Federalis

m Grade X SPL
Federalism
Connect with the previous topic :
Vertical division of power among different levels of government is
one of the major forms of power sharing in modern democracies.

Federalism

We will try to connect the topic — ‘Federalism’ in Indian context.

Federalism
What is Federalism ?

Belgium Sri lanka

(Recall and Analyse)

● Belgium shifted from a Unitary to a federal form of government.

● Sri Lanka continues to be, for all practical purposes, a unitary purpose where
the national government has all the powers.

Federalism Unitary System

Federalism
Federalism Unitary System
- Federalism is the system of government in - Federations are contrasted with Unitary
which power is divided between a central government.
authority and various constituent units of - Under Unitary System, either there is only
the country. one level of government or the sub - units
- Usually, a federation has two levels of are subordinate to the central government.
government. - The central government can pass on
- One is the government for the entire orders to the provincial or the local
country that is usually responsible for few government.
subjects of national common interest.
- The others are governments at the level of
provinces or states that look after much of
the day - to - day.
- Both these levels of government enjoy
their power independent of the other.
Federalism
Key feature of Federalism :
1. There are two or more levels (two tiers) of government.
2. Different tiers of government govern the same citizens, but each tier
has its own jurisdiction in specific matters of legislation, taxation
and administration.
3. The jurisdictions of the respective levels or tiers of the government
are specified in the constitution. So the existence and authority of
each tier of government is constitutionally guaranteed.
4. The fundamental provisions of the constitutions cannot be
unilaterally changed by one level of the government.
5. Courts have the power to interpret the constitution and the powers
of different levels of government. The highest courts act as an
umpire if the disputes arrive between different levels of government
in the exercise of their respective powers.
6. Sources of revenue for each level of government are clearly
specified to ensure its financial autonomy.
Federalism
7. The Federal system thus has dual objectives.
i. To safeguard and promote unity of the country.
ii. Accommodate regional priority.

Two aspects are crucial for the institutions and practise of federalism.
- Governments at different levels should agree to some rules of power - sharing.
- They should also trust that each would abide by its part of agreement.

Ideal Federal System

Mutual trust and agreement to live together
Federalism
The exact balance of power between the central and the state government
varies from one federation to another.
There are two kinds of routes through which federations have been formed.

Coming together federations Holding together federations

- Involves independent states coming - A large country decides to divide its power
together on their own to form a bigger unit, between the constituent states and the
so that by pooling sovereignty and national government.
retaining identity they can increase their - India, Spain and Belgium are examples.
security. - The central government tends to be more
- USA, switzerland and Australia. powerful vis - a - vis the states.
- All the constituent states usually have - Very often different constituent units of the
equal power and are strong vis - a - vis the federation have unequal power. Some
federal government. units are granted special powers.
Federalism
What makes India a federal country ?
(Try to understand the topic)

The constitution declared India as a Union of States. Although it did

not use the word federation , the Indian Union is based on the
principles of federalism.

Features of federalism : Do these features apply to the provisions of Indian

constitution.
Federalism
What makes India a federal country ?

1. The constitution originally provided for a two tier system of government, the
Union government or what we call the Central government, representing the Union
of India and the State governments.

Later , a third tier of federalism was added in the form of Panchayats and
Municipalities.
2. Each tier of government has its own jurisdiction, specified in constitution.

The constitution clearly provided a three fold distribution of legislative powers

between the Union government and the State governments.

Union list State list Concurrent list

Federalism
Union list
- Includes subjects of national importance such as the defence of the
country, foreign offers, banking, communications and currencies.
- They are included in this list because we need a uniform policy on these
matters throughout the country.
- The Union government alone can make laws relating to the subjects
mentioned in the Union list.

