Indian Federalism & Decentralisation – Comprehensive Exam Notes

Concept & Rationale of Federalism

• Definition: Federalism is a system of government in which power is constitutionally divided between a central (national/union) authority and various constituent units (provinces, states, cantons, etc.).
  • Promotes unity while accommodating diversity.
  • Requires mutual trust & agreement to live together between levels.
• Dual objectives
  1. Safeguard & promote national unity.
  2. Accommodate regional/ethnic/linguistic diversity.
• Global spread
  • Only 25 of the world’s 193 countries are federations, yet they contain ext{≈}40\% of global population.
  • Most large-sized countries adopt federal systems (India, USA, Brazil, Russia, etc.).
• Terminology in India
  • Constitution calls India a “Union of States” (not expressly “federal”), emphasising indestructible unity but with federal principles.

Types of Federations

• Coming-Together Federations
  • Independent, smaller states pool sovereignty to form a larger union for security & economic gains.
  • Examples: USA, Switzerland, Australia.
  • Features: All constituent units have equal status & strong powers vis-à-vis the centre.
• Holding-Together Federations
  • A large country constitutionally divides power to contain diversity & maintain integrity.
  • Examples: India, Spain, Belgium.
  • Features: Centre generally remains more powerful; constituent units may have unequal powers or special provisions.

Federalism vs. Unitary Government

• Unitary: Single sovereign legislature; sub-national bodies (if any) are subordinate, their powers revocable by centre.
• Federal: Dual or multi-tier government; each tier’s jurisdiction written into Constitution; centre cannot unilaterally order state governments.

Key Constitutional Features of Federalism (Generic & Indian Context)

1. Two or more tiers of government.
2. Same citizens governed simultaneously by different tiers, each with exclusive jurisdiction on specified matters (legislation, taxation, administration).
3. Written Constitution guaranteeing existence & authority of each tier.
4. Rigid Constitution: Fundamental federal provisions require consent of both centre & states for amendment (in India: 2⁄3 majority in both Houses plus 1⁄2 of state legislatures).
5. Independent Judiciary: Courts interpret Constitution & adjudicate centre-state disputes (Supreme Court as “umpire”).
6. Financial Autonomy: Clear revenue sources for each tier.

Constitutional Federalism in India

Original Two-Tier & Current Three-Tier

• Union / Central Government.
• State Governments (28 states; powers vary).
• Local Governments (added by 73ᵗʰ & 74ᵗʰ Amendments, 1992) → Panchayats & Municipalities.

Three-Fold Distribution of Legislative Powers

• Residuary Powers: Subjects not in any list (e.g.
  computer software) → Parliament.

Unequal Powers & Special Status

• Articles \,370\text{-}371 give special provisions to certain states:
  • Assam, Nagaland, Arunachal Pradesh, Mizoram → safeguards for land, culture, jobs; outsiders cannot buy land.
  • Jammu & Kashmir (pre-2019 special status under Art. 370, since abrogated in 2019).
• Union Territories (UTs): Chandigarh, Lakshadweep, Delhi, etc. → administratively under Centre; limited legislature (Delhi & Puducherry have partial statehood).

Fiscal Federalism

• Both levels levy & collect taxes to fund assigned responsibilities.
• Finance Commission recommends vertical & horizontal devolution.

Practical Working of Indian Federalism

1. Linguistic Reorganisation of States (1950s onward)

• Redrew state boundaries so that speakers of the same language live in same state.
• Allayed fears of disintegration; enhanced unity & administrative efficiency.
• States like Nagaland, Uttarakhand, Jharkhand created for cultural/ethnic reasons (non-linguistic).

2. Language Policy

• No National Language.
• Hindi = Official language of Union; spoken as mother tongue by \approx44\% (2011).
• English initially transitional, retained indefinitely after 1965 due to protests (esp. Tamil Nadu).
• Constitution recognises 22 Scheduled Languages (8ᵗʰ Schedule); any may be chosen for Union recruitment exams.
• States free to adopt their own official language(s).
• Policy of accommodation avoided Sri Lanka-type linguistic strife.

3. Centre-State Relations & Coalition Era

• Early decades: Same party dominated Centre & most states → states’ autonomy weak; Article 356 (President’s Rule) misused.
• Post-1990s: Rise of regional parties + coalition governments → culture of negotiation; Supreme Court curbed arbitrary dismissal of state govts (S.R. Bommai case, 1994).
• Federal power-sharing now stronger & more consultative.

