The parliamentary system is a form of government in which the executive is closely connected with the legislature and remains politically responsible to the popularly elected House.

Major features:

1. Dual Executive: There is a nominal executive and a real executive. In India, the President is the constitutional head, while the Prime Minister and Council of Ministers exercise the real executive authority.
2. Nominal and Real Executive: The President normally acts on the aid and advice of the Council of Ministers headed by the Prime Minister.
3. Collective Responsibility: The Council of Ministers is collectively responsible to the Lok Sabha.
4. Fusion of Powers: The executive is drawn from the legislature and participates in its functioning. Thus, unlike a strict separation model, the executive and legislature are closely connected.
5. Prime Ministerial Leadership: The Prime Minister is the central figure of the parliamentary executive.
6. Political Homogeneity: A single-party majority government generally provides greater political cohesion. In a coalition government, ministers may represent different political parties.
7. Uncertain Tenure: The Council of Ministers continues as long as it enjoys the confidence of the Lok Sabha.
8. Responsible Government: The executive is continuously answerable to Parliament, especially the Lok Sabha.
9. Party Discipline: Political parties play a major role in maintaining legislative support for the government.
10. Cabinet Government: Important policy decisions are normally taken through the Cabinet under the leadership of the Prime Minister.

In a presidential system, the President is normally both the head of the State and the head of government. The executive does not depend upon the continuing confidence of the legislature for its tenure.

• Single executive.
• President is the real executive.
• Fixed tenure of the executive.
• Greater separation between executive and legislature.
• Ministers are generally not members of the legislature.
• Executive is not collectively responsible to the legislature in the parliamentary sense.
• President normally exercises executive authority directly or through officials responsible to the President.

1. Responsible Government: The executive remains answerable to the legislature.
2. Checks on Executive: Questions, debates, motions and parliamentary procedures provide continuous scrutiny.
3. Coordination: The executive and legislature generally work in close coordination.
4. Flexible Government: A government that loses majority support can be replaced without waiting for the completion of a fixed executive term.
5. Representation: The Council of Ministers can include representatives of different regions, communities and political groups.
6. Leadership: The Prime Minister provides political direction to the government.

• Instability: A government may fall if it loses majority support.
• Party Politics: Political considerations may influence governmental decisions.
• Possibility of Coalition Problems: Coalition governments may face disagreements among partners.
• Executive Dominance: A government with a strong parliamentary majority may dominate legislative business.
• Short-term Political Considerations: Governments may sometimes focus on immediate political gains.

The Constituent Assembly deliberately adopted the parliamentary model rather than copying the presidential model.

1. Familiarity with the British Model: India had considerable experience with parliamentary institutions under the constitutional reforms introduced during British rule.
2. Responsibility of the Executive: The framers preferred an executive that would remain accountable to elected representatives.
3. Suitability to Indian Conditions: India’s social, linguistic and regional diversity required a system capable of accommodating different political interests.
4. Prevention of Executive Dictatorship: A government dependent on legislative confidence is subject to continuing political scrutiny.
5. Need for Representative Government: The system connects the executive directly with Parliament.
6. Experience of Provincial Governments: India already had experience of parliamentary government under the Government of India Act, 1935.

A federal system divides governmental powers between a central authority and regional governments. Both levels derive their authority from the Constitution and operate within constitutionally defined spheres.

India combines federal principles with strong unitary features. Therefore, India is often described as a federation with a strong Centre or a quasi-federal system.

1. Dual Polity: There are Union and State governments.
2. Written Constitution: The Constitution defines the powers of both levels.
3. Supremacy of Constitution: Both Union and State governments must operate within constitutional limits.
4. Division of Powers: The Seventh Schedule distributes legislative subjects between Union, State and Concurrent spheres.
5. Independent Judiciary: Courts can settle constitutional disputes between different levels of government.
6. Bicameralism: The Rajya Sabha represents the States at the Union level.
7. Constitutional Rigidity in Certain Matters: Certain constitutional amendments require ratification by at least half of the State Legislatures.

Article 246 distributes legislative competence among the Union, State and Concurrent Lists. 1

• Strong Union: The Union has extensive legislative, administrative and financial powers.
• Single Constitution: The constitutional framework largely applies to both Union and States.
• Single Citizenship: India provides for single citizenship.
• Integrated Judiciary: India has a single integrated judicial system rather than separate federal and state court systems.
• All-India Services: Services such as the IAS and IPS provide an important administrative link between Union and States.
• Governor: The Governor is appointed by the President.
• Emergency Provisions: During emergencies, the federal balance can shift strongly towards the Union.
• Parliamentary Power over State Boundaries: Parliament has constitutional authority concerning the formation and alteration of States.
• Residuary Powers: Residuary legislative powers belong to Parliament.

