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| Class 10th Chapters | ||
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| 1. Power-Sharing | 2. Federalism | 3. Gender, Religion And Caste |
| 4. Political Parties | 5. Outcomes Of Democracy | |
Chapter 2 Federalism
Building on the previous chapter's discussion of power-sharing, this chapter delves specifically into the vertical division of power among different levels of government. This arrangement is most commonly known as federalism. We will first explore the general concept of federalism, then examine its application and functioning within the Indian context, including the constitutional provisions and the political dynamics that have shaped it. Finally, we will look at the third tier of Indian federalism: the local government.
What Is Federalism?
Recalling the contrast between Belgium and Sri Lanka from the previous chapter, we noted that a key change in the Belgian constitution was the reduction of the central government's power and the transfer of these powers to regional governments. While regional governments existed before 1993, their powers were granted by and could be withdrawn by the central government. The 1993 amendments granted these regional governments constitutional powers independent of the central authority, effectively transforming Belgium from a unitary state into a federal one. In contrast, Sri Lanka largely operates as a unitary system where the national government holds most powers, a structure that Tamil leaders have sought to change to a federal system.
Federalism is a system of government where power is divided between a central government and various constituent units of the country. Typically, a federation has at least two levels of government:
- A central government responsible for matters of common national interest.
- Governments at the provincial or state level responsible for the day-to-day administration of their respective regions.
In a federal system, both these levels of government operate independently within their own spheres of authority.
Contrast With Unitary System
Federal systems are distinct from unitary governments. In a unitary system, either there is only one level of government, or the sub-units are subordinate to the central government. The central government in a unitary system can issue directives to regional or local governments. In contrast, in a federal system, the central government cannot dictate to the state governments on matters within their jurisdiction. Both central and state governments have their own powers and are accountable separately to the people.
Key Features Of Federalism
Federal systems are characterized by several key features:
- There are two or more levels (or tiers) of government.
- Different levels of government govern the same citizens, but each level has its own specific jurisdiction over areas like legislation, taxation, and administration. Jurisdiction refers to the area over which someone has legal authority, defined by geographical boundaries or specific subjects.
- The jurisdictions of the different levels of government are clearly defined and guaranteed by the constitution. This ensures the existence and authority of each tier.
- Fundamental provisions of the constitution typically **cannot be changed unilaterally** by only one level of government. Amendments often require the consent of both levels.
- Courts, particularly the highest court, have the power to interpret the constitution and the powers of different government levels. The highest court often acts as an umpire in resolving disputes between different levels of government regarding the exercise of their powers.
- The sources of revenue for each level of government are clearly specified in the constitution to ensure their financial independence.
- Federalism has a **dual objective**: to protect and promote the unity of the country while simultaneously accommodating regional diversity.
Dual Objectives Of Federal System
Achieving the twin goals of unity and accommodating diversity is crucial for federalism. This requires governments at different levels to agree upon rules for power sharing and to trust that each level will adhere to the agreement. An ideal federal system combines this mutual trust with a willingness to coexist.
Balance Of Power Varies
The precise balance of power between the central and state governments differs across federations, largely depending on the historical context of their formation.
Two Routes Of Formation (Coming Together And Holding Together)
Federations can be formed through two main historical routes:
- 'Coming Together' Federations: Independent states voluntarily unite to form a larger country. By pooling their sovereignty and maintaining their distinct identities, they enhance their collective security. Examples include the USA, Switzerland, and Australia. In these federations, the constituent states usually have equal powers and are relatively strong compared to the federal government.
- 'Holding Together' Federations: A large country decides to divide its power between the national government and its constituent states. Examples include India, Spain, and Belgium. In these federations, the central government typically holds more power relative to the states. Often, different constituent units within the federation are granted unequal powers, with some states receiving special status.
What Makes India A Federal Country?
Given the immense diversity of India, with its numerous languages, religions, and regions, the question of how power is shared within the country is significant. India adopted a power-sharing arrangement that, while not explicitly using the term 'federation' in its constitution, is based on the principles of federalism.
India As A Union Of States
After gaining independence amidst a challenging partition, India's Constitution declared it a **Union of States**. Despite not using the term 'federation', the fundamental structure of the Indian Union aligns with federal principles.
