Indian Constitution - Quasi Federal form of Government

Q. "The Indian Constitution establishes a system of Government which is almost quasi federal, a unitary state with a subsidiary federal features rather than a federal state with subsidiary unitary features" KC Weheare. Elucidate. [20 marks - 2018]

 Indian Constitution as Quasi Federal

The constitution of India was scripted with some of the best features borrowed from the constitutions of some of the best democracies like The USA, UK, France etc. It incorporates the positive aspects of both a federal and a unitary government. According to KC Weheare, "The Indian Constitution establishes a system of Government which is almost quasi federal, a unitary state with a subsidiary federal features rather than a federal state with subsidiary unitary features".

Meaning of Quasi Federalism

In a quasi-federal state, the distribution of power among the state governments and central government is unequal. In a country like India, the center holds greater power than the states. But in a country like the USA, which is a true federation, states have the power to secede from the union government.

Indian Federalism has been described as Quasi Federal since it contains major federation features and union features. The very first article, Article 1 of the Indian Constitution states, India, that is Bharat, shall be a Union of States. So the unitary features of the constitution is outlined here.

Federal features of the Constitution of India 

The six important features of Federalism in India is discussed below:

1. Division of Power: The constitution of India identifies and implements Division of Power between the center and the states. Both the governments at the union and states are independent in their charge. Items of national importance like defence, foreign affairs, the currency of the country, etc. are union or central subjects, and subjects like health, land agriculture fall under the domain of the states.

2. Supremacy of the Constitution: The constitution is the source of power to all the three wings of Indian democracy – the legislative, the executive, and the Judiciary. Supremacy of the constitution is important for the coordinated and smooth functioning of the democracy

3. Written Constitution: The federal constitution must be written and unambiguous. Without the written constitution the demarcation of powers between the union and the states is impossible.

4. Constitutional Rigidity: Indian constitution is rigid in terms of it's amendments. Amendments to the constitution can be made by simple majority, special majority, or special majority along with a ramification of the Union.

5. Judiciary: Presence of a strong judiciary establishes a balance between the states and union governments.

6. Bi-cameral legislature:  The Indian Parliament has the lower house (Lok Sabha) and the upper house (Rajya Sabha). Any amendments need the approval of both houses.