Federalism Notes

Federal Political Systems

  • The Indian government can be called Union, Federal, or Central.
  • Federalism: A system of government where power is divided between a central authority and constituent units.
  • A federation usually has two levels of government:
    • One for the entire country (responsible for common national interests).
    • The other at the level of provinces or states (responsible for day-to-day administration).
  • Both levels of government enjoy power independently.

Contrasting Federalism with Unitary Systems

  • Unitary System: A system where the national government has all the power.
  • Belgium shifted from a unitary to a federal system in 1993 by reducing the power of the Central Government and giving constitutional powers to regional governments.
  • In a unitary system, the central government can order provincial or local governments.
  • In a federal system, the central government cannot order the state government; both are separately answerable to the people.

Key Features of Federalism

  1. Two or More Levels (or Tiers) of Government:
  2. Jurisdiction: Each tier has its own jurisdiction in specific matters of legislation, taxation, and administration, governing the same citizens.
  3. Constitutional Guarantee: The jurisdictions of the respective levels are specified in the constitution, guaranteeing the existence and authority of each tier.
  4. Constitutional Amendment: Fundamental provisions cannot be unilaterally changed; consent of both levels of government is required.
  5. Role of Courts: Courts interpret the constitution and the powers of different levels, with the highest court acting as an umpire in disputes.
  6. Financial Autonomy: Sources of revenue for each level are clearly specified.

Objectives and Aspects of Federalism

  • Dual Objectives:
    • Safeguard and promote the unity of the country.
    • Accommodate regional diversity.
  • Crucial Aspects:
    • Agreement among different levels of government on rules of power-sharing.
    • Mutual trust that each level will abide by the agreement.
  • An ideal federal system embodies mutual trust and the agreement to live together.

Balance of Power

  • The balance of power between central and state governments varies based on the historical context.

Routes to Forming Federations

  1. Coming Together Federations:
    • Independent states unite to form a bigger unit, pooling sovereignty while retaining identity to increase security.
    • Examples: USA, Switzerland, and Australia.
    • Constituent states usually have equal power and are strong relative to the federal government.
  2. Holding Together Federations:
    • A large country decides to divide power between constituent states and the national government.
    • Examples: India, Spain, and Belgium.
    • The Central Government tends to be more powerful, and constituent units may have unequal powers, with some granted special powers.

India as a Federal Country

  • India is a vast country with many languages, religions, and regions, necessitating power-sharing arrangements.
  • The Constitution declared India as a Union of States.
  • The Indian Union is based on the principles of federalism, even though the term