Application Of Federal Features
India's constitutional provisions reflect the key features of federalism. The Constitution originally established a two-tier system: the Union Government (or Central Government) and the State Governments. Later, a third tier comprising Panchayats and Municipalities was added. Each of these tiers has its own distinct jurisdiction.
Three-fold Distribution Of Legislative Powers (Lists)
The Constitution clearly delineates the legislative powers between the Union Government and the State Governments through three lists:
- Union List: Includes subjects of national importance requiring a uniform policy across the country, such as defence, foreign affairs, banking, communications, and currency. Only the Union Government can make laws on these subjects.
- State List: Contains subjects of state and local importance, such as police, trade, commerce, agriculture, and irrigation. Only the State Governments can make laws on these subjects.
- Concurrent List: Includes subjects of common interest to both the Union and State Governments, such as education, forests, trade unions, marriage, adoption, and succession. Both levels of government can legislate on these subjects. However, in case of a conflict, the law made by the Union Government prevails.
Residuary Subjects
Subjects that do not fall under any of the three lists, such as computer software (which emerged after the Constitution was drafted), are known as **residuary subjects**. According to the Indian Constitution, the Union Government has the exclusive power to make laws on these subjects.
Unequal Powers To Constituent Units (Special Status)
Like other 'holding together' federations, the Indian Union does not grant identical powers to all its states. Some states enjoy a special status. For instance, states like Assam, Nagaland, Arunachal Pradesh, and Mizoram have special powers under Article 371 of the Constitution due to their unique social and historical circumstances. These powers often relate to the protection of land rights for indigenous populations, their culture, and preferential employment in government services within the state. Residents from other states are often restricted from buying land or property in these states. Similar special provisions exist for other states as well.
Union Territories
Some units of the Indian Union, such as Chandigarh, Lakshadweep, and Delhi (the capital city), are classified as **Union Territories**. These areas are generally too small to be independent states and are not merged with existing states. They enjoy very little power compared to states. The Central Government exercises special powers in administering these territories.
Changes To Power Sharing Arrangement (Not Easy)
The division of power between the Union and State Governments is a fundamental aspect of the Indian Constitution's structure and is not easy to alter. The Parliament cannot unilaterally change this arrangement. Any proposed change must be approved by a two-thirds majority in both Houses of Parliament and subsequently ratified by the legislatures of at least half of the total states.
Role Of Judiciary
The judiciary plays a critical role in overseeing the implementation of constitutional provisions regarding power division. High Courts and the Supreme Court resolve any disputes that arise between the Union Government and the State Governments regarding their respective powers.
Power To Raise Resources
Both the Union and State Governments are empowered to raise financial resources through taxation within their defined jurisdictions to carry out their governmental responsibilities.
How Is Federalism Practised?
While constitutional provisions establish the framework for federalism, its actual success in India is largely attributed to the nature of democratic politics. The spirit of federalism, characterized by respect for diversity and the desire to coexist, has become a shared ideal, strengthening federalism in practice. Several factors have contributed to this:
Success Due To Democratic Politics
The true success of federalism in India goes beyond constitutional mandates. It is deeply rooted in the democratic political culture that has evolved, fostering respect for diverse identities and promoting unity.
Linguistic States
The reorganization of states based on language was an early and significant test for democratic politics in India. The political map of India has changed dramatically since Independence in 1947, with many new states created and boundaries altered. This was done primarily to ensure that people speaking the same language could reside in the same state.
Creation Of Linguistic States
New states were carved out by redrawing the boundaries of existing states based on linguistic homogeneity. Some states were also created not based on language but to recognize cultural, ethnic, or geographical differences, such as Nagaland, Uttarakhand, and Jharkhand.
Impact On Unity And Administration
Initially, some leaders worried that linguistic reorganization would fragment the country. The Central Government was hesitant about this policy for some time. However, experience has shown that forming linguistic states has actually enhanced national unity and made administration more efficient by facilitating governance in the local language.
Language Policy
India's language policy is another crucial test for its federal structure. Unlike Sri Lanka, India did not declare any single language as its national language.
No National Language
The Indian Constitution did not grant any language the status of 'national language'.
Hindi As Official Language
Hindi was identified as the official language. However, Hindi is the mother tongue of only about 40% of the population.
