Analyzing Federal Principles Under The Constitution Of India

Author: LawSphereX

Category: Constitutional & Human Rights

Published: 2026-08-23T17:59:23.569509+00:00

Updated: 2026-08-26T17:12:10.146+00:00

ANALYZING FEDERAL PRINCIPLES UNDER THE

CONSTITUTION OF INDIA

Adv. Shubhada Joshi, LL.M., Deccan Education Society’s Shri. Navalmal Firodia Law College, Savitribai Phule Pune University

ABSTRACT

“Federalism in India: Division of power – Strengthening the system” Federalism in India has a rich and complex history, interconnected with the country’s struggle for independence and its journey as a democratic republic. Before independence, the country was a cluster of princely states, British provinces, and territories under direct British rule. With independence, India adopted a federal system of government under the Government of India Act 1935, which served as the basis for the Constitution of India. In current state India’s federal structure continues to evolve, with ongoing debates and negotiations over the distribution of powers, fiscal federalism, and centerstate relations. Federalism in India means that power is divided between the central government and state governments.

This split is influenced by many factors like the diverse cultures, languages, needs of different regions across the nation, socio-economic considerations and the dynamics of Indian politics. Federalism in India is always changing to fit the needs of the people and ensure everyone’s voice is heard in the democracy but there is no balance of power between the central government and state governments. In India historical and socio-political factors, the cultural, religious, and philosophical differences etc influence the interpretation and implementation of federalism. “Contrary to the intended federal structure, center-state relations in India often exhibit asymmetrical power dynamics.

” By addressing asymmetrical power dynamics and promoting a more inclusive approach to governance there is a need of developing a framework promoting and managing transparent communication channels and structured dialogue between the central government and state administrations, fostering consensus-building and equitable decision-making processes. The researcher has undertaken the topic to study how constitutional interpretations, judicial decisions, and administrative reforms contribute to shaping the current status and future prospects of federalism in India? What are the alternatives available for strengthening federalism in India, fostering greater cooperation between the center and states? Keywords: Asymmetrical Power Dynamics, Centralization, Decentralization, Federalism, Inclusive Governance, Intergovernmental Cooperation, Power Distribution

1. Introduction

Federalism is government system where the power to govern is divided among a center and sub political units, such as states. Federalism mainly establishes a dual system of governance where both the central government and the regional units have their own scope or sphere of authority and independence. The concept of federalism involves the key principles such as Division of Powers, Constitutional Supremacy, Dual Sovereignty, Interdependence and Cooperation, Protection of Regional Interests, Checks and Balances, Flexibility and Adaptability etc. Federalism is a dynamic system that can vary in its implementation based on the unique historical, cultural, and political contexts of different countries.

Federalism, as the term is used in political science and legal scholarship, refers to a means of governing a polity that grants partial autonomy to geographically defined subdivisions of the polity. Clearly, such a regime lies somewhere between a fully unitary state and an alliance of separate ones. A political entity that is governed by a single central government making all significant decisions cannot be described as federal without abandoning the ordinary meaning of the term. 1 Federalism in India refers to the division of power between the central government and the state governments as laid out in the Constitution of India2. The federalism in India is characterized by a strong central government with certain powers reserved for the states.

The division of power between the center and the states is outlined in the Seventh Schedule of the Indian Constitution3, which delineates subjects under the Union List, State List, and Concurrent List.

2. History of Quasi Federalism in India

A. Ancient India - In ancient India, Mahajanapadas were big kingdoms or states. The

Mahajanapadas were mostly monarchical kingdoms where dynastic kings with absolute powers and a regular army ruled over a defined territory called Janapada or

1 MALCOLM M FEELEY AND EDWARD RUBIN, FEDERALISM : POLITICAL IDENTITY AND TRAGIC

COMPROMISE, 12 (4th ed., 2011).

