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