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VOL. 12, ISSUE 1 (2026)
Beyond quasi-federalism: Reassessing the federal character of The Indian Constitution
Authors
Pooja Kisan Bhosale, Saiprasad Dudhane, Sanskruti Mishra
Abstract

This paper critically examines the federal character of the Indian Constitution by moving beyond the conventional classification of India as a “quasi-federal” State. While the Constitution incorporates several classical features of federalism—such as a written constitution, division of powers, and an independent judiciary—it simultaneously embeds strong unitary elements that significantly undermine State autonomy. Drawing upon constitutional provisions, historical context, and judicial interpretation, the paper argues that the dominance of the Union has evolved from a justified necessity during the nation’s formative years into a permanent structural imbalance.

The analysis focuses on key constitutional mechanisms that reinforce central supremacy, including Article 1’s conception of an indestructible Union, Parliament’s unilateral power to reorganize States under Article 3, and the concentration of residuary and fiscal powers at the Centre. Contemporary developments such as the formation of Telangana, the India–Bangladesh Land Boundary Agreement, and the implementation of the Goods and Services Tax are examined to demonstrate how State interests are often reduced to a consultative formality rather than a decisive role. Emergency provisions and judicial deference further accentuate this imbalance.

The paper contends that the cumulative effect of these features results in the systematic marginalization of States, creating a democratic deficit in a diverse polity like India. It ultimately concludes that India can no longer be meaningfully described even as a quasi-federal State, but rather as a centrally unitary system with limited federal features, where State autonomy remains contingent on Union discretion.

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Pages:230-232
How to cite this article:
Pooja Kisan Bhosale, Saiprasad Dudhane, Sanskruti Mishra "Beyond quasi-federalism: Reassessing the federal character of The Indian Constitution". International Journal of Law, Vol 12, Issue 1, 2026, Pages 230-232
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