Federalism

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Federalism

• Definition of Federalism: Federalism is a system of governance where power is divided between a central authority and regional entities, like states or provinces. This division of powers ensures a unique balance that plays a pivotal role in the functioning of a country.
• Historical Context: To appreciate federalism, a glimpse into its historical roots is essential. Many nations have adopted this system to address diverse populations and promote unity without stifling regional identities. Understanding this history provides valuable insights into the evolution of governance structures.
• Importance of Understanding Federalism: Federalism isn’t just a term found in textbooks; it influences our daily lives. From the allocation of resources to decision-making processes, federalism shapes how governments function. 

Basic Concept of Federalism

• Power Division: Federalism means sharing power between a central government and regional entities like states or provinces.
• Federal vs. Unitary: Federal divides power, while unitary centralizes it. Federal systems have shared responsibilities; unitary systems concentrate power nationally.
• Real-world Examples: In the U.S., power is divided between the federal government and states. Germany follows a similar federal structure.
• Flexibility for Diversity: Federalism adapts to diverse populations and regional differences, making it suitable for large and culturally varied nations.
• Checks and Balances: Federalism includes checks and balances, preventing misuse of power. Each level of government has specific roles, ensuring accountability.

Divisions of Powers

• Central and State Responsibilities: Central government handles national matters like defense and foreign policy. State governments manage local affairs such as education and law enforcement.
• Distinct Roles: Each level of government has specific roles, avoiding duplication and ensuring efficiency.
• Shared Powers: Some powers, like taxation, are shared, fostering cooperation between central and state entities.
• Checks and Balances: Federalism includes checks and balances to prevent the misuse of power and maintain stability.
• Flexibility for Change: Federalism is adaptable, allowing adjustments to meet evolving national needs over time.

Benefits of Federalism

• Promotion of Diversity: Federalism accommodates diverse regional cultures and identities, fostering a sense of inclusivity.
• Efficient Governance: Local governments can respond quickly to the unique needs of their communities, leading to more efficient and targeted governance.
• Local Autonomy: State governments have autonomy in decision-making, allowing them to tailor policies to suit the preferences and needs of their residents.
• Balanced Power: The division of powers ensures a balance between a strong central government and the autonomy of individual states, preventing the concentration of power.
• Responsive to Local Issues: Federal systems enable governments to address local issues promptly, as they are closer to the citizens and better understand their concerns.

Challenges and Criticism

• Potential for Conflict: The division of powers can lead to conflicts between the central and state governments, hindering effective decision-making.
• Coordination Issues: Coordinating policies and actions between multiple levels of government can be challenging, resulting in inefficiencies.
• Financial Disparities: Economic imbalances may arise among states, leading to disparities in resources and development opportunities.
• Complexity in Governance: The multi-layered structure of federalism can create complexities in governance, making it challenging to navigate and understand.
• Critiques of Inefficiency: Some critics argue that federal systems can be inefficient, with duplication of efforts and a potential lack of uniformity in laws and policies.

Comparative Federalism

• Global Variations: Federal systems vary globally, with each nation adapting federalism to its unique historical, cultural, and political context.
• Structural Differences: Different countries have distinct structures of federalism, such as dual federalism in the U.S. and cooperative federalism in India, reflecting diverse approaches to governance.
• Degree of Autonomy: The level of autonomy granted to states varies. Some federal systems provide extensive autonomy, while others have a more centralized approach.
• Adaptability to Diversity: Comparative federalism highlights the adaptability of this system to accommodate diverse populations and regional disparities.
• Lessons for Governance: Studying comparative federalism provides valuable lessons for governance, offering insights into what works well in different contexts and what challenges may arise.

Types of Federalism

1. Coming Together Federation:

• Definition: Small, independent units voluntarily unite to form a larger entity, combining their sovereignty while retaining individual identities.
• Characteristics:
  • Constituent states have equal power.
  • Federal government’s authority is limited to agreed-upon areas.
• Examples: USA, Switzerland, Australia.

2. Holding Together Federation:

• Definition: A larger country chooses to decentralize power among constituent states, with the central government holding more authority.
• Characteristics:
  • Central government is more powerful than state governments.
  • Constituent units may have unequal powers, with some granted special privileges.
• Examples: India, Belgium, Spain.

What Makes India A Federal Country?

• Distribution of Powers: India follows a federal structure where powers are divided between the central government and individual states. The Constitution clearly outlines the responsibilities of each level of government.
• Dual Polity System: The presence of two distinct levels of government – the Union (Central) Government and the State Governments – establishes a dual polity, each with its specified domain.
• Written Constitution: India has a written constitution that explicitly defines the distribution of powers between the center and states. This legal document forms the basis for the federal framework.
• Independent Judiciary: An independent judiciary acts as the interpreter of the Constitution and resolves disputes between the center and states. This ensures a fair and impartial system of justice.
• Residual Powers with the Center: While both the center and states have assigned powers, the Constitution grants residual powers to the central government. These powers cover areas not explicitly allocated, providing a degree of flexibility.
• Bicameral Legislature: India’s Parliament consists of two houses – the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). This bicameral structure contributes to federal decision-making.
• Representation of States: The Rajya Sabha represents the states in the federal decision-making process, contributing to a balanced representation and reflecting the federal character.
• Flexible Amendment Procedure: The Constitution allows for amendments to accommodate changing needs, reflecting an adaptability that is essential in a federal system.