2 INDIA CONST.

3 INDIA CONST. schedule 7.

rajya. However, some of them were republics known as Gana or Ganasanghas, or Ganarajya. 4 These were powerful and often covered large areas. They had their own rulers, laws, and armies. Each Mahajanapada had its own capital city and controlled smaller towns and villages around it. Some famous Mahajanapadas included Magadha, Koshala, Vatsa, and Avanti. These kingdoms were influential in ancient Indian history and contributed to the development of Indian civilization. B. British India - Before India got independence nearly for 200 years it was under British

rule. British being needed to rule India rather than governs the same centralised all power into their had initially East India Company and then Crown and operated from that time India’s capital, initially Calcutta and later Delhi. Princely states were obeying this central power while maintaining a fraction of federalism. The British colonial administration in India established a centralized governance system with the Viceroy as the head, overseeing the administration of British India, which comprised provinces directly ruled by the British Crown at that time. There were around 565 princely states with different levels of autonomy. These states were not directly ruled by the British but were under their political control. Each princely state had its own local ruler or Maharaja who governed it. Some states had significant autonomy in internal matters, while others had limited powers.

Several Government of India Acts were enacted during the colonial period, shaping the governance structure of India. The Government of India Act, 19195, and the Government of India Act, 19356, were particularly significant in introducing elements of federalism in India’s governance. a. Montagu-Chelmsford Reforms (1919) - The Government of India Act, 19197, also known as the Montagu Chelmsford Reforms, introduced the principle of dyarchy in

4 CAPACITY BUILDING COMMISSION, https://cbc.gov.in/cbcdev/mahajanpadas/mahajanpadas.html (last

visited Sept. 6, 2024).

5 The Government of India Act, 1919, Acts of Parliament, 1919 (India)

6 The Government of India Act, 1935, Acts of Parliament, 1935 (India)

7 The Government of India Act, 1919, Acts of Parliament, 1919 (India) supra note 5.

the provinces. Dyarchy, i.e., rule of two—executive councillors and popular ministers - was introduced. The governor was to be the executive head in the province.8 b. Government of India Act (1935) - At the time of drafting the Government of India Act, 1935, the British Parliament had to solve the problem posed by the demand of the Muslim minority that residuary power of legislation should be conferred on the Provinces, and the demand of the Hindu majority that residuary power should be conferred on the Federation. The Government of India Act, 1935, provided for a federal structure with a clear division of powers between the central government and the provinces that time. It introduced bicameral legislatures at both levels and granted significant autonomy to the provinces. C. Fight for an Independence - In India the demand for independence was not only

against British rule but also was addressing internal issues related to governance, representation, discriminations, Opinions about continued existence of princely states etc. In 1885 The Indian National Congress was founded and became the principal political party in India. Religious politics affected the operation of the federation before partition because the Muslim-majority provinces, and then the League, saw federal autonomy as a means of safeguarding their rights within a Hindu-dominated state. The demand for greater federal autonomy was rejected at the time of the Cabinet Mission Plan (CMP), leading to partition.9 D. Partition and Federalism - The partition into two separate nations, India and Pakistan,

was a turning point in the country’s history and resulted in the largest migrations in history. The unwanted experience of partition changed the socio-political landscape of the country and a need of a union state with more power centralised at center surfaced. The process of integrating princely states into the Indian Union was initiated by the

8 INSIGHTSIAS, https://www.insightsonindia.com/modern-indian-history/national-movement-

19191939/montague-chelmsford-reforms-or-the-government-of-india-act-1919/ (last visited Sept. 6, 2024). 9 Katharine Adeney, Federalism And Ethnic Conflict Regulation 1 Federalism and Ethnic Conflict Regulation in India and Pakistan 107-108 (2007), https://www.researchgate.net/publication/344168942_Federalism_and_Ethnic_Conflict_Regulation_in_India_an d_Pakistan, Last Seen On 21/03/2024.

Indian National Congress and the British government. Through negotiations, agreements, and in some cases, military action (like in Hyderabad and Junagadh), most princely states acceded to either India or Pakistan at the time of independence. E. Drafting Constitution - On Prof. K. T. Shah (Bihar: General) stated that, “That in

clause (1) of article 1, after the words ‘shall be a’ the words ‘Secular, Federal Socialist’ be inserted.” and the amended article or clause will read as follows: “India shall be a Secular, Federal, Socialist Union of States.” 10 Whereas most of the members of drafting committee opposed the amendment stating that India’s Federation is not the result of an agreement (or a contract) by the States to join a federation, and hence no state had the legal right to leave or break away from the union or country. The Federation was a Union because it was indissoluble. F. Quasi-Federal Structure - The Indian Constitution is influenced by various

international constitutional models including those of federal countries like the United States, Canada, and Australia. But considering India’s socio and cultural diversity, history, struggle for independence, experience of partition constituent assembly opted for a quasi-federal structure that balanced the principles of federalism with a strong union base. G. Current Situation and Federal Stability in India - There are many aspects which

always been contributing balancing of federal stability maintaining union structure of India. In current scenario the constitution maintains the federalism by dividing the powers and responsibilities of the central and state governments mainly through the schedule VII specifying the allocation of powers between Central and State. The constitutional provisions in India on the subject of distribution of legislative powers between the Union and the States are spread out over several articles (articles 245-254). a. Scheme of Distribution of Legislative Powers Under The Indian Constitution – There is no equal representation of states in the legislature, seats in the lower

