Quick Revision Notes

Class: 11 Political Science

Chapter: Federalism (संघवाद)

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1. Introduction to Federalism (संघवाद का परिचय)

• What is Federalism? Federalism is an institutional mechanism to accommodate two sets of polities—one at the regional level and the other at the national level. Each has its own autonomous sphere of jurisdiction.
• Core Idea: It is a system of government where power is divided between a central authority and various constituent units (states/provinces) of the country.

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2. Key Features of Federalism (संघवाद की मुख्य विशेषताएँ)

1. Two Levels of Government: Government for the entire country (national/federal) and governments at the provincial/state level.
2. Constitutional Division of Powers: The jurisdiction of each tier is specified in the constitution, guaranteeing its authority.
3. Written Constitution: The fundamental provisions cannot be unilaterally changed; it requires the consent of both levels.
4. Independent Judiciary: Acts as an umpire in case of disputes between different levels of government.
5. Dual Citizenship: (Optional in some federations like India, but common in classic ones like the USA).

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3. Federalism in the Indian Constitution (भारतीय संविधान में संघवाद)

• Nature of Indian Federalism: The Indian Constitution does not use the word 'Federation', but Article 1 describes India as a "Union of States" (राज्यों का संघ).
• Quasi-Federal / Federal with Strong Centre: India has a federal system with a unitary bias. K.C. Wheare described it as "quasi-federal."

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4. Distribution of Powers (शक्तियों का विभाजन)

The Seventh Schedule of the Indian Constitution provides for a threefold distribution of legislative powers between the Union and the State governments:

• Union List (संघ सूची):
  • Subjects of national importance (e.g., Defence, Foreign Affairs, Banking, Communications, Currency).
  • Only the Parliament can make laws on these.
• State List (राज्य सूची):
  • Subjects of state and local importance (e.g., Police, Trade, Agriculture, Irrigation, Public Health).
  • State legislatures make laws on these.
• Concurrent List (समवर्ती सूची):
  • Subjects of common interest to both Union and States (e.g., Education, Forests, Marriage, Adoption, Succession).
  • Both Parliament and State legislatures can make laws; in case of conflict, Union law prevails.
• Residuary Powers (अवशिष्ट शक्तियाँ):
  • Subjects that do not fall in any of the three lists (e.g., Cyber law/Information Technology). Given to the Union Parliament.

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5. Special Provisions (विशेष प्रावधान - Article 370 & Article 371)

• Asymmetrical Federalism: Not all states in India have identical powers.
• Article 371: Grants special provisions for various states (like Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh, Goa) to protect their distinct culture, history, and economic needs.
• Article 370: (Historically) Provided special autonomous status to Jammu and Kashmir (modified significantly in August 2019).

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6. Role of the Judiciary (न्यायपालिका की भूमिका)

• Article 131 (Original Jurisdiction): Disputes between the Centre and States, or between States inter se, go directly to the Supreme Court.
• Guardian of the Constitution: The Supreme Court interprets the constitutional provisions and maintains the balance of power.

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7. Tensions in Indian Federalism (भारतीय संघवाद में तनाव)

Major areas of conflict between the Centre and States include:

1. Governor’s Role: Misuse of the office of the Governor (appointed by the Centre) to dismiss state governments or delay bills.
2. President’s Rule (Article 356): Often misused by the Centre to dismiss elected state governments.
3. Demand for Greater Autonomy: States demanding more financial and administrative powers.
4. Creation of New States: Parliament has the power to alter boundaries or create new states (Articles 3-4) without mandatory state consent, showing a unitary tilt.

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8. Important Commissions (महत्वपूर्ण आयोग)

• Sarkaria Commission (1983): Appointed by the Central Government to examine Centre-State relations; recommended strengthening cooperative federalism.
• Punchhi Commission (2007): Reviewed Centre-State relations, focusing on the changing socio-economic scenario and security issues.

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9. Cooperative Federalism (सहयोगी संघवाद)

• Concept: It emphasizes partnership, coordination, and cooperation between the Centre and States to solve national problems (e.g., GST Council, NITI Aayog).