System of Government in India: Federal, Parliamentary, and Centre-State Relations
The system of government established by the Indian Constitution is unique. It blends elements of federalism with a strong unitary bias and adopts the parliamentary form of government. This guide explores these structural pillars.
1. Parliamentary System
India adopted the British Parliamentary System, also known as the Westminster model, rather than the American Presidential System. It is based on the principle of cooperation and coordination between the legislative and executive organs.
Key Features:
- Nominal and Real Executives: The President is the nominal executive (de jure), while the Prime Minister is the real executive (de facto).
- Majority Party Rule: The political party securing majority seats in the Lok Sabha forms the government.
- Collective Responsibility: The ministers are collectively responsible to the Parliament, specifically the Lok Sabha (Article 75).
- Double Membership: Ministers are members of both the legislature and the executive.
- Dissolution of the Lower House: The Lok Sabha can be dissolved by the President on the recommendation of the Prime Minister.
2. Federal System with a Unitary Bias
Article 1 of the Constitution describes India as a “Union of States.” The term ‘Federation’ is nowhere used in the Constitution. The Indian system is often described as “quasi-federal” (K.C. Wheare).
Federal Features:
- Two-tier Government: Centre and States.
- Written Constitution: The supreme law of the land.
- Division of Powers: 7th Schedule (Union List, State List, Concurrent List).
- Independent Judiciary: Supreme Court to settle disputes between Centre and States.
- Bicameralism: Lok Sabha and Rajya Sabha.
Unitary (Non-Federal) Features:
- Strong Centre: More subjects and important subjects in the Union List. Residuary powers belong to the Centre.
- Single Constitution: No separate constitution for states.
- Flexibility of Constitution: Major parts can be amended by the Parliament alone.
- Emergency Provisions: Converts the federal structure into a unitary one during emergencies (Articles 352, 356, 360).
- Single Citizenship and Integrated Judiciary.
- Appointment of Governor: By the President.
3. Centre-State Relations
The Constitution divides powers between the Centre and the States across three dimensions:
A. Legislative Relations (Articles 245 – 255)
- Territorial Extent: Parliament can make laws for the whole of India; State legislatures for the state.
- Distribution of Legislative Subjects: Union List (e.g., Defence, Foreign Affairs – 100 subjects), State List (e.g., Police, Public Health – 61 subjects), Concurrent List (e.g., Education, Forests – 52 subjects).
- Parliamentary Legislation in State Field: Parliament can legislate on state subjects under 5 extraordinary circumstances (e.g., if Rajya Sabha passes a resolution, during National Emergency, or to implement international agreements).
B. Administrative Relations (Articles 256 – 263)
- States must exercise their executive power in compliance with parliamentary laws.
- Centre can give directions to states regarding means of communication and protection of railways.
- All-India Services: IAS, IPS, IFoS provide administrative unity and Centre’s control.
- Inter-State Council (Article 263): Established for coordination between states.
C. Financial Relations (Articles 268 – 293)
- Allocation of Taxing Powers: Clear division (e.g., Income tax by Centre, Sales tax by States – pre-GST). GST introduced a concurrent taxation mechanism.
- Grants-in-Aid: Statutory grants (Article 275) and Discretionary grants (Article 282).
- Finance Commission (Article 280): Recommends the distribution of net proceeds of taxes between the Centre and the States.
Conclusion
The Indian system is a pragmatic arrangement designed to accommodate regional diversities while ensuring national unity and integrity. Understanding its nuances is critical for analyzing contemporary political issues and constitutional debates.