Centre) → deals with national importance (defence, foreign affairs, currency, communications).
2. States → deal with regional importance (public order, agriculture, health, local governance).
Both are sovereign in their own fields as assigned by the Constitution.

👉 Think of it like a cricket team: the captain (Centre) decides overall strategy, but bowlers, batsmen, and fielders (States) have their own specific roles where even the captain cannot interfere beyond rules.

2. Written Constitution

India’s Constitution is written and detailed – the longest in the world.
- Originally: 395 Articles, 22 Parts, 8 Schedules
- Currently (2025): 470+ Articles, 25 Parts, 12 Schedules
Why written? To clearly define the powers of Centre & States → so there’s less chance of confusion or conflict.

3. Division of Powers

Powers are divided through three lists in the 7th Schedule. As of 2025:
1. Union List → 97 subjects (originally 97) – e.g., defence, atomic energy, railways.
2. State List → 61 subjects (originally 66) – e.g., police, agriculture, health.
3. Concurrent List → 52 subjects (originally 47) – e.g., marriage, forests, education.
If there’s a clash in Concurrent List → Union law prevails.
Residuary powers (subjects not in any list) → Centre gets them.

👉 This shows India’s tilt towards a strong Centre.

4. Supremacy of the Constitution

The Constitution is the supreme law of the land.
Neither Centre nor States can go against it.
If they do, courts can strike down such laws through judicial review.

👉 This ensures all organs of govt. (legislature, executive, judiciary) function within constitutional limits.

5. Rigid Constitution

Federal provisions (Centre–State relations, judiciary) cannot be changed easily.
To amend such provisions, you need:
- Special Majority in Parliament +
- Approval of half of State Legislatures.

👉 This ensures the Centre cannot unilaterally change the federal balance.

6. Independent Judiciary

India has an independent judiciary with the Supreme Court at the top.
Two key functions:
1. Protect the Constitution (via Judicial Review).
2. Resolve disputes (Centre vs States, or State vs State).
Independence guaranteed by:

Security of tenure of judges,
Fixed service conditions,
Ban on discussion of judges’ conduct in Parliament (except impeachment).

👉 Judiciary acts like an impartial referee in Centre–State disputes.

7. Bicameralism

Parliament = Two Houses:
1. Lok Sabha (Lower House) → represents the people.
2. Rajya Sabha (Upper House) → represents the states.
Rajya Sabha safeguards state interests by ensuring that the Centre doesn’t become too dominant.

👉 Even though Rajya Sabha is less powerful than Lok Sabha, its existence itself is a federal feature.

Unitary Features of the Constitution

1. Strong Centre

The division of powers is tilted towards the Centre.
Why?
- Union List > State List (more subjects, more important ones).
- Concurrent List → Centre has overriding power.
- Residuary powers → Centre gets them (unlike USA, where States get them).

👉 Result: The Centre is much stronger than the States.

2. States Not Indestructible

In India, States have no right to territorial integrity.
Parliament can change boundaries, name, or area of a State by simple majority.
Contrast:
- USA → “indestructible Union of indestructible States.”
- India → “indestructible Union of destructible States.”

3. Single Constitution

In most federations, States have their own Constitutions (like USA).
India has one single Constitution for both Centre and States.
Exception: Jammu & Kashmir (till 2019) had its own Constitution.

4. Flexibility of the Constitution

Amending our Constitution is easier than in USA.
Most provisions can be amended by Parliament alone (either simple or special majority).
States cannot initiate amendments (unlike USA).

5. No Equality of State Representation

Rajya Sabha seats are based on population (UP has 31, Sikkim just 1).
In USA → every State, big or small, gets 2 Senators each.
Hence, Indian system favours bigger States.

6. Emergency Provisions

Three types: National, State, Financial.
During emergency → States come under total control of Centre.
Effect: Federal structure → becomes unitary without amendment.

