This document defines federalism and compares the features of federal and unitary systems of government. It then discusses how federalism is practiced in India, including through the creation of linguistic states, language policy, and center-state relations. Decentralization of power to local governments is explained as rationalized by India's large size and diversity. Key changes to strengthen local governments after the 1992 constitutional amendment include regular elections, reservation of seats for marginalized groups, and revenue sharing between states and local bodies.
This document defines federalism and compares the features of federal and unitary systems of government. It then discusses how federalism is practiced in India, including through the creation of linguistic states, language policy, and center-state relations. Decentralization of power to local governments is explained as rationalized by India's large size and diversity. Key changes to strengthen local governments after the 1992 constitutional amendment include regular elections, reservation of seats for marginalized groups, and revenue sharing between states and local bodies.
This document defines federalism and compares the features of federal and unitary systems of government. It then discusses how federalism is practiced in India, including through the creation of linguistic states, language policy, and center-state relations. Decentralization of power to local governments is explained as rationalized by India's large size and diversity. Key changes to strengthen local governments after the 1992 constitutional amendment include regular elections, reservation of seats for marginalized groups, and revenue sharing between states and local bodies.
Definition Federalism is a system of government in which the power is divided between a central and state or provincial government. Federal Government Unitary Government
1- There are two or more 1- Generally there is only
levels of governments one level of government. e.g., national, state and In case of sub-units, they local governments. are subordinate to the national government. 2- There is division of 2- There is no division of powers between different powers. The central or levels of government. national government has all the powers. 3- State governments are 3- The state governments or not answerable to the sub-units are answerable central or national to the central government. government. Federal Government Unitary Government
4- Jurisdiction of each 4- All powers are with the
government is specified in the central government. There is constitution. no separate jurisdiction for the sub-units. The central government can grant powers and take them back at 5- Constitutional amendments anytime. cannot be made without the 5- The central government consent of the state alone can make constitutional governments. amendment like an ordinary 6- Sources of revenue are law. divided among different levels 6- Sources of revenue are of government. controlled by the central government. Features • Two or more levels of government There are two or more levels of government that is national, state and local government. • Separate jurisdiction Different levels of government have separate jurisdiction in specific matters of legislation, taxation and administration. • Guarantee of the constitution for separate jurisdiction Features Each level of government has separate jurisdicti0on that is mentioned in the constitution and cannot be changed unilaterally by the central government. • Amendment to the constitution No government—central or state—can amend the constitution alone. Consent and approval of both types of government is needed for amendment to the constitution, especially fundamental provisions. Features • Interpretation of the constitution In case of any dispute between the centre and the states, the federal courts like the Supreme Court of India, decide and interpret the constitution. • Sources of revenue Different levels of government enjoy financial autonomy. Sources of revenue are divided and specified under the constitution. • Dual objectives To safeguard and promote unity of the country. To accommodate regional diversity. It is based on mutual trust and agreement to live together. Two routes for formation of federations in different countries • Coming together federations It involves independent states coming together on their own to form a bigger unit, so that by pooling sovereignty and retaining identity they can increase their security. It includes the USA, Switzerland and Australia. In this all the constituent states usually have equal powers and are strong in relation to the federal government. Two routes for formation of federations in different countries • Holding together federations In this a large country decides to divide its power between the constituent states and the national government. India, Spain and Belgium are its examples. Central tends to be more powerful in relation to the states. Very often, different constituent units of the federation have unequal powers. Some units are granted special powers. What makes India a federal country? Two or three levels of government • Division of powers – Union list – State list – Concurrent list – Residuary subjects • Special powers/provisions for some states in India • Amendment to the constitution • Independent courts and interpretation of the constitution • Independent resources How is federalism practised? Linguistic states In 1950s, several old states vanished from the political map of India and new states came into existence by changing the area as well as the boundaries of the old states. This was done to ensure that people who spoke the same language lived in the same state. Some states were created not on the basis of language, but to recognize differences based on culture, ethnicity or geography. These include states like Nagaland, Uttarakhand and Jharkhand. How is federalism practised? Language policy India is a multi-linguistic country. Our constitution recognizes 22 languages including Hindi as scheduled language. Hindi, which is spoken by 40% people, is the official language. The candidates in the civil service examinations can opt for any language. How is federalism practised? The states have their own official language. According to our constitution, the use of English for official purposes was to stop in 1965. The leaders adopted a cautious approach. When the time to stop English for official purposes came, there was opposition from non-Hindi states. Agitations too were started. It was therefore decided that English would continue along with Hindi for official purposes. How is federalism practised? Official Language