10 PARLIAMENT OF INDIA DIGITAL LIBRARY,

https://eparlib.nic.in/bitstream/123456789/763023/1/cad_1511-1948.pdf (last visited Sept. 8, 2024).

house depends upon the population of the states. Emergency Provisions in Indian constitution empower Center to take over all powers in hand and transforms India completely into a unitary system. Federal stability is difficult to quantify. In recent years India has witnessed a proliferation of regional parties which have led commentators to express concern over the stability of the state. But federal stability should not be equated with the stability of a governing coalition. The security of a government’s tenure may, of course, have implications for federal stability, but by itself the longevity and stability of the government is not indicative of, nor a good proxy for, federal stability. 11

3. Features on Indian Federalism

A. Constitutional Supremacy - One of the most important aspects of Indian federalism

is that the constitution is supreme. Constitutional supremacy is a fundamental principle of Indian constitutional law, which means that the Constitution is the supreme law of the land and all laws, including the government’s actions, must conform to its provisions.12 It ensures that governments of India center or state must abide by the principles laid out in the constitution and cannot amend them as they see fit. B. Division of Power - The Division of Power is done by the constitution itself. The

distribution of powers between the central and state governments is clearly defined in the Constitution. The Union List includes subjects such as defence, foreign affairs, and currency, which are under the exclusive jurisdiction of the central government. The State List includes subjects like police, public health, and agriculture, which fall under the exclusive jurisdiction of the state governments. The Concurrent List includes subjects on which both levels of government can legislate.

11 Katharine, supra note 9.

12 Mani Balaji S, Constitutional Supremacy vs Parliamentary Sovereignty in India, The Legal Quorum, (Sept. 23, 2024, 9:10 PM), https://thelegalquorum.com/constitutional-supremacy-vs-parliamentary-sovereignty-inindia/.

C. Independent Judiciary – In India the judiciary make sure that Center and State both

follow the rules set out in the constitution and settle any arguments between them by following constitutional law. When there are disagreements between the central government and state governments judiciary performs a job as a neutral third party adhering the law and resolving conflicts. D. Independent Executive Body – In India’s federal structure, independent executive

organs at both the central and state levels play crucial roles in governance. At the central level, the President serving as the ceremonial head of state, while the Prime Minister and Council of Ministers hold executive authority, formulating policies and overseeing ministries. Similarly, in states, Governors represent the President, while Chief Ministers and their respective Cabinets execute state governance. These executive bodies ensure the efficient implementation of laws and policies, administer public services, and represent citizens’ interests across the nation’s diverse regions. Through their roles, they uphold the principles of federalism, balance power between central and state governments, and strive for the holistic development of India. E. Inter - Governmental Coordination - The cooperation and communication between

the central and state and state and state is crucial for effective governance and the smooth functioning of the country. It helps in unity, cooperation, and efficiency in addressing issues that affect the nation while also respecting the autonomy and authority of individual states. Various institutions and forums performs their duty in such coordination such as inter- State Council (ISC)13, National Institution for Transforming India (NITI Aayog)14, Finance Commission India15, National Development Council (NDC), Goods and Services Tax (GST) Council16, Inter-State River Water Disputes Tribunals17 and many more.

13 Inter-State Council Secretariat Ministry of Home Affairs, Government of India, available at

https://interstatecouncil.gov.in/ (last visited Oct. 6, 2024).

14 NITI Aayog, https://www.niti.gov.in/, last seen on 26/03/2024 (last visited Oct. 6, 2024).

15 Finance Commission of India, https://fincomindia.nic.in/ (last visited Oct. 6, 2024).

16 Goods and Service Tax Council India, https://gstcouncil.gov.in/, (last visited Oct. 6, 2024).

17 The Department of Water Resources, River Development and Ganga Rejuvenation,

https://jalshaktidowr.gov.in/Current-Inter-State-River-Water-Disputes-And-Tribunals/ (last visited Oct. 6, 2024).

