Federalism
What is federalism?
Federalism divides power between a central authority and constituent units.
Belgium transitioned from a unitary to a federal form of government, granting constitutional powers to regional governments.
Sri Lanka remains a unitary system with all powers held by the national government.
Federations have two or more levels of government with separate jurisdictions.
Powers and jurisdictions are specified in the constitution, and changes require consent from both levels of government.
Courts interpret the constitution and resolve disputes between different levels of government.
Federal systems aim to promote unity while accommodating regional diversity.
Trust and agreement are essential for effective power-sharing in federalism.
Balance of power between central and state governments varies in different federations.
Federations can be formed through independent states coming together or a large country dividing its power.
Holding together federations may have unequal powers among constituent units, with some granted special powers.
What makes India a federal country?
India is a Union of States based on the principles of federalism.
The Constitution provides for a two-tier system of government: Union Government (Central Government) and State governments.
A third tier of federalism was added with Panchayats and Municipalities.
Legislative powers are divided into Union List, State List, and Concurrent List.
Special provisions exist for certain states due to their unique social and historical circumstances.
Union Territories have limited powers, and the Central Government has special authority over them.
Changes to the power-sharing arrangement require a two-thirds majority in Parliament and ratification by state legislatures.
The judiciary oversees the implementation of constitutional provisions and resolves disputes.
Both Union and State governments have the power to raise resources through levying taxes.
How is federalism practised?
Success of federalism in India goes beyond constitutional provisions.
Democratic politics in India has played a crucial role in the success of federalism.
Creation of linguistic states was a significant test for democratic politics in India.
Boundaries of old states were changed to ensure people speaking the same language lived together.
Some states were created based on culture, ethnicity, or geography.
Initially, there were concerns about linguistic states leading to disintegration, but they have actually united the country.
Formation of linguistic states has facilitated easier administration.
Language policy
Language policy was a significant test for Indian federation.
Hindi was identified as the official language, but safeguards were in place to protect other languages.
The Constitution recognized 21 languages as Scheduled Languages.
States have their own official languages, and government work is conducted in the respective state’s language.
Unlike Sri Lanka, India adopted a cautious approach in spreading the use of Hindi.
The use of English for official purposes was supposed to end in 1965, but non-Hindi speaking states demanded its continuation.
The Central Government agreed to continue using English along with Hindi.
Critics argue that this favored the English-speaking elite.
Hindi promotion remains the official policy, but it cannot be imposed on states with different languages.
Flexibility shown by Indian political leaders helped avoid a situation like Sri Lanka.
Centre-State relations
Restructuring Centre-State relations has strengthened federalism in practice.
The implementation of constitutional power-sharing arrangements depends on the ruling parties and leaders.
Previously, when the same party ruled at the Centre and in most states, State Governments didn’t exercise their autonomy.
Different ruling parties at the Centre and states led to attempts to undermine state power.
The rise of regional political parties and coalition governments since 1990 fostered power sharing and respect for state autonomy.
A Supreme Court judgment made it difficult for the Central Government to dismiss state governments arbitrarily.
Federal power sharing is more effective today compared to the early years of the Constitution.
Decentralisation in India
India’s size and diversity necessitate a third tier of government for effective federalism.
Decentralization transfers power from central and state governments to local governments.
Decentralization promotes local self-government, democratic participation, and efficient decision-making.
The Constitution recognizes the need for decentralization, and efforts have been made to establish local government bodies.
A significant step was taken in 1992 to empower the third-tier of democracy.
Regular elections, reserved seats for marginalized groups, and representation for women were constitutionally mandated.
State governments must share powers and revenue with local government bodies, although the extent varies.
Rural local government is known as panchayati raj, with gram panchayats at the village level.
Panchayat samitis or mandals represent a group of gram panchayats, and zilla parishads represent a district.
Urban areas have municipalities and municipal corporations governed by elected bodies.
Constitutional status for local government has strengthened democracy and women’s representation.
Challenges remain, including inadequate powers and resources transferred to local governments, irregular gram sabha meetings, and a long way to go to achieve true self-government.
The Central Government is authorised to make laws on subjects in Residuary list.
To safeguard and promote unity of the country, while accommodating regional diversity.