Act provides that English would remain the official language for the country so long as non-Hindi speaking states desire. Thus, this approach has helped in avoiding confrontation with non-Hindi speaking states, particularly Tamil Nadu. It has also strengthened the spirit of federalism. The flexibility shown by political leaders has thus helped to avoid the kind of situation that is found in Sri Lanka. How is federalism practised? Centre-State relations • Constitution provides for division of powers between centre and states. In reality, however much depends on the ruling parties at the centre and the states. • In the beginning, the central governments and state governments were controlled by one political party, which is Congress. The central government dominated over the state governments. How is federalism practised? • After 1967, when some opposition or different political parties came to power in the states, the relations between the centre and the states changed. The central government misused the powers under Article 356 of the constitution and dismissed the governments led by the rival parties. This was against the spirit of federalism. How is federalism practised? • After 1990, coalition was formed at the centre. Regional parties became powerful in the states. Since no single party was able to secure majority, different parties formed alliances, such as NDA, and UPA. Under such arrangement, culture for power-sharing and respect for autonomy of state governments spread in India. The Supreme Court too made it difficult for the central government to dismiss the state governments in an arbitrary manner. Thus federal structure has been strengthened by the coming of coalition governments and centre- state relations in the present situation. What is Decentralisation? When power is taken away from central and state government and given to local government, it is called decentralisation. What is the rationale for decentralisation of power? A vast country like India cannot be run only through these two tiers (centre and state). States in India are as large independent countries of Europe. What is Decentralisation? In terms of population, UP is bigger than Russia, Maharashtra is about as big as Germany. Many of these states are internally very diverse. There is thus a need for power- sharing within these states. Federal power- sharing in India needs another tier of government below that of the state government. This is the rationale for decentralisation of power. Thus resulted a third tier of government called local government. What is the basic idea behind the decentralisation in India? The basic idea behind decentralisation is that there are a large no. of problems and issues which are best settled at the local level. • People have better knowledge of problems in their localities. • They also have better ideas on where to spend money and how to manage things more efficiently. • At the local level it is possible for the people to directly participate in decision-making. This helps to inculcate a habit of democratic participation. • Local government is the best way to realise one important principle of democracy, namely local-self-government. Local government before and after the constitutional amendment in 1992 Before 1992 Village Panchayat and Municipalities were directly under the direct control of the State government. Elections to these local governments were not held regularly. Local government did not have powers or resources of their own. There was very little decentralisation in effective terms. Local government before and after the constitutional amendment in 1992 After 1992 Now it is constitutionally mandatory to hold regular elections to local government bodies. Seats are reserved in the elected bodies and the executive heads of these institutions for the scheduled castes, scheduled tribes and other backward classes. At least 1/3rd of all positions are reserved for women. An independent called the State Election Commission has been created in each state to conduct Panchayat and Municipal elections. The state governments are required to share some powers and revenue wit local government bodies. The nature of sharing varies from state to state. Rural Local government in India Panchayati Raj: Rural local government is popularly known by the name Panchayati Raj. Each village, or a group of villages in some states, has a gram panchayat. This is a council consisting of several ward members often called Panch, and a president or, Sarpanch. They are directly elected by all the adult population living in that ward or village. It is the decision-making body for the entire village. The Panchayat works under the overall supervision of the Gram Sabha. Rural Local government in India 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. Panchayat Samiti/Block Samiti: A few Gram Panchayats are grouped together to form what is called a Panchayat Samiti or Block Samiti.. The members of this representative body are elected by all the Panchayat members in that area. Rural Local government in India Zilla Parishad: All the Panchayat Samitis or Mandals in a district together constitute the Zilla Parishad. Most members of the Zilla Parishad are elected. Members of the Lok Sabha and the MLAs of that district and some other officials of other district-level bodies are also its members. Zilla Parishad chairperson is the political head of the Zilla Parishad. Urban Local Self Governing bodies Local government bodies exist for urban areas as well. Municipalities are set up in towns. Big cities are constituted into Municipal corporations. • Both Municipalities and Municipal corporations are controlled by elected bodies consisting of people’s representatives. • Municipal Chairperson is the political head of the Municipality. In Municipal corporation, such an officer is called a Mayor. Achievements of the new system of local government Achievements This new system of local government is the largest experiment in democracy conducted anywhere in the world. There are now about 36 lac elected representatives in the Panchayats and Municipalities etc. all over the country. This no. is bigger than the population of many countries of the world. Constitutional status for local government has helped to deepen democracy in the country. It has also increased women’s representation and voice in our democracy. Achievements of the new system of local government Problems While elections are held regularly, Gram Sabhas are not held regularly. Most state governments have not transferred significant powers to the local government, nor have they given adequate resources. We are thus still a long way from realising the ideal of self-government.