F. Financial Arrangements - Fiscal federalism plays a crucial role in maintaining

stability. The Finance Commission periodically recommends the distribution of financial resources between the center and states, ensuring adequate fiscal autonomy for states while also addressing regional disparities. Besides the impact on macroeconomic management, the present form of fiscal federalism also has implications for structural reform in India. One issue is whether it is possible within this system to establish a modern and efficient tax system. As regards direct taxes, a significant problem is the separation of tax powers on the basis of agricultural versus non-agricultural income.18 G. Cultural and Linguistic Diversity – India’s diverse cultural and linguistic landscape

necessitates sensitivity towards regional aspirations and identities. Respecting linguistic and cultural diversity contributes to federal stability by promoting inclusivity and accommodating diverse interests.

4. Asymmetrical power dynamics in center-state relations in India

A. Constitutional Framework - The Indian Constitution establishes a federal system with

a strong center. While it provides for a division of powers between the central and state governments, certain key subjects such as defence, foreign affairs, currency, and communications are under the exclusive jurisdiction of the central government. Additionally, the central government has the authority to legislate on matters in the State List under specific circumstances, such as in the national interest or during emergencies. B. Financial Control - The central government has significant control over financial

resources, which can influence the autonomy of state governments. States rely heavily on fiscal transfers from the central government, such as grants-in-aid and revenue sharing, for their finances. This dependence gives the central government leverage over states and can affect their policy decisions. C. Administrative Control - The administrative apparatus of the central government is

vast and powerful. It includes various central agencies, ministries, and departments that

18 HEMMING, R FISCAL FEDERALISM IN THEORY AND PRACTICE, 537 (TERESA TER-MINASSIAN,

1997).

often wield authority over state governments through mechanisms such as bureaucratic appointments, oversight, and implementation of centrally-sponsored schemes. D. Political Dynamics – India’s political landscape is dominated by national political

parties, which often control both the central and state governments. This can lead to alignment between the central and state governments, diminishing the autonomy of states. Even when different parties govern at the center and in the states, the center’s powers can still overshadow those of the state’s due to its constitutional prerogatives and resources. E. Emergency Provisions - During times of national emergency, the central government

can assume sweeping powers, including the ability to override certain state powers and take direct control of state affairs. While emergency provisions are intended for rare and extreme situations, they can further tilt the balance of power in favour of the center. Emergency encroaching federalism has been a topic of debate since ages. The British Parliament amended the Government of India Act of 1935 by adding a new Section (Section 126 A) which empowered the Government of India, during the operation of a Proclamation of Emergency resulting from war or a threat of war, to give direction to the provincial government as to the way in which their executive authority was to be exercised, and enabled the federal legislature to make laws in the provincial field conferring executive authority on the Government of India or its officers.

19 In fact there has been a strident demand for deletion of Article 356 but if Article 356 is removed while retaining Articles 355 and 365, the situation may be worse from the point of view of the States. 20

5. Overview of Existing Laws and Regulations

A. Constitution of India - The Constitution of India is the supreme law of the land. It

provides for a federal system with a division of powers between the Union (central government) and the States. The Seventh Schedule of the Constitution contains three

19 Commission on Centre-State Relations, Government of India,

https://interstatecouncil.gov.in/wpcontent/uploads/2015/06/volume1.pdf, (last visited Oct. 6, 2024).

20 Danish Hasnain, Dynamics of Article 356 of The Constitution of India : A Trepindation Turns True,

Uttarakhand Judicial and Legal Academy, https://ujala.uk.gov.in/files/ch11_1.pdf, (last visited Oct. 6, 2024).

lists i.e. Union List, State List, and Concurrent List, which explains the subjects on which each level of government can legislate. Articles 245 to 255 delineate the legislative relations between the Union and the States, ensuring the supremacy of the Constitution and resolving conflicts between laws made by the Union and the States. A federal constitution usually has the following essential characteristics: (i)

Distribution of powers, (ii) Supremacy of written and rigid constitution, (iii) Authority of courts-the judiciary, in a federal polity, has the final power to interpret the constitution. The Indian federalism was designed on the basis of the working of the federalism in the U. S. A. , Canada, and Australia. Yet, it deviates from those federalism in many respects and establishes its own distinctive features. In the following matters, it is pointed out; the Indian constitution modifies the strict application of the federal principle. 21 a. Article 356 (President’s Rule) 22 - Article 356 of the Constitution empowers the President to assume control of the administration of a state if the constitutional machinery in that state breaks down.

