1 Department – Political Science and Human Rights Semester- B.A. 6th Semester Paper- Indian Federalism Note- I do not claim the material provided hereunder as my intellectual property as this is the collection from the writings of different scholars uploaded on websites. I have just collected, edited and arranged articles in one file according to syllabus for the purpose of enriching the students for preparation of their exams during the lockdown period. Students can also use various online sources for better understanding. I expressed my heartfelt thanks to all the authors whose writings have been incorporated in preparing this material. Introduction to Federalism If you have studied our constitution carefully, you will see it calls India a “Union of States”. This statement is what gives our country a federal structure. Let us learn more about federalism and why we call India a quasi-federal country. What is Federalism? Federalism is compound mode of two governments. That is, in one system there will be a mixture of two governments – state government with central government. In India, we can describe federalism as a distribution of authority around local, national, and state governments. This is similar to Canadian model of political organization. Federalism is at its core a system where the dual machinery of government functions. Generally, under federalism, there are two levels of government. One is a central authority which looks after the major affairs of the country. The other is more of a local government which looks after the day to day functioning and activities of their particular region. For example, our Indian Constitution says that India too is a federal country. As you know we have two levels of parliament, the at center the Union government and at State level, we have the individual State governments. Federalism is a system of government in which powers have been divided between the centre and its constituent parts such as states or provinces. It is an institutional mechanism to accommodate two sets of politics, one at the centre or national level and second at the regional or provincial level. Both the seats of power are autonomous in their own spheres. A federal system is different from a unitary system in that sovereignty is constitutionally split between two territorial levels so that each level can act independently of each other in some areas. There are two kinds of federations: 1. Holding Together Federation – in this type, powers are shared between various constituent parts to accommodate the diversity in the whole entity. Here, powers are generally tilted towards the central authority. Example: India, Spain, Belgium. 2 2. Coming Together Federation – in this type, independent states come together to form a larger unit. Here, states enjoy more autonomy as compared to the holding together kind of federation. Example: USA, Australia, Switzerland. Features of Federalism The best way to comprehensively understand the federal system is to learn about its features. These characteristics combined to reflect the true essence of federalism. Let us study them. 1. Governments at least two levels 2. Division of powers between various levels 3. Rigidity of constitution 4. Independence judiciary 5. Dual citizenship 6. Bicameralism The essential feature, which is the definition of federalism is that there are two levels of governance in the country at least. There can even be more. But the entire power is not concentrated with one government. All levels of governance will govern the same citizens, but their jurisdiction will be different. This means that each level of government will have a specific power to form laws, legislate and execute these laws. Both of the governments will have clearly marked jurisdiction. It will not be that one of the government is just a figurehead government. Another important feature is that the constitution must guarantee this federal system of government. Which means the powers and duties of both or all governments must be listed down in the constitution of that country hence guaranteeing a federal system of governance. As stated above the federalism of a country must be prescribed by the constitution. But it is also important that just one level of government cannot make unilateral changes or amendments to the important and essential provisions of the constitution. Such changes must be approved by all the levels of the government to be carried through. Now there are two levels of government with separate jurisdictions and separate duties. Yet there is still a possibility that a conflict may arise between the two. Well in a federal state, it will fall upon the courts or rather the judiciary to resolve this conflict. The courts must have the power to interfere in such a situation and reach a resolution. While there is power sharing between the two levels of government, there should also be a system in place for revenue sharing. Both levels of government should have their own autonomous revenue streams. Because if one such government depends on the other for funds to carry out its functions, it really is not autonomous in its true nature. India – A Federal State 3 India is a federal country. But not once in the constitution is the word “federation” ever mentioned. Instead what is said is that India is a “Union of States’. Actually many historians believe that India is a quasi-federal country. It means it is a federal state with some features of a unitary government. Let us see the reasons. The constitution of India has essentially prescribed a federal state of government. As you already know we have several levels of government, The Government at the center, which id the Lok Sabha and the Rajya Sabha. Then the various state governments, the Vidhan Sabhas, and the Vidhan Parishad. And finally, we have the Municipal Corporations and the Panchayats, which are forms of local governance. Our constitution makes a clear demarcation about legislative powers and jurisdictions. It is done through the three lists. Union List: This includes subjects that carry national importance, like defense, finance, railways, banking etc. So such subjects only the Central Government is allowed to make laws. State List: Includes all matters important to the functioning of a particular trade like transport, Trade, Commerce, agriculture etc. The state government is the deciding authority for framing laws on these subjects Concurrent List: This list includes topics on which both the Union and the state government can make laws. These are related to education, forests, trade unions etc. One point to be noted is if the two governments are in conflict with these laws, the decision of the Union Government will prevail, It is the final authority. Unitary Features of the Indian Constitution Unitary Features of constitution make a centralized government. It is a government in which all powers held by the government belong to a single, central agency. A unitary system is governed constitutionally as one single unit. All power is top down. A unitary state is a sovereign state governed as one single unit in which the central government is supreme. Unitary government is known as a centralized government. In such government all powers held by the government belong to a single, central agency. The central government creates local units of government for its own convenience. A unitary system is governed constitutionally as one single unit, with one constitutionally created legislature. All power is top down. A unitary state is a sovereign state governed as one single unit in which the central government has the supreme power. Besides the federal features, the Indian Constitution also possesses the following unitary or Non- federal features: 1. Strong Centre The division of powers is in favour of the Centre and highly inequitable from the federal angle. Firstly, the Union List contains more subjects than the State List. Secondly, the more important 4 subjects have been included in the Union List. Thirdly, the Centre has overriding authority over the Concurrent List. Finally, the residuary powers have also been left with the Centre, while in the USA, they are vested in the states. Thus, the Constitution has made the Centre very strong. 2. States Not Indestructible Unlike in other federations, the states in India have no right to territorial integrity. The Parliament can by unilateral action change the area, boundaries or name of any state. Moreover, it requires only a simple majority and not a special majority. Hence, the Indian Federation is “an indestructible Union of destructible states”. The American Federation, on the other hand, is described as “an indestructible Union of indestructible states”. 3. Single Constitution:- Usually, in a federation, the states have the right to frame their own Constitution separate from that of the Centre. In India, on the contrary, no such power is given to the states. The Constitution of India embodies not only the Constitution of the Centre but also those of the states. Both the Centre and the states must operate within this single-frame. The only exception in this regard is the case of Jammu and Kashmir which has its own (state) Constitution. 4. Flexibility of the Constitution:- The process of constitutional amendment is less rigid than what is found in other federations. The bulk of the Constitution can be amended by the unilateral action of the Parliament, either by simple majority or by special majority. Further, the power to initiate an amendment to the Constitution lies only with the Centre. In US, the states can also propose an amendment to the Constitution. 5. No Equality of State Representation:- The states are given representation in the Rajya Sabha on the basis of population. Hence, the membership varies from 1 to 31. In US, on the other hand, the principle of equality of representation of states in the Upper House is fully recognised.