The Supreme Court describes India as having a federal system while also emphasising the integrated judicial structure. 2

Indian federalism cannot be understood simply as either completely federal or completely unitary.

During normal times, constitutional powers are distributed between the Union and States. However, several provisions strengthen the Union.

The Centre has important advantages regarding residuary powers, emergency powers, financial resources, interstate coordination and national administration.

Therefore, Indian federalism is often described as:

• Federal in structure.
• Unitary in certain operational features.
• Flexible according to circumstances.
• More centralised during constitutional emergencies.

Legislative relations concern the distribution of law-making powers between Parliament and State Legislatures.

The Seventh Schedule contains:

• Union List: Parliament has exclusive competence over subjects assigned to this List, subject to constitutional provisions.
• State List: State Legislatures ordinarily have exclusive power over subjects assigned to this List.
• Concurrent List: Both Parliament and State Legislatures can legislate.

Article 246 establishes the basic distribution of legislative competence. 3

Parliament can also legislate in certain situations on matters normally falling within the State sphere, including situations involving national interest, emergencies and other constitutionally specified circumstances.

• National Interest – Article 249: Rajya Sabha may pass a resolution, by the constitutionally required special majority, declaring it necessary in the national interest for Parliament to legislate on a State List matter.
• Emergency – Article 250: During a National Emergency, Parliament can legislate on State List matters.
• Request by States – Article 252: Two or more State Legislatures may request Parliament to legislate on a State subject. Other States may later adopt such legislation.
• International Agreements – Article 253: Parliament can make laws for implementing treaties, agreements or international decisions.
• President’s Rule – Article 356: During President’s Rule, Parliament may exercise legislative powers of the State Legislature, subject to the constitutional framework.

Administrative relations deal with how the Union and State executive authorities cooperate and coordinate.

• States must exercise executive power consistently with laws made by Parliament that apply to them.
• The Union can issue certain directions to States under the Constitution.
• The Union and States cooperate in administration of matters of common importance.
• All-India Services provide an institutional link between Union and State administration.
• Inter-State coordination mechanisms can assist in resolving common administrative problems.
• The Union has constitutional responsibilities concerning protection of States and ensuring government is carried on according to constitutional provisions.

The Ministry of Home Affairs’ Centre-State Division deals with several Centre-State constitutional and administrative matters, including State reorganisation, boundary disputes and President’s Rule. 4

Financial relations determine how revenues are collected and shared and how resources are transferred between the Union and States.

Important constitutional mechanisms include:

• Division of Taxing Powers: The Constitution allocates taxation powers between Union and States.
• Distribution of Tax Revenue: Certain Union taxes are shared with States according to constitutional arrangements.
• Finance Commission – Article 280: It recommends principles for distribution of certain revenues between the Union and States and matters concerning grants-in-aid.
• Grants-in-Aid: The Union can provide financial assistance to States under constitutional provisions.
• GST Framework: The Constitution provides a special framework for taxation of goods and services and coordination through the GST Council.

Centre-State relations have changed according to political, economic and social conditions.

• Centralisation: The Union has traditionally possessed considerable constitutional and financial strength.
• Rise of Regional Parties: The growth of regional political parties has increased the importance of State-level political interests.
• Coalition Era: Coalition governments at the Union level have encouraged greater negotiation between national and regional parties.
• Cooperative Federalism: Union and State governments increasingly work together through institutional mechanisms.
• Competitive Federalism: States also compete for investment, development, infrastructure and economic opportunities.
• Inter-State Cooperation: Inter-State and zonal institutions provide platforms for discussion of common problems.

Water disputes between States can become politically and economically sensitive because rivers frequently cross State boundaries.

Article 262 provides the constitutional basis for Parliament to provide for the adjudication of disputes relating to the waters of inter-State rivers or river valleys.

Parliament has enacted legislation dealing with inter-State river water disputes and mechanisms for their adjudication.

Article 263 provides for an Inter-State Council mechanism to promote coordination and cooperation among the Union and States.

Major purposes include:

• Inquiring into and advising upon disputes between States.
• Investigating and discussing subjects of common interest.
• Making recommendations for better coordination of policy and action.
• Promoting cooperative federalism.