Scheduled Languages
To protect other languages, the Constitution recognized 22 other languages as **Scheduled Languages**. Candidates for Central Government examinations can choose to take exams in any of these scheduled languages. States also have their own official languages, and much government work is conducted in the respective state's official language.
Cautious Attitude Towards Hindi
Indian political leaders adopted a cautious approach regarding the promotion of Hindi, learning from the conflicts in Sri Lanka. The Constitution initially stipulated that English would cease to be used for official purposes after 1965. However, states where people did not speak Hindi demanded the continued use of English. This led to protests, including violent ones in Tamil Nadu. The Central Government responded flexibly by agreeing to continue using English alongside Hindi for official purposes. While this decision was criticized by some as favoring the English-speaking elite, it helped maintain unity.
English Along With Hindi
The decision to allow the use of English along with Hindi for official purposes accommodated the demands of non-Hindi speaking states.
Promotion Of Hindi (Not Imposition)
The promotion of Hindi remains an official policy, but it is understood that this promotion should not involve imposing Hindi on states where different languages are spoken. This flexibility in language policy has been crucial in preventing the kind of linguistic conflict experienced in Sri Lanka.
Centre-State Relations
The relationship between the Central Government and the State Governments has also been restructured over time, strengthening federalism in practice. The effectiveness of constitutional power-sharing arrangements significantly depends on how ruling parties and leaders implement them.
Impact Of Ruling Parties
For a significant period after Independence, the same political party often ruled both at the Centre and in most states. This situation meant that state governments did not always function as fully autonomous federal units. When different parties controlled the Centre and states, the central ruling party sometimes tried to undermine the power of state governments.
Undermining State Power
In earlier times, the Central Government occasionally misused constitutional provisions to dismiss state governments led by rival parties, which went against the spirit of federalism.
Changes After 1990 (Rise Of Regional Parties)
The political landscape changed significantly after 1990 with the rise of regional political parties in many states and the beginning of the era of **coalition governments** at the Centre. Since no single party secured a clear majority in the national parliament (Lok Sabha), national parties needed to form alliances with multiple parties, including several regional parties, to form a government.
Era Of Coalition Governments
The necessity of forming coalition governments at the Centre, involving regional parties, fostered a new culture of power sharing and increased respect for the autonomy of State Governments.
New Culture Of Power Sharing
This era promoted a more cooperative approach between the Centre and the states.
Supreme Court Judgement
This trend was further reinforced by a major Supreme Court judgment that made it considerably more difficult for the Central Government to arbitrarily dismiss state governments.
Federal Power Sharing More Effective
As a result, federal power sharing in India is considered more effective and genuinely practiced today than in the initial decades after the Constitution came into effect.
Linguistic Diversity Of India
India exhibits extraordinary linguistic diversity. The 2011 Census recorded over 1300 distinct languages spoken as mother tongues. These were grouped into 121 major languages, 22 of which are recognized as Scheduled Languages in the Constitution. No single language is the mother tongue of the majority, with Hindi being the largest at about 43.63%. This linguistic landscape underscores the importance of India's flexible language policy for national unity.
The table below shows the proportion of speakers for the Scheduled Languages (Census 2011):
| Language | Proportion of speakers (%) |
|---|---|
| Assamese | 1.26 |
| Bengali | 8.03 |
| Bodo | 0.12 |
| Dogri | 0.21 |
| Gujarati | 4.58 |
| Hindi | 43.63 |
| Kannada | 3.61 |
| Kashmiri | 0.56 |
| Konkani | 0.19 |
| Maithili | 1.12 |
| Malayalam | 2.88 |
| Manipuri | 0.15 |
| Marathi | 6.86 |
| Nepali | 0.24 |
| Odia | 3.10 |
| Punjabi | 2.74 |
| Sanskrit | Negligible |
| Santali | 0.61 |
| Sindhi | 0.23 |
| Tamil | 5.70 |
| Telugu | 6.70 |
| Urdu | 4.19 |
English is spoken as a mother tongue by a negligible percentage (0.02%) and known as a second or third language by about 11%.
Decentralisation In India
Federal governments typically have two or more tiers. While India started with a two-tier system (Union and State), a country as vast and diverse as India cannot be governed effectively by just these two levels. States in India are often larger than independent countries in Europe both in area and population, and many states themselves contain considerable internal diversity. This highlighted the necessity for further power sharing within states, leading to the concept of **decentralisation**.
