One Country, One Polity: A Case against India’s Federalism
UPES, School of Law, India.
Volume II – Issue I, 2020
The article focuses upon the federal structure and the problems related with it. India is often characterized as quasi-federation, an administrative federation, organic federation, and a territorial federation. However, this does not mean that it is accommodative of all the concerns that governing such a large, populated, and diverse country puts forth. Federalism is the model that has divided the sovereignty between the national and the state or regional governments. For declaring India, a federal country had a lot of debate and was one of the most heated topics of the constituent assembly debates. The primary decision-making power in a unitary system lies with the central government, and the State and regional government are playing a passive role as mere administrative units of the central government. The Drafting Committee wanted to make it clear that though India was to be a federation, the Federation was not the result of an agreement by the States to join in a Federation and that the Federation not being the result of an agreement no State has the right to secede from it. The Federation is a Union because it is indestructible. The presence of the civil services and an integrated judicial system further buttress this claim.