Federalism
What is federalism?
Definition of federalism?
Form of vertical power sharing between different levels of government - usually central and provincial
Both levels of government have powers independent of each other
Power sharing is such that central govt looks after issues of national interest while provincial govt looks after issues of day-to-day administration
How is a federal system different from the unitary system?
In federal system, powers of state government are guaranteed by the constitution.
In federal system, state government is not answerable to the central government
In Unitary system, provincial govts either don't exists or are subordinate to central govt with central govt having powers to instruct the state govt.
What are the key features of federalism?
Two or more levels (or tiers) of government.
Different tiers of government govern the same citizens, but each tier has its own JURISDICTION - legislation, taxation and administration.
Jurisdiction of each level of govt is constitutionally guaranteed.
Changes to fundamental provisions of constitution require consent of both levels of government.
Courts interpret the constitution and constitutional powers of different levels of government.
Highest court acts as an umpire if disputes arise between different levels of government.
Sources of revenue for each level of government are clearly specified
Dual objective of system: unity and regional diversity.
What are the two types of federations?
'Holding together' federation
A large country divides it's powers between states and centre
Central govt is generally more powerful than state govts
Some state units have more powers than others
Ex : India, Canada
'Comming together' federalism
Independent states come together to pool sovereignty and powers for security purposes
State govts have equal powers w.r.t each other
State govts more powerful than central govts
Ex : USA , Switzeland
What makes Indian a federal country?
Indian consitution declares India as a Union of states and is based on the principles of federalism
Constitution provides threefold distribution of powers - State list, Central list and Concurrent list
Residuary powers lie with the centre
Overlap in a law of centre and state on a law on subject in concurrent list --> Central law would prevail
'Holding together' model of federalism in India
Central govt more powerful than state govt
State govts have different powers and status
Art 371 gives special status to states like Andhra Pradesh, Sikkim etc
Parliament on it's own can't change the distribution of powers between centre and states
Higher Judiciary interprets the constitution, powers of central and states govts and decides on disputes between the two levels of govt
How is federalism practised in India?
Reason for success of federalism in India?
Nature of democratic politics
Respect for diversity
Desire to live together
Strong constitutional features preserving federaalism
Major examples of h federalism becoming successful in India?
Linguistic states
Language policy
Centre-state relations
Formation of linguistic states strengthened the unity of the country - Famous historian Ramchandra Guha subscribes to this view
Formation of linguistic states made administration easier
Recognised and respected the differences in languages, cultures and ethnicities of population in different regions of the country
Hindi was adopted as official language but not imposed by political leaders on non-Hindi speaking states
21 languages became part of the Eighth schedule which could be utilised by states for official purposes
Use of English for official purposes wasn't stopped post 1965 as was prescribed by the Constiution makers
Till 1990, centre dominated states
Same party ruled at centre thus making easy for centre to overpower states
Use of constitutional provisions by centre to undermine state govts where rival party was in power in state
Post 1990, more balanced relationship between centre and states
Supreme Court judgements which curtailed the powers of centre to dismiss state govts in arbitrary manner
Coalition govts in centre with regional parties playing major role in these coalition govts gave regional parties considerable influence in Indian politics
Decentralisation in India
What is decentraliation?
When power is taken away from Central and State governments and given to local government, it is called decentralisation.
What is the rationale behind decentralisation of power?
Size of states in India is very large which requires another level of govt below state govt for administrative ease
Several issues are best settled at the local level. Localites also have better ideas on where to spend money and how to manage things more efficiently.
At the local level it is possible for the people to directly participate in decision making. This helps to inculcate a habit of democratic participation.
Steps taken in India to to ensure decentralisation
Constitution recognised the need for decentralisation
Amendment to Constitution in 1192 to introduce the 3rd tier of governance below state level
constitutionally mandatory to hold regular elections to local government bodies.
Seats are reserved in the elected bodies and the executive heads of these institutions for the Scheduled Castes, Scheduled Tribes and Other Backward Classes.
At least one-third of all positions are reserved for women.
An independent institution called the State Election Commission has been created in each State to conduct panchayat and municipal elections.
The State governments are required to share some powers and revenue with local government bodies
What is the structure of 3rd tier of govt introduced by the Constitutional amendment in 1992?
Rural Local govt called Panchayati Raj system
Urban local govts
Municipalities
Municipal corporations in big cities
Municipal chairperson
Mayor is the political head
Pachayat
Grams Sabha
Panchayat Samiti/Block/Mandal
Zila Parishad