FEDERALISM 

What is Federalism ? 

USSR broke into several countries after 1989 and one major reason for its break up was the excessive centralisation and the domination of Russia over other regions. e.g. Uzbekistan.

Czechoslovakia, Yugoslavia, and Pakistan also had to face a division of the country. Canada came on the brink of partition between English and French speaking regions. 

It’s a great achievement that India has remained united for over seven decades of its existence and the nature of the federal system and the practice of federalism are important factors behind this. 

Federalism as a principle of government has evolved differently in different situations. For example federalism in USA is different from Germany or India.

But there are a few key ideas and concepts associated with federalism: 

 

Key Ideas of Federalism

Federalism is an institutional mechanism to accommodate two sets of polities- at union and state levels. People can also have dual citizenship(eg. USA) although India has only a single citizenship. 

The people have two sets of identities—they belong to the region as well as the nation, for example we are Gujaratis or Jharkhandis as well as Indians. 

The details of this dual system of government are generally spelt out in a written constitution, which is considered to be supreme and which is also the source of the power of both sets of government. 

To prevent conflicts between the centre and the State, there is an independent judiciary to settle disputes.

Apart from these key ideas, real politics, culture, ideology and history determine the actual working of a federation. 

Practice of Federalism 

A culture of trust, cooperation, mutual respect and restraint helps federations to function smoothly. 

If a single unit such as a state or a group dominates the entire federation then it causes resentment and sometimes even secessionist tendencies among the other units. 

For example, lack of trust between different religions and ethnic groups in Nigeria led to a military regime and even today, after the restoration of democracy, local ethnic communities resist centralised control of the oil resources. 

Federalism in the Indian Constitution 

- Most Leaders of our national freedom movement knew that to govern a vast country such as India power should be divided between provincial and Central Government. 

- Once the decision to partition India was taken, the Constituent Assembly decided to frame a government that would be based on the principles of unity and cooperation between the centre and the States and separate powers to the States. 

Division of Powers  

 Both the Union government and the state governments have a constitutional status and clearly identified area of activity. 

The Constitution clearly demarcates subjects, which are under the exclusive domain of the Union and those under the States based on three lists.

Union List  

- Defense, Atomic energy, Foreign Affairs, War and Peace, Banking, Railways, Post and Telegraph, foreign trade. 

- Union Legislature alone can make laws on these matters. 

State List 

- Agriculture, Police, Prison, Local Government , Public Health, Land, Liquor, Trade, Commerce, Livestock and Animal Husbandry , State Public Services.

- Normally only the State Legislature can make laws on these matters 

Concurrent List 

- Education, Transfer of Property other than Agricultural land, Forests, Trade Unions, Adulteration, Adoption and Succession. 

- Both the Union and State Legislature alone can make laws on these matters. 

Residuary Powers include all other matters not mentioned in any of the Lists. For example: Cyber Laws. Union Legislature alone has the power to legislate on such matters.

Federalism with a strong Central Government

The framers of the Constitution advocated for a federal constitution to accommodate diversities. But they also wanted to create a strong centre to stem disintegration and bring about social and political change. 

During Independence this was necessary to fully integrate the provinces and more than 500 princely states into a nation.

The makers of the Constitution also believed that the socio-economic problems such as poverty, illiteracy and inequalities of wealth which needed planning and coordination should be handled by a strong central government in cooperation with the States. 

Provisions that create a strong Centre

1. The Parliament is empowered to ‘form a new State by separation of territory from any State or by uniting two or more States. It can also alter the boundary of any State or even its name.

2. During an emergency, power becomes lawfully centralised. Parliament also assumes the power to make laws on subjects within the jurisdiction of the States. 

3. The central government has many revenue sources and the States have immense responsibilities but very meagre revenue sources. Thus States are mostly dependent on the grants and financial assistance from the centre. 

4. Planning as an instrument, led to considerable centralisation of economic decision making. 

5. The Union government uses its discretion to give grants and loans to States which has led to allegations of discrimination with states ruled by rival parties.

6. The Governor has powers to recommend dismissal of the State government and the dissolution of the Assembly. He can also reserve a bill passed by the state legislature for the assent of the President.

 7. After ratification by Rajya Sabha, Parliament can also legislate on subject mentioned in the State list. 

8. The Constitution clearly states that executive powers of the centre are superior to the executive powers of the States. Furthermore, the central government can give instructions to the State government. 

9. The all-India services such as IAS, IPS are under the control of the central government. States can neither take disciplinary action nor can they remove these officers from service. 

10. Articles 33 and 34 authorise the Parliament to protect persons in the service of the union or a state in respect of any action taken by them during martial law to maintain or restore order. The Armed Forces Special Powers Act has been made on the basis of these provisions. 

Conflicts in India’s Federal System 

States have demanded that they should be given more powers and more autonomy. This leads to tensions and conflicts in the relations between the centre and the States. 

