CONTENT LIST
What is federalism?
Federalism is a form of government in which power is divided between the central authority and several other units constituting the government.
Federal countries have two significant government levels, and each level enjoys multiple powers that are independent of one another.
• The central government is responsible for handling few subjects which are related to entire nation. The central government plans for development of entire nation.
• The state governments take care the day-to-day administration of individual states/provinces. They are responsible for developing their state or province only.
Indian constitution don't use federation word in context of country but the Indian Republic was formed on the basis Union of states. Which is similar that of federalism.
The Indian Constitution originally provided for a two-tier system of government. The Union Government or Central Government and state government only. Later a third tier was introduced in the federation; with the formation of Panchayats and Municipalities in India.
Key Features of Federalism:
• There are two or more levels of government in federalism.
• Different level of government govern the same citizens, but each level has its own jurisdiction in specific matters of legislation, taxation and administration.
• The jurisdictions of the respective levels of government are clearly described in the constitution.
• The fundamental provisions of the constitution cannot be changed by any level of government. Any changes require the consent of both the levels of government.
• The judiciary resolves conflict between central and state government in case any disputes arise due to the exercise of their powers by the government.
• Sources of revenue for each level of government are well defined to ensure its financial autonomy.
• The federal system serve for dual objectives: It safeguard and promote unity of the country, while at the same time accommodate regional diversity.
• Federalism ensures constitutional guarantees for the existence and authority of each tier of government.
Distribution of legislative powers in India
The Indian constitution clearly defined a threefold distribution of legislative powers between the Union government and state government. They are :-
• Union List
• State List
• Concurrent list
• It includes all subjects of national importance such as the defense of the country, foreign affairs, banking, communications and currency.
• The Union Government has sole right to make laws relating to the subjects mentioned in Union list.
• It contains subjects of State and local importance . Example land related issue, police, trade, commerce, agriculture and irrigation.
• The State Governments has full right to make laws relating to the subjects mentioned in this list.
• It includes all subjects of common interest to both the central Government as well as the State Governments.
• The list includes subjects relating to education, forest, trade unions, marriage, adoption and succession.
• Both Governments can make laws on the subjects mentioned in this list.
• In the event of conflict of laws with each other, the law made by the central Government will be considered.
Those subjects which are not described any of the three lists or any other matter that will arise in future are considered as residuary subjects.
Two Crucial Aspects Of Federalism
• Government of different levels should agree to some rules of power sharing i.e. division of power.
• The central and the state government should also have mutual trust that each would abide agreement.
Type of federalism
There are two kind of federation: Coming together Federation and Holding together Federation.
Holding Together Federation is a kind of federalism where a large country decides to divide its power between the constituent states .Examples India, Belgium and Spain.
Coming Together Federation is a kind of federalism in which independent states coming together to form a bigger unit and all constituent units have equal power Examples USA , Australia .
What has made India a federal country?
1. Indian constitution declare India as a union of states.
2. There are three tier of governance system such, central, state and Gram panchayat.
3. Legislative power of central and state government are clearly described in constitution.
4.All states of Union not have identical powers.
5.Change in constitution required to pass in parliamentary from third majority.
6. Incase of dispute , apex court is the final authority for resolution of matter.
How does India practice federalism?
Federalism is practiced in India by adopting following strategy:
Linguistic States was formed. This was the first and a major test for democratic politics in India. In 1947, the boundaries of several old States were changed and created new States. This was done to ensure that people who spoke the same language lived together in the same State.
There is no single language is designated as a national language as per Constitution. Hindi and English both are treated as officials language. Apart from Hindi, the Constitution recognizes other 21 languages as Scheduled Languages. States have official languages of their own.
Restructuring the Centre-State relations is the way in which federalism has been strengthened in practice in India . If no single party attains a clear majority in the Lok Sabha, the major national parties can alliance with many parties including regional parties to form a government at the Centre. Thus developed to a new culture of power-sharing and respect for the autonomy of State Governments.