Union List:

• The Union List is part of the Seventh Schedule.
  • It includes matters of national interest requiring uniform laws.
• Key Details:
  • Number of Subjects: 100
  • Legislative Authority: Exclusive to the central government.
  • Examples: Defense, foreign affairs, banking, communication.
• Constitutional Safeguard:
  • States are barred from legislating on Union List subjects.
  • Constitutional amendments affecting federalism require a two-thirds majority in Parliament and approval by at least half of the states.

State List:

• The State List is part of the Seventh Schedule.
  • It includes matters of local and provincial importance.
• Key Details:
  • Number of Subjects: 61
  • Legislative Authority: Exclusive to state governments.
  • Examples: Police, commerce, trade, agriculture.
• Constitutional Safeguard:
  • Exclusive legislative power on State List matters.
  • Constitutional amendments affecting federalism require a two-thirds majority in Parliament and approval by at least half of the states.

Concurrent List Overview:

• The Concurrent List is part of the Seventh Schedule.
  • It includes matters of common interest to both the center and states.
• Key Details:
  • Number of Subjects: 47
  • Legislative Authority: Shared between the center and states.
  • Examples: Education, marriage, bankruptcy.
• Constitutional Safeguard:
  • In case of conflict, center’s laws on Concurrent List subjects prevail.
  • Constitutional amendments affecting federalism require a two-thirds majority in Parliament and approval by at least half of the states.

Practicing Federalism

Respecting Diversity:

• The success of federalism in India is not just determined by constitutional provisions but by a profound respect for diversity and a willingness to coexist.
• Linguistic States:
  • Post-independence, demands for linguistic reorganization arose, especially in the southern parts.
  • Creation of linguistic states, starting with Andhra Pradesh, strengthened national integrity and facilitated more efficient administration.
• Language Policy:
  • India, being linguistically diverse, avoids declaring any language as the official language of the country.
  • The constitution prescribes Hindi and English for central government use, while state governments can use Hindi, English, or any local language.
  • Recognizing 21 languages in the eighth schedule ensures inclusivity and allows candidates to attempt exams in any of these languages.
• Center-State Relations:
  • Initial years saw one-party rule at both center and state levels, limiting state autonomy.
  • Rise of regional politics post-1990 led to power-sharing demands and the emergence of regional parties.
  • Friction between central and state governments was resolved by the Supreme Court, preventing central government monopoly.
  • Coalition governments, driven by the need for mutual support, enhanced mutual respect, strengthening federalism.
• Supreme Court’s Role:
  • The Supreme Court played a crucial role in resolving conflicts between the center and states, ensuring a balance in power distribution.
• Trend of Coalition Governments:
  • Rise in regional parties and the trend of coalition governments highlighted the necessity for political parties to work collaboratively.
  • Coalition governments fostered mutual respect, contributing to the robust practice of federalism in India.

Decentralization in India

• Mahatma Gandhi’s vision of village panchayats influenced the initiation of decentralization.
• The 73rd Constitutional Amendment in 1992 made it compulsory for all states to establish village panchayats in each district.
• Decentralization focuses on resolving local issues at the grassroots level, utilizing the firsthand knowledge of residents.
• Transferring powers to local governments empowers people to participate directly in decision-making, ensuring decisions align with local needs.
• Decentralization fosters inclusivity by allowing even the remotest residents to participate in decision-making, promoting a more democratic and responsive governance structure.
• The Constitution mandates regular elections for local government bodies, ensuring continuous representation and democratic governance at the grassroots level.
• Constitutional provisions include the reservation of seats in local body elections for scheduled castes, scheduled tribes, and other backward castes, promoting inclusive representation.
• To enhance gender diversity, at least one-third of seats in local bodies are reserved for women, encouraging their active participation in decision-making.
• Each state has an independent State Election Commission responsible for conducting local body elections, ensuring impartiality and fairness in the electoral process.
• Constitutional obligations require state governments to share power and revenue with local bodies, fostering a decentralized governance structure.

Panchayati Raj System

• The Panchayati Raj system is a decentralized form of local governance in India, promoting grassroots democracy.
• It comprises a three-tier structure – Gram Panchayat at the village level, Panchayat Samiti at the intermediate level, and Zila Parishad at the district level.
• Members of these Panchayats are elected by local residents, ensuring direct representation and participation in local governance.
• Panchayati Raj aims to empower rural communities, providing them with a voice in local decision-making, resource allocation, and development planning.
• Constitutionally recognized and supported by the 73rd Constitutional Amendment Act of 1992, the Panchayati Raj system mandates the establishment of Panchayats in all states.

Municipalities

Urban local bodies, known as municipal committees for smaller towns and municipal corporations for larger cities, operate parallel to rural governance. Elected members from different wards, led by a municipal chairman or mayor, constitute these bodies. Alongside, a key government official, the Municipal Executive Officer or Municipal Commissioner, plays a vital role. This urban local governance model represents a global experiment in democracy, showcasing the constitutional status of local government in India, contributing to increased women’s participation and representation in the democratic process.