Federalism – Detailed Study Notes

Concept of Federalism

• Definition

  • Federalism = system where power is divided between a central authority and several constituent units (states/provinces).
  • Each level enjoys powers independent of the other and is directly accountable to the people.

• Dual Objectives

  • $\text{Unity of the country}$
  • $\text{Accommodation of regional diversity}$
  • Requires mutual trust & agreed rules of power-sharing.

• Key Constitutional Features of an Ideal Federation

  1. Two or more governmental tiers.
  2. Same citizens are governed by different tiers, each with its own jurisdiction (legislation, taxation, administration).
  3. Jurisdictions are constitutionally guaranteed.
  4. Fundamental provisions cannot be unilaterally changed; need consent of both tiers.
  5. Courts (esp. the Highest Court) interpret the constitution and act as umpires in disputes.
  6. Clearly specified, separate sources of revenue for each tier ensuring financial autonomy.

• Types of Federations

  • Coming-Together Federations
  • Independent states pool sovereignty while retaining identity for security & efficiency.
  • Equal power among states; strong vis-à-vis centre.
  • Examples: USA, Switzerland, Australia.
  • Holding-Together Federations
  • One large country divides power between centre & states to manage diversity.
  • Centre usually stronger; unequal powers among constituent units; some granted special powers.
  • Examples: India, Spain, Belgium.

• Federal vs. Unitary Systems

  • Unitary: Single level or sub-units subordinate to centre; centre can issue orders.
  • Federal: Centre cannot order states; both tiers autonomous & separately answerable to citizens.

Federalism Worldwide

• Only $25$ of $193$ UN member states are federations, yet they house 40 % of world population.
• Most large countries adopt federalism; notable exceptions visible on the provided world map.

Belgium vs. Sri Lanka (Revisited)

• 1993 Belgian reforms: shifted from unitary → federal; regional powers became constitutionally protected.
• Sri Lanka remains practically unitary; Tamil leaders demand a federal set-up.
• Illustrates how federalism can defuse ethnic tension when genuine autonomy is granted.

Indian Federal System

Constitutional Basis

• India proclaimed a “Union of States” (word federation absent but principles applied).
• Originally two tiers: Union (Central) Government & State Governments.
• Post-1992: addition of a third tier—Panchayats & Municipalities.

Three-Fold Distribution of Legislative Powers

• Union List (national importance): defence, foreign affairs, banking, communications, currency, etc. → only Parliament legislates.
• State List (state & local matters): police, trade, commerce, agriculture, irrigation, etc. → only State legislatures.
• Concurrent List (common interest): education, forest, trade unions, marriage, adoption, succession. → both tiers may legislate; Union law prevails on conflict.
• Residuary Subjects (e.g., computer software): power lies with Union Parliament.

Asymmetrical Federalism & Special Provisions

• Not all states possess identical powers.
• Article 371 grants special status to states like Assam, Nagaland, Arunachal Pradesh, Mizoram (land rights, culture, job preference).
• Some territories too small for statehood are run as Union Territories (e.g., Chandigarh, Delhi, Lakshadweep) with minimal autonomy; centre wields special powers.

Rigidity of Power-Sharing Arrangement

• Amendment requires:
  1. Two-thirds majority in both Houses of Parliament, and
  2. Ratification by at least ½ of the state legislatures.
• Judiciary (High Courts & Supreme Court) umpire disputes.
• Both Union & States levy taxes to fund their responsibilities.

Illustrative Constitutional Scenarios

• Rajasthan cannot block Union nuclear test in Pokharan (defence = Union List).
• Sikkim may introduce its own school textbooks without Union permission (education = Concurrent List, but state freedom if no conflict).
• PM cannot unilaterally order state police responses to naxalites (police = State List), barring extraordinary constitutional provisions.

Practice of Federalism in India

1. Linguistic Reorganisation of States

• Massive boundary changes 1947-2019; states created so speakers of one language reside together.
• Some created on cultural/ethnic/geographic lines (Nagaland, Uttarakhand, Jharkhand).
• Contrary to early fears, linguistic states strengthened unity & eased administration.

2. Language Policy

• No national language; Hindi = official language.
• Hindi mother tongue of ~$40\%$; $22$ scheduled languages recognised.
• Central exams may be taken in any scheduled language.
• English use, slated to end in $1965$, retained after protests (esp. Tamil Nadu); continues alongside Hindi.
• Policy = accommodation, avoiding Sri Lankan-style conflict; cannot impose Hindi where not spoken.

