Ch 7: Federalism
This chapter anchors the constitutional mechanics of Centre-State relations, legislative division of power under the Seventh Schedule, and India's unique asymmetrical federal architecture.
Introduction & What is Federalism?
Focuses on the theoretical foundations of federalism, comparing the Indian model with West Germany and the US. While largely conceptual, UPSC traps students on the 'indestructible union of destructible states' vs 'indestructible union of indestructible states' dichotomy. Skip the basic conversational case studies (like the Nigeria example) but pay close attention to the definition of a federation which is not mentioned in the Constitution.
Federalism in the Indian Constitution
Highly critical as it covers the Seventh Schedule (Union, State, and Concurrent Lists) and Article 248 (Residuary powers). UPSC frequently tests items within these lists (e.g., agriculture, public order, education, forests under the 42nd Amendment of 1976) and how the concurrent list operates. Ensure you do not skip the specific division of taxation powers and the role of Rajya Sabha under Article 249 to legislate on state subjects.
The Seventh Schedule divides powers into Union List, State List, and Concurrent List. Residuary powers belong to the Union.
Federalism with a Strong Central Government
Extremely high yield for Prelims. Explains the unitary bias of the Indian Constitution, including Article 356 (President's Rule), the office of Governor, single citizenship, unified judiciary, and Article 257(1) (executive power of the Union). UPSC tests the justification of this centralizing tendency and the structural traps where the Union executive can override state assemblies. Focus heavily on Sarkaria Commission recommendations on these points.
The executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union.
Conflicts in India's Federal System
Details the operational friction points in Indian federalism: financial relations, autonomy demands, Interstate disputes (water disputes under Article 262 and Council under Article 263), and Governor's role. Candidates must avoid the trap of thinking water dispute tribunals are under the jurisdiction of the Supreme Court, as Article 262 explicitly bars it. Pay attention to the shift in federal dynamics post-1990 coalition era.
Article 262 allows Parliament to exclude Supreme Court jurisdiction over inter-state river water disputes.
Special Provisions
Covers Article 370 (now nullified) and Article 371 series (A to J) providing asymmetrical federalism to Jammu & Kashmir and northeastern states. Highly tested on matching Article 371 sub-clauses to respective states (e.g., 371A for Nagaland, 371F for Sikkim). Do not skip the distinction between symmetrical and asymmetrical federalism as UPSC tests these conceptual underpinnings.
Article 371 to 371J provide special provisions for several states to meet their unique historical and cultural needs.