President’s Rule is imposed when a state government fails to function according to the provisions of the Constitution, usually due to political instability or governance failure. While it is meant to be used sparingly and as a measure of last resort, it has implications for federalism as it involves the central government taking over the functions of the state government. There were stages where the deletion on this article was given a though. But National Commission to Review The Working of The Constitution in their report stated that, “We are therefore not in favour of deleting article 356. In any event, we feel that the stage has not yet arrived in our constitutional development, where we can recommend the deletion of Art. 356. What is required is its proper use and that has to be ensured by appropriate amendments to the article.

” 23 21 Roshni Duhan, Federal System In India And The Constitutional Provisions, 5 Innovative Journal of Social Sciences 2 (2016), available at Https://Interstatecouncil. Gov. In/Wp-Content/Uploads/2020/02/Brief-On- ZonalCouncils-1-2. Pdf, (last visited Oct. 6, 2024).

22 INDIA CONST. art. 356.

23 The Department of Legal Affairs, Government of India,

https://legalaffairs.gov.in/sites/default/files/Article%20356%20of%20the%20Constitution.pdf, (last visited Oct. 6, 2024).

b. Article 365 (President’s Rule)24 - If a state fails to comply with or to give effect to any directions from the Union government on matters it is empowered to deal with under the Constitution, the President can issue a proclamation declaring that the governance of the state shall be carried out in accordance with the directions of the Union government. This proclamation essentially leads to the imposition of President’s Rule in the state, wherein the state government is temporarily suspended, and the Union government takes over the administration of the state. Article 365 provides a mechanism for the Union government to intervene in the affairs of a state if it believes that the state government is not functioning in accordance with the Constitution or is failing to discharge its constitutional obligations. B.

Inter State Councils - The Inter-State Council aims to strengthen federalism by

providing a platform for the discussion of issues affecting inter-state relations and promoting the balanced development of the country. There are five Zonal Councils which are statutory bodies set up under the States Reorganization Act, 1956 to provide a common meeting ground to the States and UTs in each zone for resolution of inter-state and regional issues, fostering balanced socioeconomic regional development and building harmonious Centre- State relations.25 C. Finance Commission - Article 280 of the Constitution provides for the establishment

of the Finance Commission. The Finance Commission is constituted every five years to recommend the distribution of tax revenues between the Union and the States and among the States themselves. Its recommendations play a crucial role in maintaining fiscal federalism by ensuring a fair distribution of financial resources. Over time, inter-governmental relations have demonstrated institutional continuity, although exogenous shocks (such as now being experienced with the Covid-19 crisis) have been a trigger for institutional and policy change. Nevertheless, common principles and lessons can be drawn from international experience, providing useful context in assessing how India’s fiscal federalism has developed and equalisation

24 INDIA CONST. art. 356.

25 Inter-State Council Secretariat Ministry of Home Affairs, Government of India,

https://interstatecouncil.gov.in/brief-on-zonal-councils/, (last visited Oct. 6, 2024).

objectives met, given much needed investment in its health, education, and physical infrastructure, and the catalytic effects on growth and regional inequality. In doing this, much support was provided by this Commission’s meetings with, and presentations by, the International Monetary Fund (IMF), the World Bank, the Organisation for Economic Cooperation and Development (OECD), and the Asian Development Bank

(ADB).26

D. Goods and Services Tax (GST) - The GST system, implemented in July 2017, is a

significant tax reform aimed at creating a unified national market. It replaced multiple indirect taxes levied by the Union and the States with a single, comprehensive tax. The GST Council, consisting of representatives from the Union and the States, decides on various aspects of the GST, including tax rates, exemptions, and administration, thereby promoting cooperative federalism. The Goods and Services Tax regime has altered the contours of fiscal federalism in India, and steady growth of GST revenue is a robust barometer of the reform’s success, Economic Advisory Council to the PM (EAC-PM) chairman Bibek Debroy said. 27

