Article 1(1) and the Concept of Union

Article 1(1) of the Indian Constitution states: “India, that is Bharat, shall be a Union of States.” While submitting the Draft Constitution, Dr. B.R. Ambedkar, Chairman of the Drafting Committee, explained that although the Constitution may be federal in structure, the term “Union” was deliberately used for certain advantages:

• To indicate that the Indian federation is not the result of an agreement among the units.

• To clarify that the component units have no freedom to secede from the Union.

The word “Union” does not correspond to any particular type of federation. It has been used in other constitutions:

• United States Constitution (a classical federation model)

• British North America Act (not a true federation, according to Lord Haldane)

• Union of South Africa Act, 1909 (establishing a unitary Constitution)

• USSR Constitution, 1977 (recognized a right of secession for its republics under Article 72)

Thus, the nature of Indian federalism must be examined based on the provisions of the Constitution itself, rather than merely the label used by its draftsman.

Challenges in Defining Federalism

There are two major difficulties in analyzing federalism:

1. No universally accepted definition of a federal state exists.

2. Scholars often use the United States model (1787) as the standard, excluding other forms of federations from the definition.

• Applying the U.S. model strictly would exclude most later constitutions except perhaps Switzerland and Australia.

• Political scientists traditionally classify constitutions as either unitary or federal, but many modern constitutions possess features of both.

• A liberal approach is therefore necessary, acknowledging that federalism exists in degrees, depending on the number and nature of federal features.

Two notable scholarly observations support this view:

• One American researcher stated that whether a state is federal or unitary depends on how many federal features it possesses.

• Another American scholar described a federation as more a functional concept than an institutional one, emphasizing that institutions differ according to social and cultural environments.

Essential Features of a Federal System

To analyze whether India is a federal state, it is necessary to outline the minimal features of federalism recognized by political scientists:

1. Dual Government:

• Unitary State: Only one national government exists. Local authorities exercise powers delegated by the national government, which may revoke these powers at will.

• Federal State: Consists of a fusion of several states forming a single entity for matters of common interest, while each state enjoys autonomy in other areas.

• Both Federal and State Governments derive authority from the Constitution, and states cannot secede.

2. Distribution of Powers:

• A federal state inherently divides authority between the federal government and the component states.

• The method of distribution may vary across different federal constitutions.

3. Supremacy of the Constitution:

• The Constitution is the supreme organic law.

• All powers—executive, legislative, or judicial—whether federal or state, are subordinate to the Constitution.

4. Authority of Courts:

• Legal supremacy of the Constitution is essential to maintain the division of powers.

• Courts, especially the Supreme Court, have the power to interpret the Constitution and invalidate actions by the Union or State Governments that violate its provisions.