This division of governmental powers into national and regional governments is done by way of 3 lists which are the Union, State and the Concurrent lists. Distribution of power between the centre and the state and other coordinate bodies present in the Constitution.
In federalism, distribution of power forms an important and integral part. Article 13(2) provided that the State shall not make any law which takes away any of the rights guaranteed under Part III of the Indian Constitution and to the extent of such contravention, the law is considered void. Every type of power be it legislative, administrative or judicial, irrespective of it being at the centre or the state level, is controlled by or is subordinated to the Constitution. A federal-state derives its existence from the Constitution. The term “law” involves rules, regulations, bylaws, notifications, orders, ordinances and even the customs having a force of law. There are various characteristics which are quintessential for a Constitution to be termed as a federal Constitution. Essential characteristics of a federal Constitution The Indian Constitution has adopted federal features, though it is not a complete federal nation. This is the reason why the Indian federalism was devised with a strong Centre. Prevention, as well as the settlement of conflict of the interests of the Centre and the States, is an important part of federalism. In other words, it seeks to bring unity in diversity and the achievement of common national goals. They work independently in their own sphere. The centre and the state are not subordinate but coordinate with each other. The basic principle of federalism is the “division of power”. Some of them are discussed below: Federal Principle There are certain features which are essential to be present in the federal Constitution.
The question of whether the Indian Constitution could be actually called a federal Constitution could not be answered without looking into the meaning of federalism and the essential features that are evident in a federal state. Ambedkar defined it as a federal Constitution, although the centre has certain powers to override the provinces. However, according to the makers of the Constitution, it is federal in nature. “similar to a federal system” because it has some features of federal and some of the unitary Constitution. Some jurist like Kenneth C Wheare, said that India is quasi-federal i.e. There is a huge difference of opinion when it comes to the nature of the Indian Constitution.
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