2. Federalism
Introduction to Federalism
This section introduces the foundational concept of federalism as a system
of governance. In board examinations, understanding the structural definition
and the scope of the chapter is essential for writing well-organized answers.
Defining Federalism
Federalism is a system of government where power is divided between a
central authority and various constituent units of the country. It is a vertical
division of power, distinguishing it from horizontal power-sharing (where
power is shared among organs like the legislature, executive, and judiciary at
the same level).
Key Sub-concepts
- Vertical Division of
Power:
- This is the hallmark of modern democratic
power-sharing.
- It involves at least two (or more) levels of
government.
- It ensures that decision-making authority is not
concentrated in one hand, promoting stability and local representation.
- The Federal Framework:
- Theory vs. Practice: The study of federalism
involves two aspects: the constitutional legal framework (what is
written) and the actual political practice (how it works in reality).
- Constitutional Provisions: These provide the legal
backing for federalism, clearly outlining the roles, responsibilities,
and limitations of the central and state governments.
- Policies and Politics: These refer to the
socio-political dynamics, such as coalition governments or regional
movements, that shape how federalism is practiced in India.
- The Third Tier:
- Indian federalism is unique because it explicitly
recognizes Local Government (Panchayats and Municipalities) as a
formal, third tier of the system.
Defining Federalism and its Key Features
This section is fundamental to understanding the structural design of
democratic nations. It distinguishes between Unitary and Federal
systems and details the essential features that define a true federation.
1. Conceptual Framework: Unitary vs. Federal
- Unitary System: A system where there is
only one level of government, or the sub-units are subordinate to the
central government. The center can pass orders to lower levels. (Example: Sri
Lanka)
- Federal System: A system where power is
divided between a central authority and constituent units
(States/Provinces).
- Autonomy: Both levels enjoy power independent of the
other.
- Accountability: Both governments are separately answerable
to the people, not to each other.
- Constraint: The central government cannot unilaterally
order the state government to act.
2. Seven Key Features of Federalism
To ensure you hit all points in a board exam, memorize these seven pillars:
- Multiple Tiers: Two or more levels (or
tiers) of government.
- Separate Jurisdiction: Each tier has its own
jurisdiction in legislation, taxation, and administration for the same
citizens.
- Constitutional Guarantee: The existence and
authority of each tier are constitutionally guaranteed.
- Rigidity: Fundamental provisions
of the constitution cannot be changed unilaterally by one level; it
requires the consent of both.
- Role of Courts: Courts interpret the
constitution. The highest court acts as an umpire if disputes arise
between tiers.
- Financial Autonomy: Sources of revenue for
each level are specified to ensure financial independence.
- Dual Objectives: To safeguard and
promote the unity of the country while simultaneously accommodating
regional diversity.
3. Routes to Federation: "Coming
Together" vs. "Holding Together"
This is a classic comparative concept often asked in exams.
|
Feature |
Coming Together Federation |
Holding Together Federation |
|
Process |
Independent States pool sovereignty to form a bigger unit. |
A large country decides to divide its power between states and center. |
|
Motivation |
Increase security by pooling sovereignty. |
Accommodate diversity within a large nation. |
|
Power Balance |
States are usually strong and have equal power. |
Center tends to be more powerful; units often have unequal/special
powers. |
|
Examples |
USA, Switzerland, Australia |
India, Spain, Belgium |
What Makes India a Federal Country?
This section explores how India, despite its vast diversity and complex
history of partition and princely states, adopted the principles of federalism
to maintain unity.
1. Constitutional Foundation
- "Union of
States": While the Indian Constitution does not explicitly
use the word "federation," it is structured on federal
principles. It declares India a "Union of States."
- Evolution of Tiers: Initially, the
Constitution established a two-tier system (Union/Central
Government and State Governments). Later, a third tier was added
through Panchayats and Municipalities.
2. The Three-Fold Distribution of Legislative
Powers
To prevent conflict and define jurisdiction, the Constitution provides
three specific lists:
|
List |
Jurisdiction |
Subject Matter |
Key Rule |
|
Union List |
Union Government |
National importance (e.g., Defence, Foreign Affairs, Banking, Currency) |
Need for uniform policy throughout the country. |
|
State List |
State Governments |
State/Local importance (e.g., Police, Trade, Agriculture, Irrigation) |
Exclusive law-making power. |
|
Concurrent List |
Both Union & State |
Common interest (e.g., Education, Forest, Trade Unions, Marriage) |
Union Law prevails if there is a conflict. |
- Residuary Subjects: Subjects that emerged
after the Constitution was drafted (e.g., computer software) or those not
mentioned in any list. The Union Government has the authority to
legislate on these.
