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FEDERALISM (NATURE OF INDIAN FEDRALISM (K.C WHEARE : INDIAN FEDRALISM …
FEDERALISM
NATURE OF INDIAN FEDRALISM
K.C WHEARE :
INDIAN FEDRALISM :QUASI FEDRAL: FEDRAL IN FORM & UNITARY IN SPIRIT
DIVSION OF POWER TITLED TOWARDS CENTRE.
RESIDUARY POWER WITH CENTRE
ARTICLE 3
EMERGENCY FEATURES.. ETC.
INTEGRATED JUDICAIRY
OFFICE OF GOVERNOR
SINGLE CITZENSHIP
SINGLE EC, CAG, FC
GRANVILLE AUSTIN: ..
HE DOESN'T AGREE WITH KC WHEARE
.. THERE IS DIFFRENCE IN TEXT & CONTEXT
HOW ? GIVE A SUITABLE EXAMPLE
ARTICLE 3 A NON FEDRAL FEATURE??
FEDERAL
IF CONSIDERING ART 3 AS NON FEDERAL: LEGALISTIC APPROACH... COMPARING INDIAN FED. WITH USA MODEL: COMING TOGETHER
INDIA FEDERAL SYSTEM IS SUI-GENERIS.. INDIA FEDERATION HOLDING TOGETHER TYPE: FEDERATION TO ADDRESS INDIAN DIVERSITY...
HISTORICALLY IN INDIA: PROVINCES CREATED BY BRITISH FOR ADMINSTRATIVE EASE & ALSO PRINCLY STATES UNDER BRITISH PARAMOUNTACY WHEN CONS. WAS FORMED SO THEY ALSO NOT SOVERIGN
FLEXIBILTY WITH WHICH INTERNAL MAP OF INDIA CAN BE REDRAWN REFLECTS THE FAR SIGHTED APPROACH OF CONS. ASSEMBLY
HAD ARTICLE 3 HAD NOT BEEN THERE INDIA COULDN'T HAVE SURVIVED DANGEROUS DECADES..INDIA'S INTERNAL MAP IS STILL UNSETTLE TO MEET THE GENIUNE ASPIRATION OF ITS PEOPLE
NOT A FEDERAL FEATURE:
TERRITORIAL INTEGRITY IS NOT ASSURED: INDIA INDESTRUCTIBLE UNION OF DESTRUCTIBLE STATES
KC WHEARE
APPROACH IS LEGALISTIC
WHEREAS
FEDRALISM IS DYNAMIC
CONCPT
KC WHEARE APPROCH IS ETHNOCENTRIC(US MODEL AS IDEAL TYPE) IS WRONG
HOW CAN YOU SAY CONCEPT OF FEDERALISM IS DYNAMIC ?
OVER PERIOD OF TIME POWER IS SHIFTED TOWARDS FERAL GOVT IN USA:
WHY POWER SHIFTED ?
FACTORS LEAD TO SHIFTING OF POWER
2.INCREASING ROLE OF USA IN INTERNATIONAL POLTICS
3.DOCTRINE OF IMPLIED POWER: GIVEN BY US SUPREME COURT IN NAME OF SECURITY
4.US GOVT. ADOPTING WELFARE APPROACH
1.AMERICAN CIVIL WAR
FORMER US PREZ . ROOSEVELT COINED WORD NEW FEDRALISM
DYNAMIC NATURE OF FEDERALISM IN INDIA
HOW?
BARGAINING POWER OF STATES INCREASED AS THE COILATION GOVT. BECOMES REGULAR
SIMILARLY. SINCE BREAKDOWN OF CONGRESS SYSTEM IN 1967 .. THERE IS GRADUAL INCREASE IN POWER OF STATES IN INDIA
CONCLUSION (AUSTIN WINS THE DEBATE)
3 POINTS CAN BE DRAWN
2 ALSO INDIAN FED. HAS
ALL THREE FEATURES OF FED
.
AND INDIAN SC IN SR BOMMAI CASE HELD THAT
FED. IS BASIC STRUCTURE OF CONS
.
1
SO INDIAN MODEL IS SUI GENERIS: BASED ON INDIAN NEEDS.