The Inter-State Council is therefore an important consultative institution in India’s federal system.

Article 261 deals with full faith and credit to public acts, records and judicial proceedings throughout India.

This principle supports legal and administrative continuity across State boundaries.

It means that public records and judicial proceedings of one part of India receive constitutional recognition across the country, subject to the conditions prescribed by law.

Part XIII of the Constitution deals with trade, commerce and intercourse within the territory of India.

The basic constitutional principle is that trade, commerce and intercourse throughout India should remain free, subject to constitutional limitations and exceptions.

Articles 301–307 form the principal constitutional framework.

Article 301 declares the general freedom of trade, commerce and intercourse throughout the territory of India.

However, this freedom is not absolute. The Constitution permits certain restrictions in constitutionally prescribed circumstances.

Zonal Councils are statutory advisory bodies created under the States Reorganisation Act, 1956. They are not constitutional bodies.

There are five Zonal Councils:

• Northern Zonal Council
• Central Zonal Council
• Eastern Zonal Council
• Western Zonal Council
• Southern Zonal Council

The Union Home Minister is the common Chairman of the Zonal Councils, while Chief Ministers and other representatives participate according to the statutory framework.

Their broad purpose is to promote cooperative working, discuss common regional problems and facilitate coordination among States and the Union. 5

1. National Emergency – Article 352
2. President’s Rule – Article 356
3. Financial Emergency – Article 360

Emergency provisions are contained mainly in Part XVIII of the Constitution. They allow extraordinary constitutional measures during serious crises.

A National Emergency may be proclaimed when the security of India or any part of its territory is threatened by:

• War
• External aggression
• Armed rebellion

Step 1 – Cabinet Decision:

The President cannot issue the proclamation merely on an informal political recommendation. The decision of the Union Cabinet must be communicated to the President in writing.

Step 2 – Proclamation:

The President issues the Proclamation of Emergency.

Step 3 – Parliamentary Approval:

The proclamation must be approved by both Houses of Parliament within the constitutionally prescribed period.

Step 4 – Continuation:

Once approved, it continues for the constitutionally prescribed period and can be extended through further parliamentary approval.

Step 5 – Revocation:

The President may revoke the proclamation. The Constitution also provides parliamentary mechanisms concerning disapproval.

The Forty-Fourth Amendment replaced the expression “internal disturbance” with “armed rebellion” as a ground for National Emergency. 7

• The Union executive becomes more powerful in relation to the States.
• Parliament can legislate on matters in the State List during the emergency, subject to constitutional provisions.
• The distribution of executive authority can be affected.
• The Lok Sabha’s term may be extended by Parliament within constitutional limits while the emergency operates.
• Certain Fundamental Rights may be affected according to the specific constitutional provisions applicable during emergency.

Article 358 specifically concerns suspension of Article 19 in emergencies based on war or external aggression, subject to the constitutional conditions. 8

Article 356 deals with a situation in which the government of a State cannot be carried on in accordance with the provisions of the Constitution.

Basic process:

1. A constitutional situation arises in a State.
2. The President issues a Proclamation under Article 356.
3. Parliamentary approval is required within the prescribed constitutional period.
4. The President may assume certain functions of the State government and declare that the powers of the State Legislature are exercisable by or under the authority of Parliament, subject to constitutional limitations.
5. The proclamation continues only for the period permitted by the Constitution and subject to parliamentary approval.

The Ministry of Home Affairs specifically identifies Article 356 as the constitutional provision governing imposition and revocation of President’s Rule. 9

Article 360 provides for a Financial Emergency if the financial stability or credit of India or any part of its territory is threatened.

The President may issue a proclamation subject to constitutional requirements.

Important possible consequences include:

• Directions concerning financial propriety may be issued to States.
• The Union may direct reduction of salaries and allowances of persons serving the Union or States within the constitutional framework.
• Money Bills and other financial matters of States may become subject to additional constitutional controls.

Arguments in favour:

• They provide constitutional mechanisms for dealing with exceptional crises.
• They protect national security and constitutional government.
• They allow rapid coordination during serious national emergencies.
• They can help maintain constitutional administration in States.

Criticisms:

• They can strengthen the Union excessively.
• President’s Rule can affect State autonomy.
• Emergency powers may potentially be misused for political purposes.
• The federal balance can shift substantially toward the Union.

The experience of the 1975–77 Emergency led to important constitutional changes through the Forty-Fourth Amendment, including safeguards concerning the declaration of National Emergency.