3. Asymmetric Federalism: Unequal Powers
Unlike "Coming Together" federations where states have equal
power, India’s "Holding Together" model grants different levels of
authority:
- Special Status (Article
371): States like Assam, Nagaland, Arunachal Pradesh, and
Mizoram have special powers due to peculiar social/historical
circumstances. This protects indigenous land rights, culture, and provides
preferential employment.
- Union Territories (UTs): Areas too small to be
independent states and difficult to merge with existing ones (e.g.,
Chandigarh, Lakshadweep, Delhi). They lack the powers of a state; the Central
Government has special powers to administer them.
4. Safeguarding the Structure
The power-sharing arrangement is considered "basic" to the
Constitution, ensuring it cannot be altered easily:
- Rigid Amendment Process: Changes require:
- A two-thirds majority in both Houses of
Parliament.
- Ratification by the legislatures of at least half of
the total States.
- Role of Judiciary: The Supreme Court and
High Courts act as the final authority to resolve disputes regarding the
division of powers.
- Financial Power: Both levels of
government have independent rights to levy taxes and raise resources to
carry out their assigned responsibilities.
How is Federalism Practised in India?
While the
Constitution provides the framework, the actual success of Indian federalism
depends on the nature of
democratic politics. The practice of federalism is defined by how we handle
linguistic diversity, language policy, and the evolution of Centre-State
relations.
1. Linguistic
States: The First Test
·
Purpose: In 1947, the map of India was
redrawn to create states based on the language spoken by the people.
·
Other
Bases: Some states
were formed to recognize differences in culture, ethnicity, or geography (e.g., Nagaland,
Uttarakhand, Jharkhand).
·
Outcome: Despite initial fears of national
disintegration, the creation of linguistic states made the country more united and administration easier.
2. Language
Policy: Accommodating Diversity
·
No
National Language:
The Constitution did not grant "National Language" status to any
single language.
·
Official
Language: Hindi was identified as the
official language, but it is the mother tongue of only about 44% of the
population.
·
Scheduled
Languages: To
safeguard diversity, the Constitution recognizes 22 languages as Scheduled Languages.
o Candidates can take Central
Government exams in any of these languages.
o States have their own official languages
for administration.
·
Flexible
Approach: The
Central Government avoided imposing Hindi on non-Hindi speaking states. The
demand for the continuation of English for official purposes (especially by
non-Hindi states like Tamil Nadu) was accepted, demonstrating a flexible and
cautious approach to avoid conflicts.
3. Centre-State
Relations: The Shift in Power
·
The
"One-Party" Era:
For a long time, the same party ruled at the Centre and in most States. During
this period, the Centre often misused its power to dismiss State governments
controlled by rival parties, undermining the federal spirit.
·
The
Post-1990 Era (Coalition Era):
o Rise of Regional Parties: National parties could no longer
win a majority alone.
o Coalition Governments: Major national parties were forced
to enter alliances with regional parties to form a government at the Centre.
o New Culture of Power-Sharing: This forced the Centre to respect
the autonomy of State governments.
·
Judicial
Protection: A
significant Supreme Court judgment made it difficult for the Central Government
to dismiss State governments arbitrarily. This solidified federalism, making it
more effective today than in the past.
4. Linguistic Diversity (Data Insights)
·
Census
2011: Recorded over
1300 distinct languages, which were grouped into 121 major languages.
·
Eighth
Schedule: Contains
the 22 "Scheduled Languages."
·
Key
Takeaway: No single
language is the mother tongue of the majority of Indians. Even Hindi, the most
spoken language, is the mother tongue of less than 50% of the population, even
when including second/third language speakers. This confirms that India is one
of the most linguistically diverse countries in the world.
Decentralisation in India
This
section details the rationale for the third tier of government, the 1992
constitutional amendments that empowered it, and the structure of local
self-government in both rural and urban areas.
1. The Rationale for Decentralisation
·
The
Problem of Scale:
India is vast; many states are larger than European countries in both
population and area (e.g., UP is larger than Russia, Maharashtra is comparable
to Germany).
·
Efficiency: Local problems are best settled at
the local level. Citizens have better knowledge of their own needs, priorities,
and efficient ways to manage resources.
·
Democratic
Participation:
Decentralisation promotes direct
participation in decision-making, cultivating a habit of democratic
engagement and realizing the ideal of local self-government.
2. The 1992 Constitutional Amendment: A
Turning Point
Before
1992, local bodies existed but were ineffective, lacked resources, and were not
held with regularity. The 1992 amendment made the third tier powerful and
effective:
·
Regular
Elections:
Mandatory to hold elections to local government bodies.
·
Reservation: Seats reserved for SC, ST, and
OBCs; at least one-third
of all positions are reserved for women.