State list
- Contains subjects of state and local importance such as police, trade,
commerce, agriculture and irrigation.
- The State governments alone can make laws relating to the subjects
mentioned in the state list.
Federalism
Concurrent list
- Includes subjects of common interest to both the Union government as well
as the State government, such as education, forest, trade unions, marriage ,
adoption and succession.
- Both the Union as well as the State governments can make laws on the
subjects mentioned in this list.
- If their laws conflict with each other, the law made by the union government
will prevail.
(Question)

Residuary subjects - All those subjects which do not fall in any of the list and
came up after the constitution was made.
Example : Computer software (Only Central government can make laws on them)
Federalism
3. Holding together federation - Do not give equal power to its constituent
units.
- All states in the Indian Union do not have identical powers.
- Some States enjoy a special status.
(Explain)
- Earlier Jammu and kashmir had its own constitution.
- Article 371 gives many special powers to some of the states.
Eg : States in North East
Federalism
Concept of Union territory
- Units of the Indian Union which enjoy very little power.
- These are areas which are too small to become an independent State but
which could not be merged with any of the existing States.
- These territories do not have the powers of a State.
- The Central government has special powers in running these areas.
Example : Chandigarh, Lakshadweep and Delhi
Federalism
4. The fundamental provisions of the constitution cannot be unilaterally
changed by one level of government.

Power sharing :
- Basic to the structure of the constitution.
- It is not easy to make changes to this power sharing arrangement.

● The Parliament cannot change this arrangement on its own.

● Any change to it has to be first passed by both the Houses of Parliament with
at least two - thirds majority.
● Then it has to be ratified by the legislatures to at least half of the total states.
Federalism
5. The Judiciary plans an important role in overseeing the implementation
of constitutional provisions and procedures.

In case of any dispute about the divisions of power, the high courts and the
supreme court make a decision .

6. The Union and the State government have the powers to raise resources
by levying taxes in order to carry on the government and the responsibilities
assigned to each of them.
Federalism
How is Federalism practiced ?

Federalism v/s Success of Federalism

- Constitutional provisions are necessary for the success of federalism but
these are not sufficient.
- The real success of Federalism in India can be attributed to the nature of
democratic politics in our country.

(Explain)
Federalism
1. Linguistic states —--- People who spoke the same language lived in the
same state.
The creation of linguistic states was the first and a major test for democratic
politics in our country.
Federalism
Creation of linguistic states.
- Some states were created not on the basis
of language but to recognise differences
based on culture, ethnicity or geography.
- These includes states like Nagaland ,
Uttarakhand and Jharkhand.
Federalism
- Some national leaders feared

Creation of linguistic state would lead to the disintegration of the country.

Therefore, the Central Government resisted linguistic states for some time.
(Outcome)

- But the experience has shown that the formation of linguistic states has
actually made the country, more united.
- It has also made administration easier.
Federalism
2. Language policy
Our constitution did not give the status of national language to anyone language.
(connect with Federalism)

Is Hindi our national language ?

- Hindi was identified as the official language.
- Besides Hindi, there are 21 other languages recognised as Scheduled
Languages by the constitution.
- A candidate in an examination conducted for the Central government
positions may opt to take the examination in any of these languages.
- States too have their own official languages.
Federalism
Hindi v/s English
- The leaders of our country adopted a very cautious attitude in
spreading the use of Hindi.
According to the constitution, the use of English for official
purposes was to stop in 1965.
- Many non Hindi speaking states demanded that the use of
English continue.
- In Tamilnadu, this movement took a violent form.
- The Central Government responded by agreeing to continue
the use of English along with for official purposes.
Federalism
Accommodative promotion of Hindi
Promotion of Hindi continues to be the official policy of the Government of
India.

Right or Wrong

Promotion does not mean that the Central Government can impose Hindi on
States where people speak a different language.

- The flexibility shown by the Indian political leaders helped our country
avoid the kind of situation that Sri Lanka finds itself in.
Federalism
3. Centre State Relation

Influences the practice of Federalism in the country.

(Constitutional arrangements for sharing power in reality
depends to large extent on how the ruling parties and leaders
follow these arrangements.)