BASED ON DYNAMIC NATURE OF FED
TWO ISSUES WRT TO FEDERALISM
IMPACT ON NATURE OF INDIAN FEDERALISM DUE TO GLOBALIZATION
INTERNAL: : CHANGE IN PARTY POLITICES IN INDIA
IMPACT OF PARTY SYSTEM ON FEDRALISM
SITUATION 3: IN 1989: THERE IS FURTHER BREAKING OF NATIONAL PARTIES... WHICH LED TO COILATION GOVTS. NOW COILATION INCREASED BARGAINING POWER OF STATES.... FLOW OF POWER FROM CENTRE TO STATE
SITUATION 1: SAME PARTY AT UNION & STATES: COOPERATIVE FEDRELISM... IN CONGRESS SYSTEM TILL 1967
FEDRALISM IDEALLY WORKS WELL WITH PRESIDENTIAL FORM OF GOVT.... AS PARLIAMENTARY FORM DISTORTS FEDRALISM BECOZ OF PARTY POLITICS
SITUATION 2 : DIFFERENT PARTIES AT UNION & STATE: THAN COOPERATIVE WILL TURN INTO BARGAINING FEDERALISM.. AND ALSO COOPERATIVE BARGAINING CAN EXIST SIMONTANOUSLY... AFTER BREAKDOWN OF CONGRESS SYSTEM
EXTERNAL: GLOBALISTION
CASE 1: DEPENDENCE OF STATES ON UNION HAS REDUCED
1.FINANCIAL DEPENDENCE REDUCED
HOW?
WITH INTRO. OF LPG REFORMS..
:arrow_double_down:
ROLLING BACK OF STATE
:arrow_double_down:
SO FORGIEN CAPITAL IS ATTRACTED BY STATE
:arrow_double_down:
CAN FUEL GROWTH & INFRASTRUCTURE DEVELOPMENT
ADMINISTRATIVE CONTROL OF UNION EASED
WHY?
STRUCTURAL ADJUSTMENT REQUIRES GOOD GOVERNANCE... GG NOT POSSIBLE W/O ADMINISTRATIVE & FINANCIAL DEVOLUTION
3. PLANNING COMMISSION FOR TOUTED AS ANTI FEDERAL BODY... NOW REPLACED WITH A INCLUSIVE BODY .. NITI AYOG
4.GST REFORM WILL STRENGTHEN STATES.. LIKE WRT TO SERVICE TAX
REDUCTION IN CENTRALLY SPONSORED SCHEMES.. SO THAT CAN ACT ACC TO ITS OWN
AFTER TENTH FINANCE COMMISSION : INCREASE IN % OF SHARING OF UNION TAXES WITH STATES.. LIKE 42 % BY 14TH F.C
CASE 2: GLOBALISTAION INCRESE IN POWER OF UNION
HOW?
2.GLOBALISTION
:arrow_double_down:
GLOBAL SECURITY THREATS
:arrow_double_down: TERRORISM
:arrow_double_down:
THIS LED TO ESTD. OF NIA, NCTC IS IN PIPELINE.
INTERNATIONAL AGREEMENT LIKE ON AGRICULTURE.. CORE ISSUE OF STATE LIST....
UNION DICTATING THE OPPORTUNITY
WHY?
3.GLOBALISATION REQUIE INTEGARTION WITH THE WORLD BUT FOR IT INDIA NEEDS TO BE INTEGRATED INTERNALLY
SO PRESENT PM EMPHASISING OF COOPERATIVE FEDRALISM:"SAB KA SAATH SABKA VIKAS"
SHOULD THERE BE 2ND STATE REORGANIZATION ORG.
YES : MORE NO. SMALLER STATES
FOR
GOOD GOVERNANCE
& BALANCED REGIONAL DEVELOPMENT: ADVANI & MAYAWATI
2. TO ESTD. FEDERAL BALANCE (IN TERM OF GRANT DEVOLUTION, NO. OF SEATS IN LS, RS ETC)....
NORTHERN STATES TO BE REORGANISED. INTO SMALLER STATES: AMBEDKAR
3.STATES TO RATIONALISED ACC. TO POPULATION
: INDIA SHOULD HAVE ATLEAST 50 STATES: BIBEK DEBROY
ARGUMENTS AGIANST:
NO RELATION B/W SIZE & G.G
TAMIL NADU: A BIGGER STATE... YET GOVERNED IN BETTER WAY.. JHARKHAND SMALLER BUT POORLY GOVERNED
NO RELATION B/W SIZE & DEVELOPMENT:
GROWTH STORY OF PUNJAB IS OVER
NEW SATE: NEW MINISTERIAL SET UP, NEW BUREAUCRACY: NECESSARY EXPENDITURE
4.IT WILL OPEN PANDORA BOX: AS MORE & MORE DEMAND OF STATES: WILL LEAD TO STAGE WHERE VILLAGE BECOME STATE
5.MAY LEAD TO BALKANIZATION OF COUNTRY
6.NEW SATE MAY BE NOT ECONOMICALLY VIABLE: THEY WILL BE LIKE UNION TERRITORIES
ROAD AHEAD:
1.SINCE 73RD & 74TH CONSAA DEMAND FOR STATES CARRY LIMITED RELEVANCE.
