Introduction: Understanding Federal Laws in a Global Context

Whether in India or the US, or any democratic country that has federal laws, it is vital to know the role of federal laws in a law-governed world. The central government imposes these laws to provide countrywide guidelines and ensure uniformity in their application across different regions, while still allowing internal states or provinces to maintain their diversity.

But what are federal laws, exactly? A central legislative entity creates these laws, and they apply uniformly across the entire nation. Its legal system is quite different regarding the distribution of authority, jurisdictional power, and enforcers compared to the legal system of the United States because both countries are federal states.

This article will highlight what we refer to as federal laws in India, the significance of the federal laws governing the nation, and deconstruct the federal vs state law, as well as provide some form of comparative analysis of such an approach to the U.S. system. Whether you’re a student, legal practitioner, or simply a concerned citizen, this article will help demystify the legal system in 2025.

What are the Federal Laws in India?

To understand what are federal laws in India, we must begin with the Constitution of India. The Constitution creates a quasi-federal structure, meaning that while India shares certain features with federal states like the U.S., it has a strong unitary bias.

The laws at the federal level made by the Parliament of India (the Union legislature) are referred to as federal laws in India. They have effect in all states and union territories of India, unless otherwise provided. 

Constitutional Provisions:

• Article 245: Grants the power to the Parliament to make laws for the whole or any part of India.
• Article 246: Divides subjects into three categories:
  
  • Union List (exclusive power of Parliament)
  • State List (exclusive power of State Legislatures)
  • Concurrent List (both can legislate, in conflict, federal law prevails)

Key Aspects of Federal Laws in India

The system of government in India is federal, though the word federation does not find an explicit mention in the constitution. In place of this, Article 1 refers to India as a “Union of States”. The Constitution shares the legislative procedures between the center and the states, and there are three categories of areas of legislation addressed. The lists are the Union list, the State list, and the concurrent list.

Here’s a breakdown of the key aspects of federalism in India:

Division of Powers

• Union List: There are those subjects of national interest, such as defense, foreign affairs, currency, and communication, which are assigned to the exclusive purview of the Union (Central) government.
• State List: The State governments have jurisdiction over the subjects of regional and local importance, such as the subjects of public order, police, local government, and agriculture.
• Concurrent List: The concurrent list covers those subjects to be legislated by the Centre and the States, where this is possible, such as criminal law, marriage, and education. The Union law, however, generally dominates in the event of conflict.

Constitutional Features

• Dual Polity: India is characterized by dual polity, where there is the Central government on one hand and the State governments on the other hand.
• Written Constitution: The Indian Constitution is in written form, and this is the basic essential requirement of a federal system.
• Supremacy of the Constitution: The Constitution is the supreme law of the land, and all governmental activities should comply with the provisions of the Constitution.
• Rigid Constitution: The Constitution is rigid, with respect to the fact that there is a procedure to amend the Constitution, and it needs the involvement of both State and Union governments.
• Independent Judiciary: An independent judicial system, headed by the Supreme Court, is essential in the decision-making that occurs when there is a conflict between states and the central government.
• Bicameral Legislature: The Indian parliament has two chambers. The houses of the people (Lok Sabha) and the Council of States (Rajya Sabha), where the interest of the states is represented through the Rajya Sabha.

Quasi-Federal Nature

• Although India has a constitution with a federal character, it presents a certain unitary character as well.
• Other historians refer to India to the extent of having a ” quasi-federal” or a “semi-federal” system because the Constitution has a large centralizing act.
• The Union government has more authority than the state governments in several cases, and some scenarios, the center can step into the activities of the states.

Federal Court of India

• In history, the Federal Court of India was constituted and instituted in 1937 under the time of Government of India Act, 1935.
• It was the only tribunal to determine the conflicts between the Central Government and the Provinces (the current States).
• The High Courts of the Provinces, too, had appeals to the Federal Court, where the issues that concerned the interpretation of the Government of India Act, 1935, were the ones in question.

Federal Indian Law

• The Federal Indian law in America governs relations between the State, the US government, and the Indian groups.
• According to the California Courts, it entails the aspects of real property, law of international jurisdiction, administrative law, and constitutional law.
• According to the Washington Law Help, the Indian Child Welfare Act is a federal legislation that governs how the state courts are to conduct themselves in the custody of Indian children.

Who Enforces Federal Laws in India?

