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?

click to edit

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