Which one of the following is not a feature to Indian federalism?

Updated 11 Apr 2026 · From UPSC Prelims GS Paper I 2017, Q26

Contents16
UPSC Prelims GS2017Indian Polity
  1. AThere is an independent judiciary in India.
  2. BPowers have been clearly divided between the Centre and the States.
  3. CThe federating units have been given unequal representation in the Rajya Sabha.
  4. DIt is the result of an agreement among the federating units.
Show answer

Answer: (D) It is the result of an agreement among the federating units.

Indian federalism has several key features:

independent judiciary, division of powers between Centre and States, written Constitution, supremacy of Constitution, and bicameralism (Rajya Sabha and Lok Sabha).

Options (a), (b), and (c) are all genuine features of Indian federalism.

Option (a) — Independent judiciary: India has an independent judiciary that acts as the guardian of the Constitution and arbiter of disputes between Centre and States.

Option (b) — Division of powers: The Seventh Schedule divides subjects into Union List, State List, and Concurrent List.

Option (c) — Unequal representation in Rajya Sabha: States do have unequal representation in the Rajya Sabha — larger states like UP have more seats than smaller states like Goa. This is actually a feature of Indian federalism (unlike the US Senate where each state has equal representation).

Option (d) is NOT a feature of Indian federalism: The Indian federation was NOT created through an agreement among federating units (unlike the USA, where 13 independent colonies came together by agreement to form a federation).

Article 1 describes India as a 'Union of States', which implies two things:

(1) Indian federation is NOT the result of an agreement among states, and

(2) no state has the right to secede from the Union.

India's states were created by the Constitution itself and can be reorganised, merged, or divided by Parliament through ordinary legislation.

(Source: Laxmikant, Chapter on Salient Features)

Why this was asked

Article 1 describes India as a 'Union of States' rather than a 'Federation of States', meaning states cannot secede and the federation was not created by agreement between independent units.

Unlike the US where 13 independent colonies agreed to form a federation, Indian states were created by the Constitution itself and can be reorganized by Parliament through ordinary legislation.

Features of Indian Federalism

Indian Polity Indian federalism federating units

Features of Indian Federalism: Constitutional Design & UPSC Traps

Must know

India has quasi-federal structure with strong Centre

Article 1 describes India as 'Union of States' not federation

States created by Constitution, not by agreement

Good to know

No right to secede from Union unlike true federations

What Makes Indian Federalism Unique

Indian federalism is quasi-federal in nature — it has federal features but with a strong unitary bias. Unlike classical federations (USA, Australia), India's federation was not formed by independent states coming together by agreement. The Constitution itself created the states and defines their powers.

Key Features of Indian Federalism

Feature

How it Works in India

Constitutional Basis

Independent Judiciary

Supreme Court acts as arbiter in Centre-State disputes

Articles 124-147

Division of Powers

Union, State & Concurrent Lists in 7th Schedule

Article 246

Written Constitution

Rigid Constitution with amendment procedures

Article 368

Bicameralism

Lok Sabha (people) + Rajya Sabha (states)

Articles 79-122

Unequal Representation

States get different seats in Rajya Sabha based on population

4th Schedule

Question Analysis

Option A, B, C are all genuine features of Indian federalism

Option D is the trap — India's federation was NOT created by agreement among federating units

Article 1 uses term 'Union of States' deliberately to show states cannot secede

Parliament can reorganize states through ordinary legislation (not constitutional amendment)

Exam traps

Trap: Confusing 'Union of States' with 'Federation of States' — India is Union, not federation

Trap: Thinking unequal Rajya Sabha representation is undemocratic — it's actually a federal feature

Trap: Assuming all federations are formed by agreement — India's states were created by Constitution

Trap: Missing that Article 1 specifically avoids the word 'federation'

Rajya Sabha Representation Pattern

Indian Polity Rajya Sabha unequal representation

Rajya Sabha: Unequal State Representation as Federal Feature

Must know

Rajya Sabha has 245 members (233 elected + 12 nominated)

States get unequal seats based on population, not equal representation

Good to know

4th Schedule allocates seats to each state

Why Unequal Representation

Unlike the US Senate where each state gets equal representation (2 seats each), India's Rajya Sabha gives states unequal representation based roughly on population. This ensures larger states like UP have greater voice while still giving smaller states representation.