Linguistic Diversity Stats (Census 2011)

• >$1300$ distinct mother tongues → grouped into $121$ major languages.
• Scheduled languages sample: Hindi $43.63\%$, Bengali $8.03\%$, Telugu $6.70\%$, etc.
• English: mother tongue $0.02\%$, known as 2nd/3rd language by $11\%$.

3. Centre-State Relations & Political Dynamics

• Pre-1990: One-party dominance; centre often dismissed opposition-ruled states via constitutional misuse → weakened federal spirit.
• Post-1990: Rise of regional parties + coalition governments at centre.
  • Necessitated bargaining, fostered culture of consultation & respect for state autonomy.
  • Supreme Court judgment curtailed arbitrary dismissal of state governments.
• Result: Stronger & more effective federalism today.

Decentralisation: The Third Tier

Rationale

• Large, diverse states ≈ populations of countries (e.g., Uttar Pradesh > Russia).
• Many issues best solved locally; ensures participation, better knowledge, democratic habit.
• Embodies principle of local self-government.

Early Local Bodies (pre-1992)

• Panchayats/municipalities existed but remained under state control; irregular elections, negligible powers/resources.

73rd & 74th Constitutional Amendments (1992)

• Made regular elections mandatory.
• Reservation:
  • SC, ST, OBC in seats & executive posts.
  • At least 1/3 of all positions reserved for women.
• Created State Election Commissions for local polls.
• Obligated states to share powers & revenue; exact devolution varies by state.

Structure of Rural Local Government (Panchayati Raj)

• Gram Panchayat (village/cluster): directly elected panches & sarpanch.
• Gram Sabha: assembly of all voters; meets 2-3× yr, approves budget, reviews work.
• Panchayat Samiti / Block / Mandal: group of gram panchayats; members elected by panchayat members.
• Zilla Parishad (district): elected reps + MPs, MLAs, officials; chairperson = political head.

Urban Local Government

• Municipalities (towns) & Municipal Corporations (big cities).
• Controlled by elected councils; political heads = Chairperson / Mayor respectively.

Achievements & Challenges

• World’s largest democratic exercise: ≈$3.6$ million elected local reps.
• Deepened democracy; significantly boosted women’s voice.
• Yet: Gram Sabha meetings irregular; many states reluctant to transfer real power/resources → ideal of self-government still distant.

Comparative Global Example: Porto Alegre, Brazil

• Participatory budgeting: open ward-level meetings; ~$20{,}000$ citizens decide city budget annually.
• Ensures equitable spending (poor colonies get buses; slum-dwellers protected).
• Similar people-centred planning experiments in Kerala.

Key Terms & Concepts

• Jurisdiction: legal authority area — geographic or subject-matter.
• Coalition Government: alliance of ≥2 parties with common programme.
• Decentralisation: transfer of power from higher to lower levels.
• Gram Sabha: general body of voters in a village; cornerstone of direct democracy.

Ethical / Philosophical Implications

• Federalism balances unity & diversity, respecting identities while sustaining a single polity.
• Language accommodation prevents cultural domination, promoting equal dignity of all linguistic groups.
• Decentralisation embodies subsidiarity: decisions taken at lowest effective level, empowering citizens.

Quick Reference Questions (from Text Exercises)

• Features common/different with Belgium.
• Federal vs. Unitary distinction (example: India vs. Sri Lanka).
• Changes in local govt pre-/post-1992.
• US = coming-together; India = holding-together.
• Debate on language policy: unity vs. division vs. English dominance.
• MCQ: distinguishing feature = division of powers between levels (option d).
• Subject classification example: Defence → Union List; Police/Agriculture → State; Education/Forests/Marriage → Concurrent.

Numerical & Statistical Highlights

• $25/193$ countries federations (≈40 % world pop).
• $22$ Scheduled Languages in Eighth Schedule.
• $1300$+ mother tongues; $121$ major languages.
• Hindi speakers: $43.63\%$; English mother-tongue: $0.02\%$.
• Local elected reps ≈ $36$ lakh (3.6 million).

Connections to Previous & Real-World Contexts

• Builds on earlier chapter’s theme of power-sharing (horizontal & vertical).
• Shows federalism’s role in conflict management (Belgium vs. Sri Lanka).
• Illustrates significance during Pokhran tests, Naxalite policing, textbook decisions—clarifies constitutional boundaries.
• Reflects democratic deepening globally (Brazil, Kerala) reinforcing universality of subsidiarity principle.