E. National Development Council (NDC) - The National Development Council (NDC)

was established in 1952 as a platform for cooperative federalism. Although not legislated, the NDC brings together the Prime Minister, Chief Ministers of States, and members of the Planning Commission (now replaced by NITI Aayog) to discuss and deliberate upon development plans and policies. It aims to ensure the participation of States in the planning process and promote a balanced and integrated approach to national development. F. Emergency Provisions - Part XVIII of the Constitution deals with emergency

provisions, which include national emergency, state emergency previously known as internal emergency, and financial emergency. These provisions empower the central

26 Finance Commission of India,

https://fincomindia.nic.in/Asset/Doc/CommissionReports/Xvfc%20vol%20i%20main%20report.Pdf, (last visited Oct. 6, 2024). 27 Debroy, GST regime altered contours of fiscal federalism in India, The Economic Times (13/10/2023), https://economictimes.indiatimes.com/news/economy/finance/gst-regime-altered-contours-of-fiscal-federalisminindia-debroy/articleshow/104404821.cms?from=mdr, (last visited Oct. 6, 2024).

government to assume greater control over the affairs of the States during emergencies, thus impacting the federal structure of the country. The Emergency provisions had a great impact on the state autonomy. It allows the union government to take into its jurisdiction and handle the functions of the state. This done by suspending the various provisions of the Constitution. Such an exercise of power affects the balance between the strong union government and state autonomy in a federation. 28

6. Recommendations for Strengthening Center State Relations - To balance power between

the central government and states in India, it’s important to let states have more control over their own affairs while making sure they get enough money to manage the state functions. Leaders from different states and the central government should communicate with each other more and often. Citizens also should have a say in decisions that affect them directly. Central and state government should be honest and open about what they’re doing. When states disagree, there should be fair ways to solve issues. A. Financial Devolution - Financial devolution will allow for the distribution of resources

in a more equitable manner, addressing the varying needs and priorities of different states. This will help in cooperative federalism and strengthens the bond between the central government and the states. The recommendations of the Finance Commission should be implemented not just in letter but in spirit also to ensure that states receive adequate funds for development projects and social welfare schemes. B. Political Dialogue - Political leaders at the center and in states should engage in

constructive dialogue to address grievances and resolve disputes amicably. Political dialogue will provide a platform for central and state leaders to engage in discussions, negotiate differences, develop mutual understanding on key issues affecting the nation. Political dialogue will strengthen federal framework by promoting cooperation, coordination and respect for each other’s jurisdictional boundaries. It will help in striking a balance between centralization as well as decentralization of power.

28 Binitha Ajith, Emergency Provisions And The Inter Play Of Centre State Relations Under The Indian

Constitution, 12 International Journal Of Creative Research Thoughts - IJCRT 578, 582 (2024), https://www.ijcrt.org/papers/IJCRT2402302.pdf, (last visited Oct. 6, 2024).

C. Empowerment of Local Bodies - Empowering local bodies such as municipalities,

panchayats etc will be helpful in decentralizing power and ensuring democratic and participatory governance. Local bodies being closer to the people can provide services such as water supply, sanitation, waste management, healthcare etc. more efficiently and responsively than centralized authorities. D. Conflict Resolution Mechanisms - Effective conflict resolution mechanisms will help

in addressing grievances and resolve disputes before they escalate, thereby maintaining federalism and stability. Establishing independent arbitration panels or tribunals can provide a fair and impartial forum for resolving conflicts. Effective conflict resolution will build trust and will result in co operative federalism. E. Promotion of Cooperative Federalism - Cooperative federalism will encourage the

sharing of resources, knowledge and expertise between the central and state governments. This will ensure that resources are allocated efficiently and effectively leading to balanced development and economic growth across the country. Initiatives like GST (Goods and Services Tax) demonstrates the potential of cooperative federalism in the growth of the country.

7. Case Studies

A. State of West Bengal v. Union of India (1963) - The case was about whether the Indian

Parliament had the power to pass laws allowing the central government to acquire land or if that power belonged exclusively to the state governments. The State of West Bengal sued the Union of India, arguing that only the state government should have the authority to decide on land matters within its borders. Supreme Court in its judgement stated that, “in India the Constitution has conferred on the Union ample powers in that direction. In such a situation this Court should be very reluctant to curtail the already limited powers of the States and should not, by construction, convert the federal structure into a unitary form of government which the Constitution has rejected.” 29 29 State of W.B. v. Union of India, 1962 SCC OnLine SC 27, https://main.sci.gov.in/jonew/judis/3639.pdf, (last visited Oct. 6, 2024).