7. Single Citizenship

India (like Canada) → only Indian Citizenship.
No separate State citizenship.
Rights and privileges are uniform across the country.
Contrast: USA, Switzerland, Australia → dual citizenship (State + Federal).

8. Integrated Judiciary

India → single judiciary system (SC at top, HCs below, subordinate courts).
They enforce both Central & State laws.
USA → double judiciary (Federal courts for Federal laws, State courts for State laws).

9. All-India Services

IAS, IPS, IFS → common to both Centre and States.
Recruited & trained by Centre → Centre has ultimate control.
This goes against the pure federal principle (where each level has its own services).

10. Integrated Audit Machinery

CAG audits accounts of both Centre and States.
Appointed/removed by President.
States have no control over this.
USA → Comptroller-General has no role in State accounts.

11. Parliament’s Authority Over State List

Even in normal times, Parliament can legislate on State List subjects if Rajya Sabha passes a resolution (national interest).
This is unique to India – Centre’s competence can expand without emergency.

12. Appointment of Governor

Governor = Head of State.
Appointed by President (Centre).
Acts as agent of Centre.
USA → States elect their own Governor.
India → adopted Canadian system.

13. Integrated Election Machinery

Election Commission of India conducts elections for both Centre & States.
Appointed by President, States have no say.
USA → separate election machineries for federal & state levels.

14. Veto Over State Bills

Governor can reserve certain bills for President’s consideration.
President can withhold assent (absolute veto).
USA & Australia → States are autonomous, no such provision.

Critical Evaluation of the Federal System

1. Quasi-Federal Character

Unlike classical federations (USA, Australia, Switzerland), India has many unitary features.
Hence, K.C. Wheare famously called India’s system:
👉 “Quasi-federal” — a unitary state with subsidiary federal features.

2. Santhanam’s View: Increasing Centralisation

Two main reasons why Centre dominates:
1. Financial control → States depend heavily on Central grants.
2. Planning Commission (earlier) → Controlled State development plans.
His conclusion: India practically functions as a unitary state, though legally a federation.

3. Alternative Views (More Federal Reading)

Paul Appleby → India is “extremely federal”.
Morris Jones → India has “bargaining federalism” (Centre and States constantly negotiate).
Ivor Jennings → “Federation with strong centralising tendency.”
Alexandrowicz → India is sui generis (unique in character).
Granville Austin → Described Indian federalism as “cooperative federalism”.
- Centre is strong, but States are not weak.
- States are not just administrative agencies.
- Indian federation is a new kind of model, tailored to India’s needs.

4. Ambedkar’s Defence of Indian Federalism

Dual polity = Both Union and States derive power directly from the Constitution (not from each other).
States are not dependent on Centre for legislative or executive authority.
Constitution can function as federal in normal times, unitary in emergencies.
Criticism that “States are reduced to municipalities” = exaggeration.

👉 Ambedkar: India is federal by principle, unitary by necessity.

5. Supreme Court’s Stand (Bommai Case, 1994)

Federalism is a basic feature of the Constitution.
States have independent constitutional existence.
They are not “satellites or agents” of the Centre.
Exceptions like emergency provisions do not destroy federalism.
Indian federalism is not just administrative convenience but a principle reflecting ground realities.

6. The Compromise Nature of Indian Federalism

India’s federalism = Balance between two needs:

State autonomy (normal times → division of powers).
National integrity & strong Centre (during crisis → centralising powers).

This is the very essence of quasi-federalism.

7. Federal Spirit in Practice

Despite centralising features, federalism in India is alive and visible through:

Territorial disputes (Maharashtra–Karnataka over Belgaum).
River water disputes (Cauvery between Karnataka–Tamil Nadu).
Rise of regional parties (DMK, TDP, TRS etc.).
Creation of new states (Jharkhand, Uttarakhand, Telangana).
States demanding more grants from Centre.
Assertion of state autonomy and resistance to interference.
Judicial checks on Article 356 misuse (Supreme Court limiting Centre’s power to dismiss State govts.).