Federalism in India

Federalism (Class 10)

Federalism is a system of government where power is divided between a central government and constituent political units (like states or provinces). This ensures that power is not concentrated in one place, allowing for regional diversity and effective governance.

What Is Federalism? (Class 10)

Federalism is a political system in which the power to govern is shared between two or more levels of government. Typically, there is a central government (national government) that handles matters of common interest to the entire country, and regional governments (state or provincial governments) that manage their own affairs. Key characteristics of federalism include:

• Division of Powers: The Constitution clearly outlines the powers and responsibilities of both the central and regional governments.
• Supremacy of the Constitution: The Constitution is the supreme law, and all levels of government must operate within its framework.
• Written Constitution: Federal systems usually have a written constitution that is rigid and difficult to amend unilaterally.
• Independent Judiciary: An independent judiciary interprets the Constitution and resolves disputes between different levels of government.
• Dual Government: There are two levels of government, each with its own distinct powers.

Federalism is contrasted with unitary systems, where all power is concentrated in the central government, and regional governments have only the powers delegated to them by the center.

What Makes India A Federal Country?

India is considered a federal country because its Constitution establishes a system of dual government with a clear division of powers between the Union (Central) Government and the State Governments. Several features of the Indian Constitution confirm its federal nature:

• Two Governments: The Constitution establishes a dual government, with the Union Government at the Centre and the State Governments in the states.
• Division of Powers: Powers are divided between the Union Government and the State Governments through the Union List, State List, and Concurrent List in the Seventh Schedule of the Constitution.
  • Union List: Contains subjects of national importance (e.g., defence, foreign affairs, railways, banking), on which only the Union Parliament can make laws.
  • State List: Contains subjects of regional and local importance (e.g., police, public health, agriculture, trade), on which the State Legislatures can primarily make laws.
  • Concurrent List: Contains subjects on which both the Union and State Governments can make laws (e.g., education, forests, marriage and divorce). In case of a conflict, the Union law prevails.
• Supremacy of the Constitution: The Constitution is supreme, and all governments derive their authority from it.
• Written Constitution: India has a detailed written Constitution that lays down the framework of government.
• Rigidity of the Constitution: The amendment process for key federal provisions requires the consent of at least half of the state legislatures, reflecting a degree of rigidity.
• Independent Judiciary: The Supreme Court acts as the final interpreter of the Constitution and the arbiter of disputes between the Centre and the states, or between states.
• Bicameralism: The Rajya Sabha (Council of States) represents the states in the Union Parliament, providing a voice to the states in national legislative matters.

However, it's important to note that India also has features of a unitary system, such as a strong central government, single citizenship, and the power of the Centre to alter state boundaries or create new states. Therefore, India is often described as a 'quasi-federal' or 'federal country with a strong central bias'.

How Is Federalism Practised?

Federalism in India is not just a matter of constitutional design but is also shaped by political practices and historical developments. The practice of federalism in India can be understood through the following aspects:

Linguistic States

The reorganization of states on a linguistic basis was a significant step in practicing federalism. After India's independence, the demand for states to be carved out based on shared language and culture grew. The creation of states like Andhra Pradesh (for Telugu speakers) in 1953, followed by the reorganization of many other states on linguistic lines, acknowledged the importance of regional identities and helped in strengthening federalism by giving greater autonomy and representation to linguistic groups.

Language Policy

The language policy in India reflects a federal approach by recognizing the diversity of languages spoken across the country. While Hindi was recognized as the official language of the Union, the Constitution also recognized 22 scheduled languages. States are free to adopt their own regional language as the official language for administration and education within the state. This policy attempts to balance the need for a common language for national communication with respect for regional linguistic identities.

Centre-State Relations

Centre-state relations are a crucial aspect of how federalism is practiced. These relations can be categorized into:

• Legislative Relations: The division of legislative powers through the Union, State, and Concurrent Lists. The Union Parliament's power to legislate on matters in the Concurrent List and during emergencies gives it a dominant position.
• Administrative Relations: The Constitution outlines provisions for cooperation and coordination between the Centre and states. The Centre can give directions to states on certain matters, and states must ensure their executive actions do not impede the exercise of the Centre's executive power.
• Financial Relations: The distribution of financial resources and powers between the Centre and states is a complex area. The Centre has more revenue-raising powers, while states depend on grants and shared taxes from the Centre. The Finance Commission plays a key role in recommending the distribution of central taxes to states.

Historically, the dynamics of Centre-state relations have evolved. During periods of single-party dominance at the Centre, relations were often smoother. However, with the rise of regional parties and coalition governments, states have increasingly demanded greater autonomy and a fairer share of resources, leading to more assertive state governments and evolving Centre-state dynamics.