The knowledge of what the federal laws are cannot be complete without a knowledge of who enforces these laws. The implementation of the federal regulations in India is a collective activity of the Central Government, the Judiciary, and the State Police Machinery in India. Although enactments of significant federal laws are represented by Parliament, their practical performance requires the presence of strong institutional mechanisms.

Central Government Agencies

There are different central agencies specialized in the enforcement of various categories of federal laws:

• Central Bureau of Investigation (CBI): Probes, high-profile crimes, corruption, inter-state crime, and other crimes under the Indian Penal Code (IPC) and other national laws.
• Enforcement Directorate (ED): The Enforcement Directorate implements laws related to money laundering, violations of foreign exchange rules, and economic crimes as described in the Prevention of Money Laundering Act (PMLA) and the FEMA.
• Income Tax Department: Enforces the Income Tax Act, which is among the most critical federal legislation in the areas of income and corporate taxes.
• Narcotics Control Bureau (NCB): It deals with drug-related crimes under the central law, the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

Judiciary

As the highest constitutional court, the Supreme Court of India expounds the federal laws and settles the controversies over disputes between federal and state law. High Courts in each state are responsible for upholding these laws within their respective jurisdictions and ensuring they are constitutionally compliant.

State Police and Coordination

Quite interestingly, even though law and order fall within the State List, it is not uncommon to find many of the federal laws, such as the IPC and CrPC, implemented by the state police force. The more serious and politically sensitive matters, however, are handled by the central agencies, usually with the approval of the state.

Through this cooperation arrangement, the federal laws can be consistent throughout India without compromising the federal system and the autonomy of states.

✅ Federal vs State Law in India – Comparison Table

How Federal Laws Are Made in India

In a bid to comprehend what are federal laws it is imperative to examine how they are formed in India. The Indian parliament, comprising two houses, the Lok Sabha (House of the People) and the Rajya Sabha (Council of States), makes federal laws in India. The laws apply to the entire nation and, in most cases, are superior to the opposing state laws.

A Bill introduction

A Bill can be introduced either in the Lok Sabha or in the Rajya Sabha, and the process starts with the introduction of a Bill. When proposed by a Minister, it is known as a Government Bill. When proposed by any other Member of Parliament, as a Private Member. This is the process of introducing the proposed law into the legislative agenda officially.

First Reading

It is at this level that only the title and purposes of the Bill are read out, after which the Bill is published in the Official Gazette. There is no discussion or voting done here. It is a formal introduction, which warns the reader (Parliament and the people) of the pending law.

Second Reading

This is the most elaborate step of the law-making process. It involves consideration of the aim of the Bill and its relevancy, clause-by-clause examination, and delegation to the Standing or Select Committee in case there is a necessity. The committee looks into the Bill and reports on its amendments.

Third reading and passage

The final version of the Bill is a subject of debate, although the major concern is about its overall acceptance or rejection. At this point, the members cannot add any more amendments. If a majority of the members present and voting accept the Bill, they pass it and send it to the other House, which follows the same procedure.

Presidential Assent

When the Bill is passed by both Houses in the same form, it is submitted to the President of India. The President can either assent, refuse assent, or send back a non-money Bill. Once accepted, the Bill then becomes an Act of Parliament- i.e., a federal statute that is valid in India.

Examples of Important Federal Laws in India

In India, the Parliament passes statutes that apply in all states, including the union territories, and these are called federal laws. The governance of India depends vastly on these laws and is the backbone of governance at the national level. The most beautiful way of ensuring someone has an opportunity to see what federal laws are is by examining the landmark and significant federal legislations, because this will paint a clear picture of the role they play in influencing day-to-day living, organizational operations, and also their civil rights.

Some of the most influential federal laws are the following:

Indian Penal Code 1860 (IPC)

Lawmakers drafted the IPC as one of the oldest and most comprehensive sets of criminal laws in the world, defining crimes and prescribing various punishments for offenses such as theft, assault, defamation, murder, and cheating. It is a fundamental federal statute that has a uniform background of operation of the criminal code of the country, irrespective of state borders. Although it is of colonial origin, it is still quite up-to-date and has been revised regularly.

Code of Criminal Procedure, 1973 (CrPC)

Lawmakers designed the CrPC to supplement the IPC by prescribing procedures for criminal trials, from filing FIRs to executing sentences. It is one of the relevant federal regulations that guarantee due process, fair trials, and judicial effectiveness. After modifying the CrPC, the state police operate according to a uniform national code that signifies a high federal coordinated federal-state law.

