Federalism

• What is Federalism?
  • Definition: System of government with power divided between a central authority and constituent units.
  • Two Key Levels of Government:
    • Union Government (Central/National)
    • State Government (Provincial/Regional)
  • Comparison with Unitary System:
    • Federal: States have independent constitutional powers.
    • Unitary: Sub-units subordinate to the center; center can pass orders to provinces.
• Key Features of Federalism
  • Two or more levels of government.
  • Same citizens governed by different levels, each with distinct jurisdiction.
  • Jurisdictions specified in the Constitution (guarantees authority).
  • Fundamental provisions cannot be changed unilaterally; consent of both levels required.
  • Courts interpret the constitution and powers of levels; acts as an umpire in disputes.
  • Dual objectives: Safeguard/promote unity + accommodate regional diversity.
• Routes to Federalism
  • Holding Together Federation:
    • Large country decides to divide power between states and national center.
    • Center tends to be more powerful.
    • Examples: India, Belgium, Spain.
  • Coming Together Federation:
    • Independent states come together to form a bigger unit for security and identity.
    • States usually have equal power and are strong vis-à-vis federal center.
    • Examples: USA, Switzerland, Australia.
• What makes India a Federal Country?
  • Indian Constitution provides a three-fold distribution of legislative powers:
    • Union List: Subjects of national importance (Defense, Foreign Affairs, Banking, Currency). Only Union makes laws.
    • State List: Subjects of state/local importance (Police, Trade, Commerce, Agriculture, Irrigation). Only States make laws.
    • Concurrent List: Subjects of common interest (Education, Forest, Trade unions, Marriage). Both Union and State can make laws; Union law prevails in conflict.
    • Residuary Subjects: Matters not in any list (e.g., Computer software); under Union Government as per Constitution.
  • Asymmetry of Power: Special status for certain states (e.g., Article 370 historically, special provisions for North-Eastern states like Nagaland, Mizoram).
  • Union Territories (UTs): Areas too small to become independent states, directly ruled by the Union Government (e.g., Lakshadweep, Delhi).
• How is Federalism Practiced in India?
  • Constitutional provisions are necessary, but actual success depends on democratic politics.
  • Linguistic States:
    • Boundaries of old states changed to create new ones on the basis of language (e.g., Andhra Pradesh, Maharashtra, Gujarat).
    • Purpose: Ensure people speaking the same language live in the same state; made India more united and administratively easier.
  • Language Policy:
    • No National Language defined by the Constitution.
    • Hindi identified as the official language (spoken by ~40%).
    • 22 languages recognized as Scheduled Languages in the Constitution.
    • Central government did not impose Hindi on non-Hindi speaking states (e.g., Tamil Nadu protests).
  • Centre-State Relations (Federal Restructuring):
    • Era of Coalition Governments (post-1990) led to a new culture of power sharing and respect for state autonomy.
    • Supreme Court rulings made it harder for the Central government to dismiss state governments arbitrarily (President's Rule misused historically).
• Decentralization in India
  • Why Decentralization?
    • Vast countries cannot be run only from New Delhi or state capitals.
    • Local issues are best solved locally with direct people participation (Grassroots Democracy).
  • Constitutional Amendment of 1992:
    • Mandatory to hold regular elections to local government bodies.
    • Reservation of seats for Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs).
    • At least one-third of all seats reserved for women.
    • Creation of State Election Commission in each state for local polls.
    • State governments required to share some revenue and powers with local government bodies.
  • Tier Structure of Local Government:
    • Rural Local Government (Panchayati Raj):
      • Gram Panchayat: Village level (headed by Sarpanch).
      • Panchayat Samiti / Block / Mandal: Group of Gram Panchayats.
      • Zilla Parishad: District level coordination.
    • Urban Local Government:
      • Municipalities: Formed in towns.
      • Municipal Corporations: Formed in big cities (headed by Mayor).
  • Significance: Largest experiment in democracy anywhere in the world; deepens democracy and empowers women.