Federalism

What is federalism?

– 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.
– Federalism divides power between a central authority and constituent units.
– 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.