federalism

A federal constitution divides legislative and executive power between the Union and the States, is written and supreme, is hard to amend on federal matters, and has an independent court to settle disputes between governments. India has all of these: the three lists of the Seventh Schedule read with Article 246, ratification by half the States for amendments affecting federal provisions (Article 368(2) proviso), and the Supreme Court's original jurisdiction under Article 131.

India is described as quasi-federal (K.C. Wheare) because the Centre is strong: Article 1 calls India a “Union of States”, Parliament can reshape States under Article 3, and there are emergency powers, single citizenship and an integrated judiciary. In S.R. Bommai the Supreme Court held federalism to be part of the basic structure and made President's Rule under Article 356 subject to judicial review.

Example

Relying on Bommai, a student can argue that dismissing a State government without a floor test offends federalism, a basic feature of the Constitution.

In Indian law

• Articles 1, 245–246 and Seventh Schedule, Constitution of India
• S.R. Bommai v. Union of India, 1994 INSC 111

See also

basic structure doctrine · President's rule · pith and substance · separation of powers

Read more in the study notes

• Administrative law: meaning, nature, scope, growth and sources (Administrative Law)
• Central Vigilance Commission, parliamentary committees and commissions of inquiry (Administrative Law)
• The central bank and the Reserve Bank of India: evolution, organisation and functions (Banking Law)
• The Sherman Antitrust Act, 1890 (Competition Law)
• The Clayton Act, 1914 and the Federal Trade Commission Act, 1914 (Competition Law)
• Constitution: meaning, kinds and constitutionalism (Constitutional Law I)