FEDERALISM AND THE CHANGING CONTOURS OF CENTRE–STATE RELATIONS IN INDIA

Abstract

Federalism, in its basic usage, denotes a system of governance in which power is split between a central authority and several constituent bodies of the nation so that each government can act autonomously in its domain. In India, the relevance of federalism is paramount when diverse people from different backgrounds and traditions live in tandem. It would be impracticable for a single government to enact legislation for the whole nation, and such action is undesirable given the people's fascination with varying cultures, languages, and distinct histories. Therefore, each state government may enact laws pertaining to the social, economic, and political needs of the residents of various regions, while the central government may enact regulations for the entirety of India. The Latin word “foedus” meaning “treaties or agreement” is the source of the English word “federation”. The federal states were established by treaties or agreements. However, Indian federalism is not the consequence of any agreement or treaty. Thus, federalism is not merely a question of center-state relations but also a method to assure a participating role of the state in the decision-making procedure. The core concept of federalism consists of the Union and the states, along with the distribution of powers among them by the unified constitution. Till 1935, India had a unitary government; the Government of India Act, 1935, proposed the federal plan and, for the first time, established the federal principle in India and established the statutory use of the term ‘Federation’. The Indian Constitution is fundamentally federal in structure and is defined by the typical features of a federal system established by Part XI, together with Schedule VII. Articles 256 to 261 and Articles 245 to 255 of the Constitution of India emphasize the organization of administrative functions, and distribution of legislative authority, respectively. In addition, the impact of the Indian judiciary on federalism has been fluctuating. Federalism in the modern period is a notion of reconciliation among two contradictory trends, the increasing spectrum of shared interests and the desire for local autonomy. This research study will examine the concept of federalism and its changing features in India.