Federalism
What is federalism?
what are the federal provisions in the Constitution?
issue involved in the relations between the center and the state?
the special provisions for the certain state having a distinct composition and historical features
1st
what is Federalism ?
2nd
context Why we Need Federalism
i)excessive centralization(no autonomy) and concentration of power can led to break up of countries example : USSR
How?
India being such a vast and having immense diversity is following federalism and sill united
What accounts for this achievement?
1st
What is not Federalism?
3rd
to understand Federalism we need to understand some key features?
details (power or autonomy) generally written in written document
bicameralism - autonomy may be differ in its own sphere of political system
must be having independence judiciary to settle dispute on division of power
federalism dose not consist of a set of fixed principals which are applied, to different historical situation. example USA federalism(First) is different form German and Indian
means, no fixed principal so no same application because no one having the same historical context
is attributes of our federal structure governance we adopted responsible?
is our nature of federal system?
the practice of federalism is responsible?
may be having dual identity or not
other aspect which also contribute for having federal features like
historical context
--culture of trust between regions
--cooperation on economic and trade level
--mutual respect for each other need between regions
recent development also determine federalism
--political parties determine the way constitution work in the context of federalism
linguistic identity and ideological identity of people also some how determine-?
I
and could led to secessionist movements (debated)
federalism did not only means the division of power but also dividing it in a manner that unite all the units in the nation-state
federalism in the Indian constitution
the whole idea of federalism in Indian context is based on a logic that form of the gov must be democratic
because India being a land of proportion of sub-continent with immense diversity like regional diversity and linguist diversity need division of power with unity
the question was what should be the extent of power to be enjoyed by the regional government?
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with two aspects federalism was introduce in India are -:
Article 1 :(1) India that is Bharat shall be a union of state
(2)The states and the territories thereof shall be as specified in the first schedule
ideal level
reality level
ideally we want to be democratic country for that we have to share power with center , state and local level
but... because of the bloody partition we adopted the principal of unity and cooperation b/w the center and state and separate powers to the state
because at that time centrifugal forces are active more than centripetal forces
How power is divided according to the principal of unity and cooperation
for india being united
Division Of Power
originally constitution created two set of government 1st - center , 2nd - states (units)
how power is granted?
constitution gave sanction to federalism by these provisions
i) constitutional status
ii) clearly define area of activity
iii) provide mechanism to resolve disputes in the case of conflict (independent and single-structure judiciary)
iv)clearly demarcate subjects of law making powers
v) constitution centralized the financial and economic power in the hand of center
Nature of federal system in India
Federalism with the strong center
why we need to have unity and cooperation principal in our constitution?
constitution makers gave two reasons
i)that would accommodate diversity
ii)wanted socio-economic problem of the country needed to be handled by strong center government in cooperation with the state
why?
i)that would accommodate diversity
ii)wanted socio-economic problem of the country needed to be handled by strong center government in cooperation with the state
some provision that create strong center
Center already has effective financial power and responsibilities
one of the financial power to distribute resource are consider lopsided and has led to the charges of discrimination against ruled by an opposition party
governor's power
emergency provision = federal polity into highly centralized system
Article 1,2,3, 368
state's constitutional status and area of activity is decided by the constitution but it can be changed be
by the parliament through their own discretion or even by taking the consideration from the states example : it happen when we divide the state in SI on the bases of language
Article 257 (1): the executive power of every state shall be so exercised as not to impede(delay or prevent) or prejudice the executive power of the union
and the executive power of the union shall extend to the giving of such direction to a state as may appear to the government of India to be necessary for that purpose
financial power
responsibility
state is dependent on center for financial resources(grants , financial assistance and loans) because center control revenue generating sources
Niti Ayog = coordinating machinery controls and supervises the resources is u/d union government
led to the centralized decision making on the subject of finance
center use its discretion to give grants and loan to states
cost of collecting the taxes is on the center solders
can recommend dismissal of the state government and it's assembly
on the recommendation of the COM if the state is not compromising during any crisis in the state or during the time of crisis
or violates the Constitution and threatens the administrative machinery
even in normal
governor has the power to reserve a bill passed by the state legislature , for the assent of the president
Unfortunate it give the center government power to delay the state legislation
but also give opportunity to examine such bill
if required to veto the bill completely
the constitution clearly state that executive power of the union are superior to the power of the state
there may be some occasion when the situation may demand that the center can make legislation on the matter of state list
officer selected under an integrated administrative system are under the control of the center government . State neither can take disciplinary action nor can they remove these officer from service
Article 33 , 34 - authorise the parliament to protect persons in the service of the union or the state in respect of any action taken by them during martial law to maintain or restore order
AFPS law is based on this provision
Conflict in India's Federal System
There are two kinds of tensions and conflict in the relations between the center and the state
i)Legal disputes - resolved by the judiciary
ii)political nature -demand for autonomy-resolved by discussion & deliberation
Demand for autonomy
role of the governors and President's rule
Center and State relation
Demand For new state
inter-state conflicts
why conflict arise
Conflict arises at the legal level which is resolved by the judiciary
Another reason is changing nature of the political process any reform at a financial level, administrative level, legislative level, or at governance level may raise conflict
we can understand through evolution
1950-1960 = The foundation of federalism was laid by Nehru it was the period of Congress domination
states are hopefull and develop u/d center grants and aid
First phase of autonomy
After 1960 somehow Congress domination declined and regional parties on rise. this peculiar political context gave rise to discussion the discussion of the concept of autonomy
Second phase of autonomy
After 1990 Congress domination ended and coalition policies both at the center and state began as a result
i) greater say for the state
ii) a respect for diversity
iii) beginning of a mature federalism