Rajya Sabha Seat Distribution Examples

State

Rajya Sabha Seats

Population Basis

Uttar Pradesh

31

Largest population

Maharashtra

19

Second largest population

Tamil Nadu

18

High population

Goa

1

Smallest state population

Sikkim

1

Very small population

Delhi (UT)

3

Union Territory with legislature

Federal Logic Behind Unequal Seats

Population-based allocation ensures demographic representation in upper house

4th Schedule can be amended only through constitutional amendment

Even smallest states get minimum 1 seat ensuring voice in federal structure

12 nominated members by President add expertise (Art, Literature, Science, Social service)

Exam traps

Trap: Thinking unequal representation is anti-federal — it's actually a federal design choice

Trap: Confusing with US model where each state gets equal Senate seats

Trap: Forgetting 12 nominated members in total Rajya Sabha strength

Union of States vs Federation

Indian Polity Union of States agreement among the federating units

Article 1: Why India is 'Union of States' Not Federation

Must know

Article 1: India is 'Union of States' not federation

Indian states cannot secede from Union

States were created by Constitution, not by pre-existing agreement

Constitutional Language Choice

Article 1 deliberately uses 'Union of States' instead of 'Federation of States'. This choice reflects two key principles: (1) Indian federation was not created by agreement among independent states, and (2) states have no right to secede from the Union.

Union of States vs Classical Federation

Aspect

India (Union of States)

USA (Federation)

Formation

Constitution created states

13 independent colonies agreed to unite

Right to Secede

No right to secede

Debated (Civil War settled this)

State Creation

Parliament can create/reorganize states

New states need consent of existing states

Constitutional Status

States derive power from Constitution

States retain inherent sovereignty

Dissolution

Union is indestructible

Theoretically could be dissolved by states

Implications of Union Structure

Parliament can reorganize states through ordinary legislation (Article 3)

No state referendum needed for boundary changes or state creation

Emergency provisions allow Centre to take over state functions

Governor appointed by Centre, not elected by state

Exam traps

Trap: Thinking 'Union' and 'Federation' mean the same thing constitutionally

Trap: Assuming India follows US federal model — India has unique quasi-federal structure

Trap: Missing that Article 3 allows Parliament to change state boundaries without state consent

Seventh Schedule Division of Powers

Indian Polity Powers have been clearly divided Centre and the States

Seventh Schedule: Three-List System for Power Division

Must know

Article 246 + 7th Schedule divides powers into 3 lists

Union List: 100 subjects under Centre's exclusive control

State List: 61 subjects under State's exclusive control

Concurrent List: 52 subjects where both can legislate

Three-List Federal Design

Article 246 read with 7th Schedule creates clear division of legislative powers between Centre and States. This three-list system ensures both levels know their jurisdictions while allowing shared responsibility in concurrent areas.

Division of Legislative Powers

List

Subjects (Approx)

Who Legislates

Key Examples

Union List

100

Only Parliament

Defence, Foreign Affairs, Currency, Railways

State List

61

Only State Legislature

Police, Agriculture, Local Govt, Public Health

Concurrent List

52

Both (Centre prevails)

Education, Marriage, Criminal Law, Electricity

Residuary

Unlimited

Only Parliament

Subjects not in any list (IT, Space, etc.)

Key Principles

Concurrent List: In case of conflict, Central law prevails over state law

Residuary powers with Centre (unlike USA where states get residuary powers)

Article 248 + Entry 97 give Parliament exclusive power over residuary subjects

Emergency can shift State List subjects to Centre temporarily

Exam traps

Trap: Thinking Concurrent List means equal power — Centre prevails in conflicts

Trap: Assuming residuary powers are with states like USA — they're with Centre in India

Trap: Missing that Article 248 covers residuary powers, not just 7th Schedule