DP(X)-LESSON-2 FEDERALISM (LESSON NOTES)

dp(x)-lesson-2

FEDERALISM

(LESSON NOTES)

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v INTRODUCTION

Ø In lesson 1 we have read about the different forms of power sharing. Federalism in one of the form of power sharing. In this lesson we read about federalism, its features, and how it is practiced in India. We also compare the federalism of India with USA.

v FEDERALISM

Ø A system of government in which the power is divided between a central authority and its various units of the country is called as federalism. Opposite of federalism is called as unitary government.

v differences between federalism and UNITARY GOVERNMENTS:-

federalism	UNITARY GOVERNMENT
A system of government in which more than one level of government.	A form of government in which only one level of government
in a federal system, the central government cannot order the state government to do something.	The central government can pass on orders to the provincial or the local government
Example- USA, India, Belgium	Examples-Nepal, Bhutan, Saudi Arabia

v KEY FEATURES OF FEDERALISM:

Ø There are two or more levels (or tiers) of government.

Ø Different tiers of government govern the same citizens, but each tier has its own JURISDICTION in specific matters of legislation, taxation and administration.

Ø The jurisdictions of the respective levels or tiers of government are specified in the constitution.

Ø The fundamental provisions of the constitution cannot be unilaterally changed by one level of government. Such changes require the consent of both the levels of government.

Ø Courts have the power to interpret the constitution and the powers of different levels of government.

Ø Sources of revenue for each level of government are clearly specified to ensure its financial autonomy.

Ø OBJECTIVES OF FEDERALISM

§  To safeguard and promote unity of the country.

§  To accommodate regional diversity.

v TWO KINDS OF FEDERATIONS

Ø ‘Coming together’ federations:

§  This route involves independent States coming together on their own to form a bigger unit

§  In coming together federation central government is less powerful than their units.

§  These types of ‘coming together’ federations include the USA, Switzerland and Australia.

Ø Holding together’ federations:

§  In this route a large country decides to divide its power between the constituent States and the national government.

§  In holding together federation central government is more powerful than its units.

§   India, Spain and Belgium are examples of this kind of ‘holding together’ federations.

v WHAT MAKES INDIA A FEDERAL COUNTRY

Ø All the features of federalism are found in our country. But India has a Qusi-Federal system. So it has combined features of unitary and federal system. In Indian constitution instead of federal word ‘Union of State’ is mentioned. These features make India as a federal country-

§  There is more than one level of government in India.

§  The Constitution clearly provided a three-fold distribution of legislative powers between the Union Government and the State Governments. It contains three lists:

·       Union List – It includes subjects of national importance. The Union Government alone can make laws relating to the subjects mentioned in the Union List. such as defence of the country, foreign affairs, banking, communications and currency.

·       State List – It 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.

·        Concurrent List –It includes subjects of common interest to both the Union Government as well as the State Governments, 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. such as education, forest, trade unions, marriage, adoption and succession.

·       All the subject which are not included in above list are known as residuary subject. On these subject central government has the power to make rules. For example- IT, computer etc.

§  India follow the holding together federation features so all the units do not have equal power as-

·       The areas which are too small to become an independent State but which could not be merged with any of the existing States are called as Union Territories. Like Chandigarh, or Lakshadweep or the capital city of Delhi, are Union Territories. These territories do not have the powers of a State. The Central Government has special powers in running these areas.

·       Some states like Jammu and Kashmir have special status under article-370(Now it is removed)

§  The power sharing arrangement cannot be changed by parliament only. Any change to it has to be first passed by both the Houses of Parliament with at least two-thirds majority and Then it has to be ratified by the legislatures of at least half of the total States.

§  In case of any dispute about the division of powers, the High Courts and the Supreme Court make a decision.

v HOW IS FEDERALISM PRACTISED

    Federalism is practiced in India by these three policies

Ø LINGUISTIC STATES

Ø Initially the Indian government doesn’t want to form the state on the basis of languages.

Ø But later on the boundaries of several old States of India were changed in order to create new States. This was done to ensure that people who spoke the same language lived in the same State. 

Ø Some States were created on based of culture, ethnicity or geography. These include States like Nagaland, Uttarakhand and Jharkhand.

Ø In 1953 Andhra Pradesh was formed on the basis of Telgu Language. After that in 1956 states were formed on the basis of language.

Ø Experience has shown that the formation of linguistic States has actually made the country, more united. It has also made administration easier.

Ø LANGUAGE POLICY

Ø Our Constitution did not give the status of national language to any one language.

