The main characteristic of a federal constitution is the distribution of powers between the general and the regional governments. According to Prof. Wheare the federal principle means “the method of dividing powers so that the general and the regional governments are each within a sphere, coordinate and independent.” This means that there should be autonomy for the constituents units. The Indian constitution contains an elaborate scheme of distribution of powers.[1] The distribution of powers is an essential feature of federalism. The object for which a federal state is formed involves a division or authority between the National Government and tendency of federalism to limit on every side the action of the Government and to split up the strength of the State among co-ordinate and independent authorities is especially noticeable, because it forms the essential distinction between a federal system and a unitary system of Government. A Constitution establishes the dual polity with the Union at the Centre and States at a periphery each endowed with sovereign powers to be exercised in the field assigned to them respectively by the Constitution. The one is not subordinate to the other in its own field, the authority of one is co-ordinate with that of the other. In fact, the basic principle of federalism is that the legislative, executive and financial authority is divided between the Centre State not by any law passed by the Centre but by Constitution itself. This is what Indian Constitution does.[2]
CENTRE-STATE LEGISLATIVE RELATIONS
A federal system postulates a distribution of powers between the Centre and States. The nature of distribution varies according to the local and political background in each country. In America, the Sovereign States which were keen to federate, did not like complete subordination to the Central Government hence they believed in entrusting subjects of common interest to the Central Government, while retaining the rest with them. Thus American Constitution only enumerates the powers of the Central Government and leaving the residuary power to the States Australia followed the American pattern of only one enumeration powers, i.e. of Central Government leaving the residuary powers to the States because their problems were similar to the Americans. In Canada there is double enumeration, Federal and Provincial leaving the residue for the Centre. The Canadians were conscious of the unfortunate happenings in U. S. A. culminating in Civil War of 1891. They were aware of the shortcomings of the weak Centre. Hence, they opted for a strong Centre. Our Constitution-makers followed the Canadian scheme obviously opting for a strong Centre.