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Question #

Though the federal principal is dominant in our constitution and that principle is one of its basic features, but it is equally true that federalism under the Indian Constitution leans in favour of a strong Center, a feature that militates against the concept of strong federalism. Discuss.

Answer by Chad #

The Indian Constitution embodies the principle of federalism, where power is shared between the central government and the state governments. However, it is often argued that the balance of power tilts in favor of the central government, indicating a strong center and not true federalism. This is evident through various provisions and practices under the Indian Constitution.

Firstly, the distribution of legislative powers clearly shows the dominance of the central government. The Union List contains subjects on which only the central government can legislate, while the State List contains subjects exclusive to state governments. However, the Concurrent List, which includes subjects on which both central and state governments can legislate, is heavily weighted towards the center. This means that the central government has a wider range of topics to legislate on, encroaching on what should ideally be state subjects, thus limiting the powers of states.

Secondly, the financial dependence of states on the center is significant. The central government collects taxes and distributes them to the states based on the recommendations of the Finance Commission. This dependence on central funds weakens the autonomy of states as they have limited control over their financial resources. Additionally, the central government can impose conditions on how states can utilize these funds, further undermining their authority.

Thirdly, the emergency provisions in the Constitution grant extensive powers to the central government in times of crisis. During a national emergency, the center can assume control over the legislative and executive powers of the states. This centralized control dilutes the federal character of the Constitution and gives the center disproportionate authority during such emergencies.

Moreover, the appointment of governors by the center further strengthens its hold over the states. Governors, who are representatives of the center in the states, often interfere in the functioning of state governments. They have the power to reserve or withhold assent to legislation, dismiss state governments, and recommend President's Rule. This influence of the center weakens the autonomy of states and reinforces the dominance of the center.

Furthermore, the constitutional provisions for the creation and reorganization of states are also subject to the control of the central government. The center can initiate the creation of new states or alter the boundaries of existing ones, impairing the federal structure. This centralized approach contradicts the idea of strong federalism where states have more say in such matters.

In conclusion, while federalism is indeed one of the basic features of the Indian Constitution, the dominance of the central government and the tilt in its favor limit the concept of strong federalism. The unequal distribution of legislative powers, financial dependency, emergency provisions, the influence of governors, and control over state creation and reorganization demonstrate the preeminence of the center. To achieve true federalism, it is crucial to strike a better balance between the powers of the central government and the states, ensuring more autonomy and decision-making authority for states.