Ø Hindi was identified as the official language. But Hindi is the mother tongue of only about 40 per cent of Indians.

Ø Besides Hindi, there are 21 other languages recognised as Scheduled Languages by the Constitution.

Ø States too have their own official languages. Much of the government work takes place in the official language of the concerned State.

Ø This language policy makes our country more united.

Ø CENTRE-STATE RELATIONS

Ø Federalism is also depending on the center state relation. In India after Independence for a long time the same party rule in center and state.

Ø This meant that in spite of constitutional provision the State governments did not exercise their power as autonomous federal units in reality.

Ø But after 1990 a new era started in which many regional parties emerged and single party coalition governments started to form in center.

Ø This led to a new culture of power sharing and respect for the autonomy of State Governments. It was supported by a major judgement of the Supreme Court that made it difficult to dismiss the state government.

Ø Thus, federal power sharing is more effective today than it was in the early years

COALITION GOVERNMENTS :- A government formed by the coming together of at least two political parties. Usually partners in a coalition form a political alliance and adopt a common programme.

v DECENTRALISATION IN INDIA

Ø Decentralisation: When power is taken away from Central and State governments and given to local government, that is called as decentralisation.

v NEED OF DECENTRALISATION IN INDIA

Ø India is a large country so it is difficult to solve the problem of people at only two units.

Ø At local level large number of problems and issues can be settled.

Ø By this it is possible for the people to directly participate in decision making.

v DECENTRALISATION IN INDIA BEFORE 1992

Ø Panchayats in villages and municipalities in urban areas were set up in all the States after independence.

Ø But they were under the control of state government.

Ø First time local government was set up in Rajasthan (Nagaur) In 1957

Ø Elections to these local governments were not held regularly.

Ø Local governments did not have any powers or resources of their own.

v DECENTRALISATION IN INDIA AFTER 1992

Ø A major step towards decentralisation was taken in 1992. The Constitution was amended (73 and 74 amendments) to make the third-tier of democracy more powerful and effective.

Ø Now it is constitutionally mandatory to hold regular elections to local government bodies.

Ø Seats are reserved in the elected bodies and the executive heads of these institutions for the Scheduled Castes, Scheduled Tribes and Other Backward Classes.

Ø At least one-third of all positions are reserved for women.

Ø An independent institution called the State Election Commission has been created in each State to conduct panchayat and municipal elections.

Ø The State governments are required to share some powers and revenue with local government bodies. The nature of sharing varies from State to State.

v STRUCTURE OF LOCAL GOVERNMENT

v RURAL LOCAL GOVERNMENT

Ø Rural local government is popularly known by the name panchayati raj. It has three levels as

Ø Gram panchayat

Ø The decision-making body for the entire village is called as gram panchayat. It is consisting of several ward members, often called panch, and a president or sarpanch.

Ø They are directly elected by all the adult population living in that ward or village.

Ø The panchayat works under the overall supervision of the gram sabha. All the voters in the village are its members. 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.

Ø Panchayat Samiti

Ø At block level few gram panchayats are grouped together to form what is usually called a panchayat samiti or block or mandal.

Ø The members of this representative body are elected by all the panchayat members in that area.

Ø Zilla (district) Parishad

Ø All the panchayat samitis or mandals in a district together constitute the zilla (district) parishad. Most members of the zilla parishad are elected.

Ø Members of the Lok Sabha and MLAs of that district and some other officials of other district level bodies are also its members.

Ø Zilla parishad chairperson is the political head of the zilla parishad.

ØLocal government in urban  MUNICIPALITIES

Ø Local government bodies in urban areas are known as Municipalities. It also as three levels as-

Ø Municipal Committees

Ø In small town it is the decision making body. The members are elected by the people from each ward known as ward councilor.

Ø Municipal Council

Ø In medium town the decision making body is Municipal Council.

Ø Municipal corporation

Ø In large towns or big cities the decision making body is known as municipal corporation. Head of Municipal Corporation is known the mayor.

v OUTCOME OF DECENTRALISATION

Ø Local government has helped to deepen democracy in our country.

Ø It has also increased women’s representation and voice in our democracy.

Ø There are now about 36 lakh elected representatives in the panchayats and municipalities etc., all over the country.

Ø This number is bigger than the population of many countries in the world.

v DIFFICULTIES IN DECENTRALISATION

Ø In spite of good result there are some difficulties found today as

Ø Elections are held regularly but gram sabhas are not held regularly.

Ø Most state governments have not transferred significant powers to the local governments.

Ø Local government does not have adequate resources.

Ø We are thus still a long way from realizing the ideal of self-government