Overview
Federalism is a key form of power-sharing in modern democracies, involving the vertical division of power among different levels of government. This chapter explores federalism's theory and practice in India, analyzing constitutional provisions, policies, and the role of local government as the third tier of Indian federalism.
What is Federalism?
Federalism is a system where power is divided between a central authority and constituent units (e.g., states or provinces). It contrasts with unitary systems, where the central government holds all power or subordinates sub-units.
- Belgium vs. Sri Lanka: Belgium shifted to federalism in 1993 by granting constitutional powers to regional governments, while Sri Lanka remains unitary, with Tamil leaders advocating for federalism.
- Key Features of Federalism:
- Multiple tiers of government (e.g., central and state).
- Each tier has specific jurisdiction in legislation, taxation, and administration.
- Jurisdictions are constitutionally defined.
- Constitutional changes require consent from both levels.
- Courts interpret the constitution and resolve disputes.
- Revenue sources are specified for financial autonomy.
- Promotes unity while accommodating regional diversity.
- Types of Federations:
- Coming Together: Independent states unite for security (e.g., USA, Switzerland, Australia), with equal state powers.
- Holding Together: A large country divides power, with the central government often more powerful (e.g., India, Spain, Belgium).
Question:
If federalism works only in big countries, why did Belgium adopt it?
What Makes India a Federal Country?
India’s Constitution establishes a federal structure, despite not using the term “federation.” It emerged as a Union of States post-independence, integrating princely states.
- Constitutional Provisions:
- Two-tier system (Union and State governments), later expanded to include Panchayats and Municipalities.
- Three-fold legislative division:
- Union List: Subjects like defence, foreign affairs, banking (Union Government legislates).
- State List: Subjects like police, agriculture, trade (State Governments legislate).
- Concurrent List: Subjects like education, forests (both legislate; Union law prevails in conflicts).
- Residuary subjects (e.g., computer software) fall under Union control.
- Special Status: States like Assam, Nagaland, and Mizoram have special powers under Article 371 for cultural and land rights protection.
- Union Territories: Areas like Chandigarh and Delhi have limited powers, controlled by the Union Government.
- Amendment Process: Power-sharing changes require two-thirds majority in Parliament and ratification by half the states.
- Judiciary’s Role: High Courts and Supreme Court resolve power disputes.
- Financial Autonomy: Both Union and State governments raise taxes for their responsibilities.
Questions:
- If agriculture and commerce are state subjects, why do we have Union ministers for them?
- Can Rajasthan prevent nuclear tests in Pokharan?
- Does Sikkim need Union permission for new textbooks?
- Can the Prime Minister order Chief Ministers on state police policies against Naxalites?
How is Federalism Practised?
India’s federalism succeeds due to democratic politics, respecting diversity and unity.
Linguistic States
- Formation: Post-1947, states were reorganized based on language (e.g., Andhra Pradesh for Telugu speakers) or culture/ethnicity (e.g., Nagaland, Jharkhand).
- Impact: Strengthened unity and eased administration, despite initial fears of disintegration.
Language Policy
- Policy: Hindi is the official language, but 22 Scheduled Languages are recognized. States have their own official languages. English continues for official purposes.
- Flexibility: Accommodated non-Hindi states (e.g., Tamil Nadu’s protests), avoiding Sri Lanka-like conflicts.
Insight: India’s linguistic diversity (1,300+ mother tongues, 121 major languages) is managed through a flexible language policy, promoting unity.
Centre-State Relations
- Pre-1990: Single-party dominance (Congress) limited state autonomy; central misuse of power to dismiss rival state governments.
- Post-1990: Rise of regional parties and coalition governments increased state autonomy. Supreme Court rulings curbed arbitrary dismissals.
Decentralisation in India
Decentralisation transfers power from Central/State governments to local governments, addressing local issues efficiently and fostering democratic participation.
- Need: India’s large and diverse states require local governance for effective administration.
- Pre-1992: Panchayats and municipalities existed but lacked power, regular elections, or resources.
- 1992 Constitutional Amendment:
- Mandatory regular elections to local bodies.
- Reservations for SCs, STs, OBCs, and one-third for women.
- State Election Commissions conduct elections.
- States share powers and revenue with local bodies.
- Rural Local Government (Panchayati Raj):
- Gram Panchayat: Village-level council with elected panch and sarpanch, supervised by gram sabha.
- Panchayat Samiti: Block-level body elected by panchayat members.
- Zilla Parishad: District-level body with elected members, MPs, MLAs, and a chairperson.
- Urban Local Government: Municipalities in towns; municipal corporations in cities, led by elected chairpersons or mayors.
- Challenges: Irregular gram sabha meetings, limited power/resources from states.
Question:
Why does the District Magistrate/Collector, not the Zilla Parishad chairperson, administer the district?
Case Study: Decentralisation in Brazil
Porto Alegre, Brazil, combines decentralisation with participative democracy, allowing citizens to influence the city budget.
- Process: Sector meetings (like gram sabha) and city-wide discussions involve 20,000 citizens annually, prioritizing spending for poorer areas.
- Impact: Improved services (e.g., buses to slums) and fair resource allocation.
- India’s Parallel: Similar experiments in Kerala involve citizens in local development planning.
Key Learnings
- Federalism divides power between central and state governments, promoting unity and diversity.
- India’s federal structure includes Union, State, and Concurrent Lists, with special provisions for some states.
- Linguistic states, flexible language policy, and coalition governments strengthen federalism.
- Decentralisation through Panchayati Raj and municipalities fosters local self-governance, though challenges remain.
Exercises
- Locate Manipur, Sikkim, Chhattisgarh, and Goa on a blank India map.
- Shade three federal countries (excluding India) on a world map.
- Identify one similarity and one difference in federalism practices between India and Belgium.
- Explain the main difference between federal and unitary governments with an example.
- State two differences in local government before and after the 1992 Constitutional amendment.
- Fill in the blanks: The US is a
coming together
federation with equal state powers, while India is a holding together
federation with more central power.
- Support one of three reactions to India’s language policy (Sangeeta: strengthens unity; Arman: divides by language; Harish: consolidates English dominance).
- The distinguishing feature of a federal government is: (d) Power divided between levels of government.
- Group subjects into Union, State, and Concurrent Lists:
Union List | State List | Concurrent List |
Defence, Banking, Communications | Police, Agriculture, Trade | Education, Forests, Marriages |
- Identify the incorrectly matched pair: (d) Local governments - Residuary powers.
- Match List I with List II:
List I | List II |
Union of India | Prime Minister |
State | Governor |
Municipal Corporation | Mayor |
Gram Panchayat | Sarpanch |
- Correct statements: (c) A and B only (powers demarcated, India’s Constitution specifies jurisdictions).