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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