·
State Election
Commission: An
independent body created in each state to conduct these elections.
·
Power/Revenue
Sharing: State
governments are mandated to share powers and revenue with local bodies.
3. Structure of Local Government
Rural Local Government (Panchayati Raj)
·
Gram
Panchayat: The
decision-making body for a village/group of villages. Consists of panch (ward members) and a
sarpanch (president),
directly elected by the village/ward population.
·
Gram
Sabha: The
oversight body consisting of all voters in the village. It meets at least
twice/thrice a year to approve the budget and review performance.
·
Panchayat
Samiti / Mandal / Block:
A group of Gram Panchayats. Members are elected by all Panchayat members in that
area.
·
Zilla
Parishad: The
district-level body formed by all Panchayat Samitis in the district. Mostly
elected, it also includes Lok Sabha MPs, MLAs, and district officials. The Zilla Parishad Chairperson
is the political head.
Urban Local Government
·
Municipalities: Set up in smaller towns.
·
Municipal
Corporations: Set
up in large cities.
·
Governance: Both are controlled by elected
bodies.
o Municipality:
Political head is the Municipal
Chairperson.
o Municipal Corporation: Political head is the Mayor.
4. Achievements and Challenges
·
Achievements:
o Largest democratic experiment
globally with roughly 36
lakh elected representatives.
o Deepened democracy and significantly
increased the voice and representation of women.
·
Challenges:
o Gram Sabhas are not held regularly.
o State governments have often failed
to transfer significant power or adequate financial resources to local bodies.
o Realization of the ideal of
self-government remains a work in progress.
5. Comparative Global Perspective:
Participative Democracy
·
Porto Alegre
(Brazil): A model
of decentralisation where citizens participate directly in creating the
municipal budget.
·
Impact: This ensures equitable resource
distribution (e.g., better services in poor colonies, protection against unfair
eviction).
·
Kerala
(India): Similar
experiments have been conducted where ordinary citizens have participated in
developing plans for their local areas.
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Exercises
1. Locate the following States on a blank outline political map of India:
- Manipur: Located in the
Northeast.
- Sikkim: Located between Nepal
and Bhutan.
- Chhattisgarh: Located in Central
India.
- Goa: Located on the West
Coast.
2. Identify and shade three federal countries (other than India) on a blank
outline political map of the world:
- You can choose from: USA,
Canada, Australia, Germany, Russia, or Switzerland.
3. Point out one feature in the practice of federalism in India that is
similar to and one feature that is different from that of Belgium:
- Similar: Both are "holding
together" federations where the Constitution distributes power
between the Centre and the States to accommodate regional diversity.
PDF
- Different: In India, the Union
government is significantly more powerful than the State governments, and
the central government can even change boundaries, whereas, in Belgium,
regional governments were given constitutional powers in 1993 that were no
longer dependent on the central government.
4. What is the main difference between a federal form of government and a
unitary one?
- In a federal system,
power is divided between a central authority and constituent units
(states), and both levels are independently answerable to the people.
- In a unitary system,
there is only one level of government, or sub-units are subordinate to the
central government, which can pass orders to them.
- Example: India is federal; Sri
Lanka is unitary.
5. State any two differences between the local government before and after
the 1992 Amendment:
- Elections: Before 1992, elections
to local government bodies were not held regularly; now, it is
constitutionally mandatory.
- Powers/Resources: Before 1992, local
governments did not have independent powers or resources; now, State
governments are required to share some powers and revenue.
6. Fill in the blanks: Since the United States is a "coming together" type of
federation, all the constituent States have equal powers and States are strong
vis-à-vis the federal government. But India is a "holding together"
type of federation and some States have more power than others. In India, the Central
(or Union) government has more powers.
7. Language Policy reactions:
- Sangeeta (Stronger
Unity): Argument: India's flexible approach helped
avoid the conflict and disintegration seen in other countries. Example:
Retaining English as an official language alongside Hindi prevented
violent conflicts in non-Hindi speaking states.
8. Distinguishing feature of a federal government is:
(d) Governmental power is divided between different levels of government.
9. Grouping Subjects:
|
Union List |
State List |
Concurrent List |
|
Defence, Banking, Communications |
Police, Agriculture, Trade |
Education, Forests, Marriages |
10. Incorrectly matched pair:
(d) Local governments — Residuary powers. (Residuary powers belong to the Union Government
in India, not local governments )
11. Match List I with List II:
- Union of India — A. Prime Minister
- State — C. Governor
- Municipal Corporation — D. Mayor
- Gram Panchayat — B. Sarpanch
12. Correct statements:
(c) A and B only (Statement C is incorrect because Sri Lanka is unitary; D is incorrect
because devolving power to local bodies deepens democracy, it does not stop
India from being a federation )
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