B. S.R. Bommai v. Union of India (1994) - In this case, the Supreme Court laid down

guidelines regarding the exercise of power under Article 356. It held that the satisfaction of the President to impose President’s Rule must be based on objective material and cannot be arbitrary. Moreover, it emphasized the importance of parliamentary democracy and federalism, stating that the dissolution of a state government should be the last resort. This judgment significantly strengthened the autonomy of state governments and reinforced the principles of federalism. The President has totally misconstrued Article 356. The satisfaction contemplated by the Article does not exist. A full-fledged Proclamation under Article 356 destroys the federal character of our polity and terminates the democratic right of the people of the State to have a government of its choice exercise plenary executive power and a legislature of its choice exercise plenary legislative power.

30 Moreover, it was a judgment with notable symbolic and practical importance for the configuration of federalism. At a time when the standing of the national government was being challenged over fundamental issues of equality, imposition by the federal courts of a uniform constitutional standard to the structure of sub-national governmental institutions conveyed an unambiguous confirmation of the supremacy and moral authority of federal power. 31 C. K. Lakshminarayanan v. Union of India, (2020) – The case was about if the Union

government is required to consult the State government for nominating members to the Assembly and the nominated members have the same right to vote as the elected members. Supreme court stated that, “The concept of federalism itself envisages distribution of power between Union and States. It is further to be noticed that Union Territories are not States. These Union Territories, ordinarily, belong to the Union (i.e. the Central Government) and therefore they are called “Union Territories”. That is why

30 S.R. Bommai v. Union of India, (1994) 3 SCC 1

31 Jacobsohn, Gary J, Bommai and the Judicial Power: A View from the United States, 2 Indian Journal of Constitutional Law 38 (2008), http://www.liiofindia.org/cgibin/disp.pl/in/journals/INJlConLaw/2008/2.html?stem=0&synonyms=0&query=fed eralism Binitha Ajith, (last visited Oct. 6, 2024).

they are governed under the administrative control of the President of India. That is the clear purport behind Article 239.32 D. Union of India v. Mohit Minerals (P) Ltd., (2022) – This case discussed the discussed

the Constitutional Architecture of the GST and its impact on federal structure. It was held that, “the deletion of Art. 279-B and the inclusion of Art. 279(1) by the Constitution Amendment Act, 2016 indicates that Parliament intended for the recommendations of the GST Council to only have a persuasive value, particularly when interpreted along with the objective of the GST regime to foster cooperative federalism and harmony between the constituent units GST Council.” 33

8. Conclusion

To understand the center-state relations in India and the asymmetrical power dynamics, researcher has taken efforts to learn various aspects of constitution, governance, politics, and policy implementations. The intended quasi federal structure outlined in the Constitution often gives way to a pattern of asymmetrical power dynamics. This is proved by several factors across multiple spheres of governmental and other organs in above study. The distribution and allocation of financial resources highlight a significant power imbalance. The central government holds considerable control over revenue generation and allocation, often influencing state policies and priorities through financial incentives or penalties. This imbalance can be seen in the disproportionate share of centrally sponsored schemes and grants, which weakens the autonomy of states in decision-making processes.

The legislative framework in India grants the central government extensive powers through concurrent and residual lists. This allows the center to encroach upon areas traditionally under state jurisdiction, leading to conflicts over legislative authority and policy implementation. The imposition of President’s Rule in states under Article 356 of the Constitution further underscores the center’s ability to intervene in state affairs, sometimes bypassing elected state

32 K. Lakshminarayanan v. Union of India, (2020) 14 SCC 664

33 Union of India v. Mohit Minerals (P) Ltd., (2022) 10 SCC 700

governments altogether. Moreover, the role of political parties and coalition dynamics results in asymmetry in centerstate relations. National parties often dominate the political landscape putting influence across multiple states and leveraging their position at the center to assert control over state governments. This can result in states with opposing political ideologies facing disproportionate challenges in securing resources and support from the central government. The asymmetric power dynamics are prominent in administrative matters, where institutions such as the Inter-State Council and the Planning Commission (now NITI Aayog) have historically favoured central authority over states’ interests.

Decisions on crucial issues like resource allocation, infrastructure development, and policy formulation often reflect the priorities of the central government, marginalizing the voices of state administrations. In conclusion, while India’s Constitution envisions a federal structure with shared powers between the center and states, the reality often deviates from this ideal intention of perfect quasi federal structure.