Though the federal principle is dominant in our Constitution and that principle is one of its basic…

Question

Though the federal principle is dominant in our Constitution and that principle is one of its basic features, but it is equally true that federalism under the Indian Constitution leans in favour of a strong Centre, a feature that militates against the concept of strong federalism. Discuss.

Ghissu Editorial · Accepted Answer

Indian federalism leans towards a strong Centre through residuary and emergency powers, Article 3 and the Governor, but this tilt secures unity without negating federalism as a basic feature. S.R. Bommai (1994) held that states are not mere appendages of the Centre.

**Introduction**

Kesavananda Bharati (1973) and S.R. Bommai (1994) placed federalism in the basic structure, yet Ambedkar described a Constitution that could be unitary or federal as circumstances required, which K.C. Wheare called quasi-federal.

**How the Constitution Leans Towards a Strong Centre**

SKETCH: comparison | Federal Form, Unitary Tilt
a: Federal Feature
b: Central Counterweight
- Dual polity :: Single citizenship
- Independent judiciary :: Integrated court system
- State services :: All India Services
- Bicameral Parliament :: Unequal Rajya Sabha seats
- State legislatures :: One Election Commission

1. **Legislative primacy**: Residuary power under Article 248, Union primacy in the Concurrent field under Article 254 and Articles 249 to 253 let Parliament enter State subjects.
2. **Destructible states**: Article 3 lets Parliament redraw states by simple majority, as with Andhra Pradesh in 2014.
3. **Emergency and Governor**: Articles 352, 356 and 360 can make the system unitary, and Governors may reserve state Bills under Article 200.

**Why the Tilt Need Not Militate Against Federalism**

1. **Holding-together federation**: India was not formed by a compact of states; after Partition and the merger of over 500 princely states, a strong Centre secured unity.
2. **Judicial guardrails**: Bommai held that states are not appendages of the Centre and made President's Rule reviewable.
3. **Cooperative channels**: The 15th and 16th Finance Commissions kept states' tax share at 41%, and the GST Council pools sovereignty.
4. **Real concerns**: Governors withholding Bills, as in the Tamil Nadu dispute decided in 2025, and rising cesses can still squeeze states.

**Conclusion**

The central tilt is a design for unity, not a negation of strong federalism, which in India means states supreme in their own sphere. It stays benign when cooperative federalism, not partisan use of Articles 356 and 200, governs Union-state relations.

Though the federal principle is dominant in our Constitution and that principle is one of its basic features, but it is equally true that federalism under the Indian Constitution leans in favour of a strong Centre, a feature that militates against the concept of strong federalism. Discuss.

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