Ch ap ter 2

Fed eralism

 Fed eralism
 Federalism is a system of government in which the power is divided between a central
authority and various constituent units of the country.
 Two Levels of Govern men t
 Government for the entire country that is responsible for national issues.
 Governments at the state level that function for the everyday concerns.
 Both of these governments enjoy their power independent of the other.
 Featu res of Fed eralism
 There are two or more levels of government.
 Different tiers of government govern the same citizens, but each tier has its own
jurisdiction in specific matters of legislation, taxation and administration.
 The existence and authority of each tier of government is constitutionally guaranteed.
 The fundamental provisions of the constitution can be changed only with the mutual
consent of both the levels of government.
 Courts have the power of interpreting the constitution and the powers of different levels of
government. The highest court acts as an adjudicator of disputes between different levels of
government.
 Sources of revenue for each level of government are clearly specified for ensuring smooth
functioning and financial autonomy.
 The federal system safeguards and promotes the unity of the country and also
accommodates regional diversity.
 Typ es of Fed eration
 Comin g Togeth er Fed eration s: Independent states come together on their own to form
a bigger unit, so that by pooling sovereignty and retaining identity they can increase their
security. E.g. The USA, Switzerland and Australia. All the constituent states usually have
equal powers vis-à-vis the federal government.
 H old in g Togeth er Fed eration s: A large country decides to divide its power between
the constituent states and the national government. Very often, different constituent units
of the federation have unequal powers. Some units are granted special powers.
 Fed eralism in In d ia
 India is a ‘holding together’ type of federation in which powers are vested in the state
governments that function under the overall supervision of the union government.
 Th ree Tier System of Govern men t
 Union government
 State governments
 Local self government in the form of panchayats and municipalities.
 Distrib u tion of Powers b etween th e Un ion an d States: The Constitution of India
provides for the distribution of powers on the basis of three lists.
 Un ion List includes subjects of national importance such as defence, foreign affairs,
banking, communications and currency. The union government alone can make laws
relating to the subjects mentioned in the Union List.
 State List includes subjects of state and local importance such as police, trade,
commerce, agriculture and irrigation. The state governments alone can make laws
relating to the subjects mentioned in the State List.
 Con cu rren t List includes subjects of common interest to both the union government
as well as the state governments, such as education, forest, trade unions, marriage,
adoption and succession. Both the union and the state governments can make laws on
the subjects mentioned in this list. In case of conflict, the law made by the union
government shall have primacy over the state law.
 The union government has the power to make laws for the subjects that are not
included in any of the three lists. These are termed as ‘residuary subjects’.
 Sp ecial Powers of Jammu an d Kash mir: J & K enjoys special powers in the Indian
federation.
 It has its own constitution.
 Many provisions of the Indian Constitution are not applicable to this state without
the approval of the state assembly.
 Indians who are not permanent residents of this state cannot buy land or house
here.
 Union territories do not have the powers of a State. The central government has special
powers of governing the union territories.
 The power sharing arrangement provided by the Constitution is difficult to change. Any
change to it has to be first passed by both the Houses of Parliament with at least two-
thirds majority. Then it has to be ratified by the legislatures of at least half of the total
states.
 Role of Ju d iciary : It plays an important role in overseeing the implementation of
constitutional provisions and procedures. In case of any dispute between the centre and
the states regarding the division of powers, the High Courts and the Supreme Court
have the right of adjudication.
 The union and the state governments have the power to raise resources by levying taxes
in order to carry on the government and the responsibilities assigned to each of them.
 Lin gu istic States
 New states were created on linguistic basis in 1947 for recognizing the linguistic and
cultural differences of various parts of the country.
 The formation of linguistic states has united the country and has made administration
easier.
 Lan gu age Policy
 Hindi is the official language of the Union of India.
  21 languages are recognized as Scheduled Languages by the Constitution.
 Examinations for the central government posts may be taken by the candidates in any of
the scheduled languages.
 Each state has its own official language.
 According to the Constitution, English as an official language was supposed to be
discontinued in 1965. However, due to opposition by non-Hindi speaking states, both
English and Hindi are being continued for official purposes.
 Cen tre-State Relation s
 The central government in India has the power to dissolve the state government on
grounds of inefficiency and impose the President’s rule in the state.
 Before 1990, the central government often misused the Constitution to dismiss the state
governments that were controlled by rival parties.
 After 1990, the era of coalition governments at the centre started. The major national
parties had to enter into alliances with many regional parties for forming the
government. This led to a new culture of power sharing and respect for the autonomy
of state governments.
 Decen tralisation in In d ia
 It refers to the delegation of power to the local governments.
 Decentralisation makes the government more responsive to people’s demands.
 It ensures people’s direct participation in decision making.
 In 1992, the Indian Constitution was amended to make the third-tier of democracy
more powerful and effective.
 It is constitutionally mandatory to hold regular elections for local government bodies.
 Seats are reserved for the Scheduled Castes and Tribes and Other Backward Classes.
 At least one-third of all positions are reserved for women.
 The State Election Commission of every state conducts panchayat and municipal
elections.
 The state governments are required to share some powers and revenue with local
government bodies. The nature of sharing varies from state to state.
 Rural local government is known as Pa ncha ya ti Ra j.
 Each village, or a group of villages in some States, has a gra m pa ncha ya t
which is a council consisting of several ward members, often called, panch and a
president or sarpanch. They are directly elected by all the adult population living
in that ward or village. It is the decision making body for the entire village.
 The panchayat works under the overall supervision of the gram sabha. All the
voters are its members. It has to meet at least twice or thrice in a year to
approve the annual budget of the gram panchayat and to review its performance.
 A few gram panchayats are grouped together to form a pa ncha ya t sa miti or
block or mandal. The members of this representative body are elected by all the
panchayat members in that area.
  All the panchayat samitis and mandals in a district together constitute the zilla
(d istrict) pa risha d. Most of the zilla parishad members are elected. Members
of the Lok Sabha and MLAs of that district level body are also its members.
 All over the country there are about 36 lakh elected representatives in the
Pa ncha ya ts and municipa lities etc.
 Local bodies that exist for the urban areas are known as mu n icip alities. Big cities are
constituted into mu n icip al corp oration s. Both municipalities and municipal
corporations are controlled by elected bodies consisting of people’s representatives.
Municipal Chairperson is the political head of the municipality. In a municipal
corporation, such an officer is called the Mayor.
 Constitutional status for local self government has helped deepen democracy in India.
However, the functioning hasn’t reached perfection.
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