:arrow_double_down:
2.ALL ITS NEED TO STRENGTHEN UP THIS DEMOCRATIC DECENTRALIZATION
3 THERE IS NO NEED OF 2ND SRC. GOVT SHOULD CONSIDER ON CASE BY CASE BASIS: WHERE GENUINE ASPIRATION OF PEOPLE EXISTS & NOT A THREAT TO NATIONAL SECURITY
POLITICAL NATURE OF STATE FORMATION IN INDIA
ACC.
LOUIS TILLIN: INHER BOOK "REMAPING INDIA"... ANALYSED STATE FORMATION INDIA
STATE FORMATION IN INDIA HAS NEVER A STRAIGHT FORWARD ISSUE.. RATHER SHAPED BY INTEREST OF INTEREST OF RULING PARTY AT CENTRE
ILLUSTRATE WITH EXAMPLE
LIKE BEFORE INDEPENDENCE CONGRESS RESOLUTION: LINGUISTIC REORGANISATION OF STATES
BUT REAL FEAR WAS MORE SMALLER NO. OF SATES MORE INTER SATE DISPUTE LIKE ON RIVER..> WHICH WILL LEAD DILUTION OF BASE OF CONGRESS PARTY
& FEAR CAME OUT TO BE TRUE AS AFTER STATE REORGANISATION... IT LEAD TO BREAKDOWN OF CONGRESS SYTEM
BUT NEHRU REFUSED AFTER INDEP. HE DENIED IN NAME OF UNITY IN DIVERSITY..
PRESPECTIVES ON FORMATION OF STATE IN INDIA
LOUISE TILLIN : 3 WAVES OF FORMATION OF STATES
1ST WAVE: 1960-70'S LINGUISTIC REORG. 1ST IN SOUTH THAN NORTH
2ND WAVE: 1970-80'S ETHNIC REORG. MAINLY OF NORTH EASTERN STATES
3RD WAVE: 2000 HINDI HEARTLAND REORG. IN NAME OF GOOD GOVERNANCE & DEVELOPMENT
SOCIOLOGICAL: DEMAND FOR STATE FROM MARGINALISED SECTIONS.. WHO ARE DEPRIVED OF DEVELOPMENTAL GAINS
ADMINISTRATIVE: STATES TO REORG. FOR ADMINISTRATIVE EASE.. LIKE MAYAWATI ASKING FOR DIVISION OF UP.
POLITICAL : LOUIS TILLAIN & CHRISTOPHER JEFFRENOT: IN STSTE REORG. ONLY POLITICAL CALCULATION OF RULING PARTY WORKS
INTRODUCTION
WHAT IS FEDERALISM
?
THERE ARE 2 TYPES OF FEDERALISM
1 US:
COMING TOGETHER FEDERATION
: INDESTRUCTIBLE UNION OF INDESTRUCTIBLE STATES: DUAL FEDRALISM
2 INDIA :
HOLDING TOGETHER MODEL
: INDESTRUCTIBLE UNION OF DESTRUCTIBLE STATES: COOPRATIVE FEDRALISM
DIFFRENCE BETWEEN US V/S INDIAN FEDRALISM
1
US
SYMMETRICAL
FED.... INDIA
ASYMMETRICAL
2
US :
CENTRIFUGAL
AS FLOW OF POWER TOWARDS STATES....
INDIA
CENTRIPETAL
: FLOW OF POWER INCLINED TOWARDS CENTRE
3
US:
LEGISLATIVE FED.
: AS RESIDAURY POWER WITH STATES..
INDIA:
EXECUTIVE FED
UNION IS DEPENDENT ON STATES FOR IMPLEMNTATION OF LAWS & POLICIES
3 REQUIREMENTS OF FEDRALISM
INDEPENDENT JUDICAIRY
WRITTEN CONSTITUTION
DIVISION OF POWERS(ORIGNAL POWERS.. NOT DELEGATED BY SOME ONE BUT BESTOWED BY CONSTITUTION).. FOR DUAL GOVT.
STATES(FULL FLEDGED GOVT. IN ITS OWN JURISDICTION AS PER CONS.) NOT SUBORDINATE TO UNION LIKE UNITARY GOVT.
STATES SURRENDER THEIR EXTERNAL SOVEREIGNTY(DIFFERENCE B/W FEDERATION & CONFEDERATION)... THUS DIVISION OF POWER DOESN'T APPLY TO INTERNATIONAL TREATIES
DIVISION OF POWER DOESN'T MEAN DELEGATION(EXECUTIVE) OR DEVOLUTION OF POWER(LEGISLATIVE).. RATHER DECENTRALIZATION OF POWER(CONSTITUTIONAL)..
ORIGIN: DERIVED FROM WORD
FEODUS
:
CONTARCTS
(CONSTITUTION B/W UNITS).. US 1ST FEDRATION