Political scientists have classified governments into unitary and federal on the basis of the nature of relations between the notional government and the regional governments. By definition a unitary government is one in which all the powers are vested in the national government. on the other hand, a federal government is one in which powers are divided between the national government and the regional governments by the constitution itself and both operate in their respective jurisdiction independently.

Characteristics of a federal government
1) Division of powers between the national and regional governments
2) Supremacy of the constitution
3) written constitution
4) Rigid constitution
5) Independent judiciary etc.

Characteristics of a unitary government
1) No division of powers. All powers are vested in the national government.
2) Constitution may be supreme or may not be supreme.
3) constitution may be written or unwritten.
4) constitution may be rigid or flexible.
5) Judiciary may be independent or may not be independent etc.


Is India a federation or not?
A Federation can be formed in two ways, that is, by way of come together to form a big and strong union as for example the US. In the second case, a big unitary State is converted into a federation by granting autonomy to the provinces. for example Canada.
The Indian Federal system is based on the Canadian model and not on the American model. The constitution of India provides for a federal system of governments in the country
However, the term federation has no where been used in the constitution. Article 1 of the constitution describes India as a union of states.
According to Dr. B.R. Ambedkar, the phrase `union of states’ has been preferred to federation of states to indicate two things: (1) the Indian federation is not the result of an agreement among the States like the American federation and (2)the States have no right to secede from the Federation.



               The Indian Constitution possesses some federal features as well as some unitary Features. They are as follows:-
Federal features of the Indian constitutions

*Division of power
The constitution divided the powers between the centre and the states in terms of the Union list, state list and concurrent list.

*Supremacy of the constitution
The constitution is the supreme law of the land. The organs of the government at both the levels must operate within the jurisdiction prescribed by the constitution.


*Written constitution
The constitution of India is not only a Written document but also the lengthiest constitution of the world.

*Rigid constitution
The constitution is rigid to the extent that those provisions which are concerned with the Federal structure can be amended only by the joint action of the central and state governments such provisions require for their amendment a special majority of the parliament and also an approval of half of the state legislatures.

*Independent Judiciary
The constitution establishes an independent judiciary headed by the supreme court for two purposes: (1) to protect the supremacy of constitution by exercising the power of judicial review.(2) to settle the dispute between the centre and state and between the states.





Unitary features of the Indian constitution
*Appointment of Governor
The governor, who is the head of the state, is appointed by the president. He holds office during the pleasure of the president. He also acts as an agent of the centre. Through him, the centre exercises control over the states.



*All India Services
In India, the centre and states have their separate public services. But, in addition, there are all India Services which are common to both the centre and states. The member of these services are recruited and trained by the centre which also possesses ultimate Control over them. Thus, these services violate the principle of federalism under the constitution.

*Integrated judiciary
The Indian constitution has established an integrated judicial system with the supreme court at the top and the State high courts below it.

*Single citizenship
In spite of a dual polity, the constitution of India adopted the system of single citizenship. There is only Indian citizenship and no separate state citizenship.

*Single constitution
Usually, in a federation, the states have the right to frame their own constitution. In India, on the contrary, no such power is given to the states.

                          From the above, It is clear that the constitution of India has deviated from the traditional federal system.







             In the case of S.R Bommai vs Union of India, It was held that the essence of a federation is the presence of division of power between the centre and State. Nonetheless, the absence of the term federal and federation and the presence of unitary features can make us conclude that our constitution more quasi federal than federal or unitary.

In State of WB vs union of India, the court pointed out that the nature of the constitution is quasi federal.
Conclusion
The Indian Constitution strikes a balance between federalism and unitarism, adapting to the needs of a diverse and dynamic nation. While it provides for a division of powers between the Centre and the States, its unitary features, such as emergency provisions and a strong central authority, ensure national integrity and effective governance. This flexibility allows India to function as a federation under normal circumstances while adopting a unitary character during crises. Therefore, the Indian Constitution can be best described as quasi-federal, combining the strengths of both systems to maintain stability and unity in a vast and pluralistic society.


FAQs
1. Is the Indian Constitution purely federal?
No, the Indian Constitution is not purely federal. It has both federal and unitary features, making it quasi-federal in nature.

2. What are the federal features of the Indian Constitution?
The federal features include a dual government system (Centre and States), division of powers, an independent judiciary, a written and rigid Constitution, and a bicameral legislature.

3. What are the unitary features of the Indian Constitution?
Unitary features include a strong central government, single citizenship, emergency provisions, a single Constitution for the entire country, and the power of the Centre to override state laws in certain cases.

4. Why is India called a quasi-federal state?
India is called a quasi-federal state because it has a federal structure with a strong centralizing tendency. While normal governance follows federal principles, the Centre has overriding powers in times of emergency or conflict.

5. How does the emergency provision affect the federal nature of India?
During a national emergency, the Indian Constitution becomes unitary, as the Centre gains the power to legislate on state subjects, and state governments come under its direct control.

6. Is India more federal or more unitary in practice?
In practice, India leans towards a centralized federalism, where the Centre holds significant power, but the states also enjoy autonomy in many areas. The balance depends on the political and administrative context.

AUTHOR: AMRENDRA KUMAR YADAV