The Constitution of India which came into force on 26 January, 1950, has federal features though it does not in fact claim that it establishes a federal union. The main federal features of the Indian Constitution are as follows:
1. Written Constitution: The most important feature of a federation is that its constitution should be a written one, so that both the Union and the states can refer to that as and when needed. The Constitution of India is a written document and is the most elaborate constitution of the world.
2. Division of Powers: There are three lists in our constitution:
1. Union List.
2. State List. and
3. Concurrent List.
97 subjects which are of national importance are given in the Union List, 66 subjects of local importance are given in State List and 47 subjects are given in the Concurrent List. On the subjects given in Concurrent List, both the Centre and the State can make laws but the law made by Centre would be effective in the situation of conflict.
The residuary powers in India are given to the Centre.
3. Independent Judiciary: The most important feature of a federation is an independent judiciary to interpret the Constituion and to maintain its sanctity. The Supreme Court of India has the original jurisdiction to settle disputes between the Union and the States. It does not allow the Union and the state governments to violate the Constitution.
4. Appointment of the Governors of States by the President: In India all the Governors of the States are appointed by the President of India and they can hold office during the pleasure of the President.
5. Supremacy of the Constitution: The constitution is supreme and neither Centre nor the state governments can violate the Constitution.