4. Linguistic Diversity Statistics (Census 2011)

• >1300 mother tongues → grouped into 121 major languages.
• Only 0.02\% cite English as mother tongue; another 11\% know it as second/third language.
• Scheduled Language share sample:
  • Hindi 43.63\%; Bengali 8.03\%; Marathi 6.86\%; Telugu 6.70\%; Tamil 5.70\%; … Sanskrit negligible.
• Demonstrates that no single language commands majority loyalty.

Decentralisation & Local Government (Third Tier)

Rationale

• States are size of nations (Uttar Pradesh population > Russia).
• Local problems best solved locally; encourages direct democracy & accountability.

73ᵗʰ & 74ᵗʰ Constitutional Amendments (1992)

• Mandatory regular elections to Panchayats & Municipalities.
• Reservation:
  • SC/ST/OBC seats.
  • ≥1⁄3 of seats & chairperson posts for women.
• State Election Commission → conducts local polls.
• Devolution: States must transfer functions, funds & functionaries (varies widely across states).

Rural Structure

1. Gram Sabha: Assembly of all voters → approves budget & reviews Gram Panchayat.
2. Gram Panchayat: Elected panchs + Sarpanch (president) manage village affairs.
3. Panchayat Samiti / Block / Mandal: Cluster of Gram Panchayats.
4. Zilla Parishad: Apex at district; elected members + MPs/MLAs; chaired by ZP President.

Urban Structure

• Municipality (towns) → headed by Chairperson.
• Municipal Corporation (cities) → headed by Mayor.

Scale & Impact

• ~36\text{ lakh} (3.6 million) elected local representatives → largest democratic experiment globally.
• Deepened democracy & women’s political participation.
• Challenges: Irregular Gram Sabhas; limited powers/resources; bureaucratic dominance (e.g., District Collector outranks ZP).

Comparative Example – Porto Alegre, Brazil

• Participatory budgeting: Citizens debate & decide municipal budget annually; ~20{,}000 participants ensure resources reach poor colonies.
• Similar People’s Plan Campaign in Kerala (1996-2001).

Illustrative Scenarios & Questions (Critical Thinking)

• Pokharan Nuclear Tests: Rajasthan cannot veto Union defence decisions (Union List).
• Sikkim Textbooks: Education → Concurrent List. State can proceed; Union may shape national standards but cannot arbitrarily block.
• Naxalite Policing: Police → State List; PM can advise/coordinate but cannot order uniform state directives unless using constitutional mechanisms.

Belgium vs. Sri Lanka – A Contrast (Connection to Ch.1)

• Belgium 1993 reforms: Shift unitary → federal; regional governments’ powers constitutionally guaranteed.
• Sri Lanka: Remains de facto unitary, centralised; Tamil leaders demand federalism for autonomy.

Ethical & Philosophical Dimensions

• Federalism embodies principle of subsidiarity: decisions at lowest competent level.
• Balances unity vs. diversity; prevents tyranny of central majority; yet avoids fragmentation.
• Reservation & special status raise debates on equity vs. uniformity.

Key Terms & Definitions

• Jurisdiction: Legally defined sphere of authority (geographical or subject-wise).
• Coalition Government: Alliance of ≥2 parties with a common programme sharing executive power.
• Residuary Subjects: Matters not enumerated in any list; default to Union Parliament (India).
• Decentralisation: Transfer of powers from higher → lower tier; fosters local self-government.

Numericals & Quick Facts (for Revision)

• World federations: 25/193 countries, ≈40\% population.
• India: 121 major languages, 22 scheduled, 1300+ tongues recorded.
• Women’s reservation in local bodies: \ge\dfrac{1}{3} seats.
• Elected local representatives: \sim36\text{ lakh}.
• Hindi speakers (mother tongue): 43.63\%; English mother tongue: 0.02\%.

Before-&-After (1992 Amendments) Snapshot

Possible Exam Triggers (Connect to Text Exercises)

• Map work: Locate Manipur, Sikkim, Chhattisgarh, Goa; mark three other federations.
• Differentiate federal vs. unitary with examples (USA vs. Sri Lanka).
• List differences in local govt pre/post-1992.
• Fill-in-blank: USA = coming-together; states equal & strong. India = holding-together; Union stronger.
• Multiple Choice: Distinguishing feature of federal govt → power divided among different levels (option d).

“Local self-government is the ultimate training ground for democracy.” – Implicit lesson from India’s three-tier federal coach.