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September 18, 2025Global Constitutionalism0 citationsOpen Access

The quasi-federal constitution? Taxonomical influences on interpretation of federalism in India

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NSNidhi Sharma

Key Points

  • The paper argues that while India is termed as a quasi-federal state, it faces centralization issues that reflect in its governance structure.
  • Comparative assessments of federal semantics across various countries reveal that labeling is crucial in shaping federal dynamics, particularly in India.
  • The research highlights the implications of a non-federal vocabulary in the Indian Constitution, enabling the Union government to centralize power.
  • Legal and political intents behind the omission of 'federal' in the Indian Constitution are examined to understand their impact on federal features.

Abstract

Abstract Designating India as a ‘Union of States’ under Article 1, the Constitution of India does not adhere to a federal vocabulary. The perusal of the Constituent Assembly Debates establishes this verbiage to be a deliberate choice. Scholars such as Prof. Wheare (1963) have classified the Indian Federalism as ‘quasi-federal’, which remains a part of constitutional vocabulary to date. This scholarship undertakes an assessment of federal semantics and taxonomical choices under the Constitutions of the USA, Australia, Switzerland, Brazil and Canada, juxtaposing them with the ‘quasi-federal’ model of the Indian Constitution. Challenging rigid categorizations, the paper argues that the constitutions identified as ‘federal’ have also depicted centralizing tendencies in their working. Examining the legal and political intent behind the omission of ‘federal’ and its anti-federal fallouts, the scholarship explores that the lack of a uniform federal vocabulary and mis-categorization has allowed the Union government and the judiciary to reinforce the centralization of power that shapes the federal discourse, while sporadically identifying the federal features in the Indian Constitution.

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Cite This Study

Nidhi Sharma (2025) studied this question.

synapsesocial.com/papers/68d462ca31b076d99fa622f6https://doi.org/10.1017/s2045381725100117
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