Centre - State relations and Federalism

Before 1990s After 1990s

Federalism
Centre - State relations and Federalism

Before 1990s After 1990s

- The same party ruled both at the Centre and - This period saw the rise of regional political
in most of the State. parties in many States of the Country.
- This meant that the State Governments did - This was also the beginning of the era of
not exercise their rights as autonomous Coalition Government at the Centre.
federal units. - Since no single party got a clear majority in
- The Central Government would often misuse the Lok Sabha, the major national parties had
the Constitution to dismiss the State to enter into an alliance with many parties
governments that were controlled by rival including several regional parties to form a
parties. government at the Centre.
- This undermined the spirit of Federalism. - This led to a new culture of power sharing
and respect for the autonomy of State
Governments.
Federalism
Decentralisation in India
Federal System —---- Two or more then two tiers of Governments.

Federal power sharing in India needs another tier of Government, below that of the
State governments.

Decentralisation

When power is taken away from the Central and the State governments and given
to local government.
Federalism
The rationale behind Decentralisation :
- There are a large number of problems and issues which are best settled at the
local level.
- People have better knowledge of problems in their localities.
- They 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.
Federalism
- There were several attempts to decentralise power.
Not very much successful — Why ?
- Panchayats and municipalities were set up in all the states but these were
directly under the control of state governments.
- Elections to these local governments were not held regularly.
- Local governments did not have any powers or resources of their own.
- Thus, there was very little decentralisation in effective terms.
Federalism
A major step towards decentralisation was taken in 1992.
Constitutional Amendment (73rd and 74th) —- Why ??
- Now its 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. The nature of sharing varies from State to State.
Federalism
Local self Government

Rural Local Government Urban Local Government

or or
Panchayati Raj Municipalities
Federalism
Rural Local Government
Gram Panchayat
- Each village, or a group of villages in some States, has a Gram Panchayat.
- This is a council consisting of several ward members, often called Panch and a
president or Sarpanch.
- They are directly elected by all the adult population living in that ward or
village.
- It is the decision making body for the entire village.
- The Panchayat works under the overall supervision of the gram sabha. (Gram
Sabha is a body consisting of all adult voters in a gram panchayat.)

It has to meet at least twice or thrice in a year to approve the annual budget of the
gram panchayat and to review the performance of the gram panchayat.
Federalism
Zilla parishad —- District level

Panchayat Samiti —-- Block level

Gram Panchayat —---- Village level

Federalism
Structure of Rural Local Government

Gram Panchayat —-- Panchayat Samiti / Block /Mandal—--- Zilla Parishad

A few gram panchayats are grouped together to form what is usually called a
panchayat samiti or block or mandal.
The members of this representative body are elected by all the panchayat members in
that area.

- All the panchayat samitis or mandals in a district together constitute the Zilla
(district) parishad.
- Most members of Zilla parishad are elected.
- Members of the Lok Sabha and MLAs of that district and some other officials of
other district level bodies are also its members.
- Zilla Parishad chairperson is the political head of the Zilla Parishad.
Federalism
Urban Local Government
Local government bodies for urban areas.
- Municipalities are set up in towns.
- Big cities are constituted into Municipal corporations.
- Both Municipalities and Municipal corporations are controlled by elected
bodies consisting of people’s representatives.
- Municipal chairperson is the political head of the municipality.
- In a Municipal corporation such an officer is called the Mayor.
Federalism
Local self government
Achievement ?
- There are now about 36 lakh elected representatives in the panchayats
and municipalities etc, all over the country.
- Constitutional status for local government has helped to deepen the
democracy in our country.
- It has also increased women’s representation and voice in our democracy.
(Challenges)
Federalism
Challenges
- While elections are held regularly and enthusiastically, gram sabhas are
not held regularly.
- Most state governments have not transferred significant powers to the
Local government.
- Nor have they given adequate resources.
- We are thus still a long way from realising the ideal of self - government.
Thank
You