Decentralisation In India

Decentralisation refers to the transfer of power and authority from the central government to lower levels of government, such as state or local governments. In India, decentralisation is a key aspect of its federal structure, aimed at strengthening democracy by bringing governance closer to the people.

Reasons for Decentralisation in India:

• Better Administration: Local governments are better equipped to understand and address the specific needs and problems of their communities.
• Democratic Participation: It allows for greater citizen participation in decision-making processes.
• Efficient Resource Allocation: Local bodies can manage resources more effectively based on local priorities.
• Reducing Burden on Central Government: It helps in relieving the central government from the overwhelming task of managing all aspects of governance.

Key Steps Towards Decentralisation:

• Panchayati Raj Institutions (PRIs): The 73rd Constitutional Amendment Act of 1992 gave constitutional status to Panchayats (village-level local self-governments). It mandated the creation of a three-tier system (Gram Panchayat, Mandal/Block Panchayat, Zilla Parishad) with elected bodies, assigned powers and responsibilities, and mandated the establishment of State Election Commissions and State Finance Commissions.
• Urban Local Bodies: The 74th Constitutional Amendment Act of 1992 provided constitutional status to Municipalities, Nagar Panchayats, Municipal Councils, and Municipal Corporations, outlining their powers and functions.

These amendments have been crucial in deepening democracy in India by empowering local self-governments and making governance more participatory and accountable.

Federalism (Class 11)

Federalism is a form of government that facilitates power-sharing between a central (national) government and constituent political units (states or provinces). It is designed to balance national unity with regional diversity, ensuring that the concerns of different regions are addressed while maintaining the integrity of the nation.

Key features of federalism include:

• A written constitution
• Division of powers between the centre and the states
• Supremacy of the constitution
• An independent judiciary
• Bicameral legislature

Federal systems aim to prevent the concentration of power and allow for diverse forms of governance across different regions.

What Is Federalism? (Class 11)

Federalism is a system of government characterized by the constitutional division of powers between a central government and regional governments (states or provinces). In a federal system, both the central and regional governments derive their authority directly from the Constitution and are sovereign within their respective spheres of jurisdiction.

Key Principles of Federalism:

• Constitutional Division of Powers: A fundamental aspect is the clear demarcation of powers and responsibilities between the central and regional governments through a written constitution.
• Supremacy of the Constitution: The Constitution is the supreme law of the land, and all governmental authorities, including the central and regional governments, are bound by it.
• Dual Government: There exists a dual government system, with a central government responsible for matters of national concern and regional governments managing local affairs.
• Independent Judiciary: An independent judiciary plays a crucial role in interpreting the Constitution and resolving disputes between the central and regional governments.
• Bicameralism: Federal systems often feature a bicameral legislature, where one house represents the people and the other represents the constituent units (states).

Federalism is adopted to accommodate regional differences, promote diversity, and ensure that the central government is not overly powerful, thereby safeguarding democratic principles.

Federalism In The Indian Constitution

The Indian Constitution establishes a federal system, though it is often described as having a strong central bias or being 'quasi-federal'. This structure was adopted to foster national unity while respecting the linguistic and cultural diversity of the country.

Division Of Powers

The division of powers between the Union Government and the State Governments is clearly laid out in the Seventh Schedule of the Constitution, which contains three lists:

1. Union List: Contains 97 subjects of national importance. The Union Parliament has exclusive power to legislate on these subjects. Examples include defence, foreign affairs, currency, banking, railways, telecommunications, etc.
2. State List: Contains 61 subjects of regional and local importance. The State Legislatures have the power to legislate on these subjects. Examples include police, public order, public health, sanitation, agriculture, forests, trade and commerce within the state, etc.
3. Concurrent List: Contains 52 subjects on which both the Union Parliament and State Legislatures can make laws. Examples include education, forests, marriage and divorce, trademarks, economic and social planning, etc. In case of a conflict between Union and State laws on a subject in the Concurrent List, the law made by Parliament shall prevail, except in certain circumstances where the State law is reserved for the President's consideration and receives his assent.

In addition to these lists, any matter not enumerated in any of the three lists is vested in the Union Parliament as **residuary powers**.

Federalism With A Strong Central Government

While the Indian Constitution establishes a federal system with a division of powers, it is characterized by features that grant significant strength and authority to the Central Government. This 'federalism with a strong central government' or 'quasi-federalism' approach was adopted to address the challenges of national integration and development in a diverse country.

