Federalism and the Basic Structure Doctrine

Federalism means constitutionally dividing governmental powers between the Union and the States, each operating within its assigned sphere. It forms part of the basic structure because this division is a foundational feature of India's constitutional identity, not merely an administrative arrangement. Parliament may amend federal provisions under Article 368, but it cannot destroy the federal character of the Constitution.

Federal design of the Constitution

The Constitution establishes government at two levels and protects their respective authority through a written, supreme Constitution.

• Article 1 describes India as a Union of States, recognising States as constituent units of the constitutional system.
• Article 246 and the Seventh Schedule distribute legislative subjects through the Union, State and Concurrent Lists.
• The Rajya Sabha provides representation to the States at the Union level, while Article 131 gives the Supreme Court original jurisdiction over specified Union-State disputes.
• Under Article 368, amendments affecting specified federal provisions require ratification by at least one-half of the State legislatures.

Why federalism is a basic feature

Federalism preserves constitutionally limited government by preventing the complete concentration of authority at one level. It also enables democratic self-government across a large and diverse country while maintaining national unity.

• In Kesavananda Bharati v. State of Kerala, 1973, the Supreme Court held that Parliament cannot alter the Constitution's basic structure through amendment.
• In S.R. Bommai v. Union of India, 1994, the Supreme Court expressly affirmed that federalism is a basic feature and applied this principle while examining the use of Article 356.
• An amendment that converts States into mere administrative agencies of the Union would therefore damage the Constitution's identity.

Nature and limits of protection

Indian federalism accommodates a comparatively strong Union and permits constitutional adjustments in Union-State relations. Basic-structure protection does not freeze every federal provision; it prevents amendments that abrogate or substantially damage the federal balance.

• The doctrine primarily limits the constituent power of Parliament under Article 368, while ordinary laws and executive actions must also satisfy applicable constitutional provisions and judicial review.
• Federalism must be understood together with constitutional supremacy, democracy and the independence of the judiciary.

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