Companies Act, 2013

This Act governs everything to do with the formation of companies, the management of companies, and the winding up of companies. It requires legal conformity, audit, board governance, and corporate social responsibility (CSR). It is a business-oriented federal law, and all the companies incorporated in Indian jurisdiction must comply with it, thus important to India in terms of the business ecosystem.

Goods and Services Tax (GST) Act, 2017

The GST Act was perhaps one of the most momentous pieces of federal law in recent memory, as it is the one that substituted several indirect taxes imposed by the Centre and states with a single tax regime. It promotes the concept of One Nation One Tax, eases compliance, and eliminates interstate barriers to taxes. GST comes as a real cooperation federalism.

The Right to Information Act (RTI), 2005

The RTI Act grants authority by giving citizens the right to seek and access information held by the authorities in the course of transparency and accountability. Being a significant piece of federal legislation, it pertains to the three levels of government, including the central one, the state, and local governments. It has aided in exposing several frauds and anomalies that have empowered the democracy of India.

The Environment (Protection) Act of 1986

The law came into place in reaction to the Bhopal Gas Tragedy and awarded vast powers to the central government to control industries, emissions, and pollutants. It unifies different environmental regulations and is normally linked with other acts such as the Air and Water Acts. Being a law of the land, it empowers the Centre to implement environmental standards in the entire India.

Digital Personal Data Protection Act of 2023

This is one of the newer acts to the form of laws in India and specifies limitations to the collection of data, which is personal data, by businesses and the government alike in terms of its processing and storage. It seeks harmony between users’ privacy and innovation of the business, making India abreast with such global norms, such as the GDPR in the EU. This federal regulation becomes particularly important in the era of digital government and security against cyberattacks.

Prevention of Money Laundering Act (PMLA), 2002

The Enforcement Directorate (ED) administers this law to fight financial crimes and black money. Authorities often apply it in high-profile cases, making it a central focus of India’s anti-corruption and anti-terror efforts.

Top Federal Civil Rights Laws in India

The Parliament formulates federal legislation in India to protect civil rights and provide equal protection to every citizen. These laws bind all the states and union territories with equal force and anchor the system of constitutional democracy in India. In order to fully know what are federal laws and understand them, one should read those laws that provide power to individuals, particularly in matters of equality, education, non-discrimination, as well as participation in the running of government.

The significant difference between federal and state-based laws, however, is that unlike state-based law, these federal acts supersede any laws and provisions to the contrary in terms of the federal vs state law supremacy principle.

Protection Of civil Rights Act, 1955

Independent India enacted it as one of the earliest federal legislations to implement the constitutional guarantees in Article 17, which abolishes untouchability. It is a crime of caste discrimination and a person should not be denied entry into public places, services, or facilities based on his/her caste. Penalties are there for verbal abuse, social boycotts, or denying service to the Scheduled caste members.

SC/ST (Prevention of Atrocities) Act, 1989

The Parliament enacted this strong federal statute to increase the protection of SCs and STs who face violence, discrimination, and humiliation. It embraces various offences- social exclusion, economic boycott, and physical violence. 

Representation of the People Act, 1951

This is legislation that has made elections free and fair, which is the foundation of democracy. It controls the qualification of voters, defines disqualifications of candidates or candidates, and controls the election procedures. Being a significant federal regulation, it ensures the civil freedom to vote, regardless of state boundaries, and contributes to the preservation of the validity of the Indian democratic procedure.

Right of Children to Free and Compulsory Education (RTE) Act, 2009

RTE Act, being a serious federal law, enacted on the constitutional obligation of Article 21A, is the act that provides free and quality elementary education to all children between the age group of 6-14 years. It determines school building standards, teacher credentials, and non-discrimination. This law achieves educational equity by binding all states, including both rural and urban regions.

Equal Remuneration Act, 1976

This law requires employers to pay individuals equally for equal work, regardless of their gender. It prevents them from discriminating during recruitment and wage distribution. Articles 14 and 16 of the Constitution strengthen this provision by guaranteeing the right to equality. This law serves as another example of how federal justice legislation protects rights in the workplace.

