Indian Federalism, Secularism, and Basic Structure

The structure of the Indian polity is unique, balancing the demands of a centralized union with the regional autonomy of states.

1. The Quasi-Federal Character of India

Under Article 1, India is declared a "Union of States." Scholars debate the nature of Indian federalism:

• Quasi-Federal (K.C. Wheare): A unitary state with subsidiary federal features, rather than a federal state with subsidiary unitary features.
• Cooperative Federalism (Granville Austin): A system that promotes joint action while preserving the distinct identities of the Union and the States.

Federal Features: Written Constitution, Supremacy of the Constitution, Division of Powers (Seventh Schedule), and an Independent Judiciary.

Unitary Features (Unitary Bias): Single citizenship, Single integrated judiciary, Emergency provisions (Part XVIII), Appointment of Governors by the President, and the power of Parliament under Article 3 to alter boundaries without state consent.

2. The Basic Structure Doctrine

Can the Parliament amend any part of the Constitution under Article 368? This question triggered a historic struggle between the Parliament and the Judiciary:

1. Shankari Prasad v. Union of India (1951): Held that Parliament has unlimited power to amend the Constitution, including Fundamental Rights, under Article 368.
2. Sajjan Singh v. State of Rajasthan (1965): Confirmed Shankari Prasad, but triggered dissenting views on whether fundamental rights could be easily traded away.
3. Golak Nath v. State of Punjab (1967): The Court reversed its view, holding that Fundamental Rights are given a transcendental position and Parliament cannot amend Part III of the Constitution.