Centre-State Relations Over Time

- Federalism in India has been influenced by the changing nature of the political process.

- During the 1950's and 1960’s Congress had dominance over the centre as well as the States and apart from the issue of formation of new States, relations between the centre and the States remained normal. 

- In the middle of the 1960s, in a large number of States opposition parties came to power and they demanded for greater powers and greater autonomy to the States. It gave birth to a discussion about the concept of autonomy under a federal system.

-   Finally, since the 1990s,we have entered an era of coalition politics. This has resulted in a greater say for the States, a respect for diversity and the beginning of a more mature federalism.

Demands for Autonomy

Many States and political parties have demanded that States should have more autonomy from the central government.

Different meanings of Autonomy

- Demands over a change in the division of powers, in favour of the States, and assigning more powers and important powers to the States. For example by DMK in Tamil Nadu, Akali Dal in Punjab etc. 

- Another demand is that States should have independent sources of revenue and greater control over the resources. This is also known as financial autonomy. For example by Left government in West Bengal. 

- Demands over the autonomy relating to administrative power of the States.

- Autonomy demands may also be related to cultural and linguistic issues. For example, during the decade of 1960s, there were agitations in some States against the imposition of the Hindi language.    

Role of Governors and President’s Rule

- The Governor is not an elected office-holder and is appointed by the central government.

- The actions of the Governor are viewed as interference by the Central government in the functioning of the State government especially when these are ruled by different parties.

- For this reason the Sarkaria Commission recommended that appointments of Governors should be strictly non-partisan.

- Article 356 says that Governor can impose President’s rule in a state, when a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution,

President’s rule results in the takeover of the State government by the Union government. The President’s proclamation has to be ratified by Parliament. President’s rule can be extended till three years. Supreme Court has ruled that the constitutional validity of the decision to impose President’s rule can be examined by the judiciary.

- This has led to many conflicts. In some cases, State governments were dismissed even when they had a majority in the legislature. 

- After 1967, this provision was misused a lot, to dismiss state governments run by opposition parties.

Demands for New States

- The national movement not only created a pan-Indian national unity; it also generated distinct unity around a common language, region and culture.

- During freedom struggle, it was promised that the States would be created on the basis of common cultural and linguistic identity. 

- This led to demands for the formation of states on the basis of language and culture. Many such states such as Andhra Pradesh, Gujarat, Punjab, Uttarakhand have been formed.

- But some regions and linguistic groups are still struggling for separate Statehood like Vidarbha in Maharashtra.

Interstate Conflicts

- There have been many instances of disputes between two States or among more than two States.

- Broadly, states have two types of disputes among them. Border Disputes and disputes over the sharing of river waters. 

- Border disputes arise as people in border areas generally speak more than one language and this area can go to either of the bordering states.

--- Some examples are: dispute between Maharashtra and Karnataka over the city of Belgaum and dispute between Punjab and Haryana over the capital city of Chandigarh.

--- Generally border disputes are more about sentiments of people.

- River waters disputes are even more serious, because they are related to problems of drinking water and agriculture in the concerned States.

--- For example the Cauvery water dispute between Tamil Nadu and Karnataka. Gujarat, Madhya Pradesh and Maharashtra are battling over sharing the waters of Narmada river.

Special Provisions

1. The most extraordinary feature of the federal arrangement created in India is that many States get a differential treatment. 

2. Different states have different representations in Rajya Sabha.

3. The Constitution has some special provisions for some States given their peculiar social and historical circumstances. 

4. Most of the special provisions pertain to the north eastern States (Assam, Nagaland, Arunachal Pradesh, Mizoram, etc.) mainly due to their sizable indigenous tribal population with a distinct history and culture. 

5. Special provisions also exist for hilly States like Himachal Pradesh and some other States like Andhra Pradesh, Goa, Gujarat, Maharashtra, Sikkim and Telangana.

6. Jammu and Kashmir:

-- Jammu and Kashmir was a large princely state which had the option of joining India or Pakistan.

-- In October 1947, when Pakistan sent tribal infiltrators to J&K, Maharaja Hari Singh acceded to the Indian Union.

-- Many of the Muslim majority areas/states joined Pakistan, but J&K was an exception. Under these circumstances, it was given much greater autonomy by the Constitution.

-- According to Article 370, the concurrence of the State was required for making any laws in matters mentioned in the Union and Concurrent lists.

-- There was a constitutional provision that allowed the President, with the concurrence of the State government, to specify which parts of the Union list should apply to the State. Under this the large parts of the Constitution were made applicable to the State. 

-- Other differences were that no emergency due to internal disturbances and no amendment to Indian Constitution could apply without the concurrence of state. No financial emergency could be imposed and Directive principles were not applicable to J&K.

-- At present, the special status given under 370 no longer exists.

-- By the Jammu and Kashmir reorganisation Act 2019, the State has been bifurcated into two Union Territories viz., (i) Jammu and Kashmir and (ii) Ladakh. 

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