Challenges in Enforcing Federal Laws in India

Although they are the basis of governance of the country, there are difficulties in the enforcement of federal laws in the country. The federal nature of India, having devolution of powers between the Centre and the States, usually creates friction in enforcing significant laws of the federation in the entire nation.

Centre–State Jurisdictional Conflicts

One of them that keeps occurring is the federal vs state law conflict. For example, when Parliament passes central legislation on a topic in the Concurrent List and a state enacts a conflicting law on the same topic, the disagreement—especially between the central and state governments—creates disputes, as seen in cases like the farm laws or education reforms.

Lack of Coordination Between Agencies

Although the central agencies that have the authority and means, such as the CBI, ED, and NCB, to enforce federal laws, they usually require the permission of the states to conduct operations within the states. Political actors or bureaucrats may impede prosecutions, or in some cases, carry them out selectively.

Infrastructural & Human Resource Gaps

Concerned local authorities, including police, schools, and city institutions, must implement numerous vital federal laws, but they may lack the necessary resources or training. It is more so in the rural settlements where the compliance mechanism is poor.

Public Awareness & Misuse

The underreporting of law violations occurs due to low awareness of the citizens regarding what federal laws are and their place in them. People can abuse unclear or poorly worded laws for political purposes or personal gain.

Why Understanding Federal Laws Matters

Interpretation of federal laws is not only relevant amongst lawyers or policy makers, but also the ordinary citizens. There is almost no sphere of life to which these laws do not interfere: education, health, privacy, taxes, and justice.

• Empowerment: By being aware of your rights under an act such as the RTI Act or SC/ST Atrocities Act, you can also demand transparency and justice.
• Compliance: Companies and individuals should abide by the primary laws, such as the GST, IT Act, and labour codes, without any penalties.
• Civic Participation: Informed citizens can better judge governments, challenge policy choices, and defend their liberties.

Although there are issues of enforcement, a level of awareness and civic participation would make federal laws work as intended, for national equity, justice, and governance.

Case Study: Implementation of the Goods and Services Tax (GST) Act, 2017

Background:

The Indian Parliament enacted the Goods and Services Tax (GST) as a major federal legislation to replace an intricate network of state-based taxes with a single, unified system of indirect taxation imposed across the entire nation.

Before GST, every state had a different set of taxes, such as VAT, entertainment tax, entry tax, etc, that caused a cascading effect of tax and restriction to interstate differences in trading. The government introduced GST as one of the steps to reinforce cooperative federalism in India.

Federal vs State Law Tramont:

First, a number of states were not willing to surrender their rights to tax. States such as Tamil Nadu and West Bengal worried that they were losing out in terms of revenue and were losing control of taxation to the Centre.

The Parliament enacted the Constitution (101st Amendment) Act, 2016, to empower itself to make the GST law, marking a major step in creating federal laws that take precedence over state laws. It also established the GST Council, comprising both central and state representatives, to make joint decisions.

Legal Challenge:

In 2022, the Supreme Court of India in the case of Mohit Minerals Pvt. Ltd. v. Union of India settled the matter of Centre vs State under GST powers. This was because the court found out that GST is a federal law, yet the recommendations given by the GST Council are not binding, and as such, the balance between the Centre and State in the Constitution remains unhindered.

The Supreme Court upheld the federal system by declaring that both the Parliament and the State Legislatures can make legislation on GST since it falls under the Concurrent List.

Impact:

The case highlighted both the relevance of federal laws like GST, which lawmakers created to apply equally across the nation, and the reality that these federal laws in India still often fail to respect the principles of state autonomy. The judicial involvement in this case emphasised the necessity of working with each other and to accord with the two orders of government.

Comparison with the U.S. Federal System

Conclusion

At this point, you should not only understand the basic question of what are federal laws, but also recognize why they are important, how lawmakers establish them, how they differ from or align with state laws, and which federal laws play a crucial role in India and across the world.

Understanding Federal Laws is more than a legal exercise. It’s a step toward active, informed citizenship. You might be voting, owning a business, being a government employee, or operating a household, but Federal Laws influence your rights and obligations daily.

References:

• https://cdn.visionias.in/value_added_material/7827f-federalism.pdf
• https://tripakshalitigation.com/the-concept-of-federal-law-in-india
• https://byjus.com/free-ias-prep/federalism/
• https://en.wikipedia.org/wiki/Federalism_in_India
• https://blog.ipleaders.in/what-is-federalism/