Features contributing to a strong central government include:

• Residuary Powers: The Union Parliament retains the power to legislate on subjects not enumerated in the State or Concurrent Lists.
• Dominance in Concurrent List: In cases of conflict on Concurrent List subjects, Union laws generally prevail.
• Parliament's Power to Reorganize States: The Union Parliament can alter the boundaries of states or create new states by a simple majority, without the consent of the affected state legislature being binding.
• Emergency Provisions: Articles 352 (National Emergency), 356 (President's Rule in States), and 360 (Financial Emergency) allow the Central Government to override state powers and assume direct control during emergencies, suspending the federal character of governance.
• Appointment of Governors: Governors, who are the constitutional heads of states, are appointed by the President (on the advice of the Central Government) and hold office during the pleasure of the President. This power can be used by the Centre to influence state politics.
• Single Integrated Judiciary: Unlike many federal systems with separate state court systems, India has a single, integrated hierarchy of courts, with the Supreme Court at the apex.
• Single Citizenship: Indians are citizens of India, not of individual states, fostering a sense of national unity.
• All-India Services: Services like the IAS and IPS are recruited on an all-India basis, serving both the Centre and the states, thus reinforcing central control and uniformity.
• Financial Dependence: States often rely heavily on financial assistance and grants from the Central Government, which can give the Centre leverage.

This strong central bias was intended to ensure national unity, integrity, and uniform development across the country, particularly in the initial years after independence.

Conflicts In India’s Federal System

Despite its federal structure, India's federal system has witnessed several areas of conflict and tension between the Union Government and the State Governments. These conflicts often arise from the division of powers, financial arrangements, and political divergences.

Centre-state Relations

This is a broad category encompassing disagreements over the interpretation and implementation of the division of powers. Conflicts can arise when:

• The Centre legislates on matters in the Concurrent List, and states feel their autonomy is encroached upon.
• The Centre imposes its views on states regarding development projects or policies.
• Disputes occur over the distribution of financial resources and grants.

Demands For Autonomy

Various states and regions within states have voiced demands for greater autonomy from the Central Government. These demands are often rooted in:

• Perceived neglect of regional economic interests.
• Desire for greater control over local resources (e.g., minerals, water).
• Assertion of regional cultural or political identities.
• Discontent over central policies perceived as being imposed on the states.

Role Of Governors And President’s Rule

The appointment of Governors by the President and their role as agents of the Central Government in the states have often been contentious. Governors have been accused of acting in a partisan manner, particularly in cases of:

• Recommending President's Rule (Article 356) in states, sometimes alleged to be politically motivated to dismiss state governments not aligned with the Centre.
• Discretion in inviting parties to form governments after elections, especially in hung assemblies.
• Giving assent to bills passed by state legislatures.

The Supreme Court, in the Bommai case (1994), laid down guidelines for the imposition of President's Rule, restricting the arbitrary use of Article 356.

Demands For New States

Throughout India's history, there have been numerous demands for the creation of new states based on linguistic, ethnic, cultural, or developmental disparities. Examples include the creation of Telangana, Uttarakhand, and Jharkhand. These demands often lead to political conflicts and debates about regional development and identity.

Interstate Conflicts

Federalism also involves managing disputes between different states. These often relate to:

• River Water Disputes: Sharing of river waters is a persistent source of conflict (e.g., Cauvery water dispute between Karnataka and Tamil Nadu).
• Border Disputes: Demarcation of inter-state boundaries has led to conflicts (e.g., Maharashtra-Karnataka border dispute).
• Economic Competition: States may compete for industries, investments, or market share, sometimes leading to friction.

These conflicts highlight the complexities of managing a vast and diverse federal nation.

Special Provisions

The Indian Constitution contains special provisions for certain states, recognizing their unique historical, social, and cultural circumstances. These provisions aim to provide these states with a degree of autonomy and special rights to address their specific needs and challenges, while still maintaining national integration.

Jammu And Kashmir

Historically, Jammu and Kashmir enjoyed a special status under Article 370 of the Constitution, which granted it a degree of autonomy. However, by a Presidential Order in August 2019, Article 370 was effectively abrogated, and the state of Jammu and Kashmir was reorganized into two Union Territories: Jammu and Kashmir, and Ladakh.

Prior to the abrogation of Article 370:

• Jammu and Kashmir had its own Constitution.
• Only defence, foreign affairs, communications, and incidental matters were under the jurisdiction of the Union Government, as specified in the Instrument of Accession.
• Other provisions of the Indian Constitution could be applied to the state only with the concurrence of the state government.
• The state had its own separate flag and its own citizenship.

After the abrogation of Article 370 and reorganization:

• Jammu and Kashmir became a Union Territory with a legislature.
• Ladakh became a Union Territory without a legislature.
• All provisions of the Indian Constitution are now applicable to these Union Territories.
• The special provisions that gave Jammu and Kashmir distinct constitutional status were removed.

This move significantly altered the federal structure concerning the former state of Jammu and Kashmir and remains a significant aspect of India's federal landscape.