Chapter: Federalism

• Introduction to Federalism

  • Definition: Institutional mechanism to balance shared rule and regional rule
  • Two key sets of politics: Central Government and State Governments
  • Core Principle: Dual government system with constitutional division of powers

• What is Federalism?

  • Contrast with Unitary System: Single level of government vs. two levels
  • Key Institutional Features:
    • Two or more levels of government
    • Different tiers govern the same citizens, but have separate jurisdictions
    • Constitutional guarantee of authority for each tier
    • Provisions for amending the constitution require consent from both levels
    • Courts act as umpires in case of disputes
    • Dual objectives: Safeguard regional diversity + Promote national unity

• Federalism in the Indian Constitution

  • Influence of the National Movement: Need to balance unity and diversity
  • Integration of princely states into the Indian Union
  • Nature of Indian Federalism: "Union of States" (Article 1)
  • Division of Powers (Seventh Schedule):
    • Union List: Subjects of national importance (Defence, Foreign Affairs)
    • State List: Subjects of regional/local importance (Police, Agriculture)
    • Concurrent List: Subjects of common interest (Education, Forests)
    • Residuary Powers: Powers not mentioned, vested in the Union Government
  • Asymmetric Federalism: Special provisions for certain states (e.g., Article 370 historically, Article 371 for North-Eastern states)

• Federalism with a Strong Center

  • India's model leans towards a Strong Central Government due to partition and socio-economic integration needs
  • Centralizing Features of Indian Constitution:
    • Parliament's power to reorganize states (Article 3)
    • Emergency Provisions (Articles 352, 356, 360) can convert federal structure into unitary
    • Single Integrated Judiciary
    • Appointment of Governors by the Centre
    • All-India Services (IAS, IPS)
    • Financial dependence of states on the Centre (Grants-in-aid)

• Conflicts in Indian Federalism

  • Centre-State Relations:
    • Misuse of Article 356 (President's Rule) to dismiss elected state governments
    • Role of Governors often seen as agents of the Centre
  • Demands for Greater Autonomy by states
  • Inter-State Conflicts:
    • Boundary disputes (e.g., Maharashtra-Karnataka)
    • River Water Sharing Disputes (e.g., Cauvery, Satluj-Yamuna)

• Special Provisions and Challenges

  • Accommodation of Diversity: Linguistic reorganization of states (1956 onwards)
  • Regional aspirations and movements for autonomy or statehood
  • Role of Judiciary: Supreme Court as the ultimate guardian of federal balance (e.g., SR Bommai Case restricting Article 356)
  • Evolution toward Cooperative Federalism and Competitive Federalism in recent decades