Federalism with a strong centre

Before Independence, leaders knew a large, diverse country would need power shared between provinces and the Centre, so that people of each region could govern themselves. After the decision to partition India, the Constituent Assembly chose a system based on unity and cooperation between the Centre and the states, while giving the states separate powers. The Constitution does not even use the word 'federation'. Article 1: 'India, that is Bharat, shall be a Union of States.'

Division of powers. There are two sets of government, the Union (central) government and state governments, both with constitutional status and defined areas. Disputes are settled by the judiciary. The Constitution lists subjects:

• Union List (only Parliament legislates): defence, atomic energy, foreign affairs, war and peace, banking, railways, post and telegraph, airways, ports, foreign trade, currency and coinage.
• State List (normally only the state legislature): agriculture, police, prisons, local government, public health, land, liquor, trade and commerce within the state, livestock, state public services.
• Concurrent List (both may legislate): education, transfer of property other than agricultural land, forests, trade unions, adulteration, adoption and succession.
• Residuary powers: everything not in any list belongs to the Union.

Financial powers are centralised: the states have immense responsibilities but meagre revenue sources.

Federalism with a strong Centre. The framers wanted a federation that accommodated diversity, but also a strong Centre to prevent disintegration and drive social and economic change. At Independence, besides British provinces there were more than 500 princely states to integrate; and poverty, illiteracy and inequality needed national planning. Provisions that strengthen the Centre:

• Parliament controls states' existence: it can form new states, change boundaries, even change a state's name, after seeking the state legislature's views.
• Emergency provisions can turn the federation into a highly centralised system; Parliament may then legislate on State List subjects.
• Financial dominance: the main revenue sources are central; states depend on central grants. Planning, through the Planning Commission, centralised economic decisions, and the Centre's discretion in grants and loans has drawn charges of discrimination against states ruled by opposition parties.
• The Governor (appointed by the Centre) can recommend dismissal of a state government and dissolution of the Assembly, and can reserve state bills for the President's assent, letting the Centre delay or veto them.
• The Centre may legislate on State List matters if the Rajya Sabha agrees. The Centre's executive power is superior, and under Article 257 it can give directions to states.
• An integrated administration: IAS and IPS officers serving in the states are under central control; states cannot discipline or remove them.
• Articles 33 and 34 let Parliament protect public servants for actions taken to restore order under martial law.

Example (new): a state can set its own police rules and farm policy, both national and state laws can govern forests and schools, and if a new subject such as space tourism arises that is in none of the lists, only Parliament can make law on it.