Federal system

 FEDERAL SYSTEM

Indian Constitution establishes a unitary state with subsidiary federal features whereas these views are strictly based on the theoretical considerations of the Indian constitution. K.C. Wheare opines Indian constitution as a quasi-federal. On the contrary it is misleading to refer to India as a quasi-federation, because there is no such thing as a quasi-federal system and that a system is either a federation or it is not a federation. India is legally a complete federation, because all the basic features of federal system are present in the Indian constitution. Taking into account the legal or institutional structure of a federal system, one finds that features of federalism such as- supremacy of the constitution, distribution of powers and an independent federal judiciary are there in the constitution. 

The minor features are also there such as participation of the constituent units in the amendment process of the constitution and federal character of the second chamber. However, in spite of the tendency of centralisation, the legal formal structure of our Constitution incorporates all these elements. Apart from this discussion on the nature of Indian constitution scholars have discussed the federal nature of Indian constitution from different angles. W.H. Morris Jones has studied Indian federal system in its political and dynamic perspectives. He talks of federalism in India as an example of the concept of bargaining federalism. He says that federalism in India is a form of co-operative federalism but according to him this phrase should be understood to include hard competitive bargaining. 

He further says, "whereas the emphasis in the constitution is on demarcation, that of practical relations, in on co-operative bargaining. The centre has encouraged different modes of relations with the different states and hence a varied mode of federalism is perceivable" A large number of scholarly studies have been published on the dynamic aspect of India's federal system. They reveal the impact of the dynamics of political dimensions such as the party alliances, the ideological movements, national and regional political leadership, effectiveness of pressure groups and peoples demands. Besides socio-economic conditions are also determining the emerging framework of the centre state relations. Each state of the union has its distinctive socio-economic and political problems. It therefore, evolves different types of relations with the centre. This shows that the Indian federal system has evolved a dynamic character and this dynamic nature changes according to compelling reasons, pressures and circumstances.

The real nature of a society cannot be understood merely by an analysis of the institutions. Its nature can be examined only by observing how the institutions work in the context of that society. It is the operation and not the form that is important. The essential nature of federalism is to be sought for not in the shadings of legal and constitutional terminology but in the forces-economic, social, political and cultural that has made the outward form of federalism necessary. There are three models of federalism in India. There is a distinction of degrees rather than kinds in this model. Sometime these models are visible in a political system in comparison to each other.