Need For Another Tier
To address the diversity and governance needs within states, another tier of government below the state level was required. This tier is the **local government**.
Local Government
This third tier of Indian federalism is the local government, operating at the level of villages and towns.
Basic Idea Behind Decentralisation
Decentralisation means transferring power from the Central and State governments to the local government. The fundamental principle is that many issues and problems are best handled at the local level because people in those areas have better knowledge of local concerns and where resources can be most effectively utilized. Local government also enables direct public participation in decision-making, fostering democratic habits and realizing the principle of local self-government.
Need For Decentralisation Recognised
The importance of decentralisation was recognized in the Indian Constitution, and efforts were made over time to transfer power to village and town levels.
Attempts To Decentralise
Panchayats were established in villages and municipalities in urban areas across all states. However, these bodies were often directly controlled by state governments, elections were not always held regularly, and they lacked sufficient powers and resources of their own, limiting effective decentralisation.
Lack Of Effective Decentralisation
Despite the setup of local bodies, the practical impact of decentralisation was minimal due to their limited autonomy and resources.
Major Step In 1992 (Constitutional Amendment)
A significant step towards genuine decentralisation was taken in **1992** with a major **Constitutional amendment**. This amendment aimed to make the third tier of democracy more effective and powerful by introducing several key provisions:
Mandatory Regular Elections
It became constitutionally mandatory to hold regular elections for local government bodies (Panchayats and Municipalities).
Reservation Of Seats
Seats were reserved in the elected bodies and executive positions (like Sarpanch or Chairperson) for Scheduled Castes, Scheduled Tribes, and Other Backward Classes to ensure representation for marginalized groups.
State Election Commission
At least **one-third of all positions were reserved for women**, increasing female representation in local governance.
Sharing Powers And Revenue
An independent **State Election Commission** was established in each state to oversee and conduct Panchayat and Municipal elections.
State governments are required to share some powers and revenue with local government bodies, although the nature and extent of this sharing vary from state to state.
Rural Local Government (Panchayati Raj)
The system of rural local government is popularly known as **Panchayati Raj**. Each village or group of villages has a **Gram Panchayat**, which is a council of several ward members (Panch) and a president (Sarpanch), directly elected by the adult population of the ward or village. The Gram Panchayat is the primary decision-making body for the village.
Gram Panchayat
This is the elected body at the village level responsible for local administration and decision-making.
Gram Sabha
The Gram Panchayat operates under the supervision of the **Gram Sabha**, which comprises all the voters in the village. The Gram Sabha must meet at least twice or thrice a year to approve the Gram Panchayat's annual budget and review its performance.
Local Government Structure (District Level)
The local government structure extends up to the district level.
Panchayat Samiti/Block/Mandal
A few Gram Panchayats are grouped together to form a **Panchayat Samiti**, also known as a Block or Mandal. The members of this representative body are elected by the members of all the Panchayats in that area.
Zilla (District) Parishad
All the Panchayat Samitis or Mandals within a district together constitute the **Zilla (District) Parishad**. Most members of the Zilla Parishad are elected, along with the Members of Parliament (Lok Sabha) and Members of the Legislative Assembly (MLAs) from that district, and other district-level officials. The Zilla Parishad Chairperson is the political head of the Parishad.
Local Government Bodies For Urban Areas
Urban areas also have local government bodies.
Municipalities And Municipal Corporations
**Municipalities** are established in towns, while larger cities have **Municipal Corporations**. Both are governed by elected bodies composed of people's representatives.
Political Head (Chairperson/Mayor)
The political head of a Municipality is the **Municipal Chairperson**, while in a Municipal Corporation, this position is held by the **Mayor**.
Largest Experiment In Democracy
The new system of local government established in 1992 represents the largest experiment in democracy globally, with about 36 lakh elected representatives in Panchayats and Municipalities across India, a number exceeding the population of many countries.
Increased Women's Representation
Providing constitutional status to local government has deepened democracy in India and significantly increased the representation and voice of women in democratic processes.
Difficulties And Challenges
Despite these successes, challenges remain. While elections are held regularly, Gram Sabhas do not always meet as scheduled. Most state governments have been reluctant to devolve significant powers or provide adequate financial resources to local governments. Therefore, India still has a considerable distance to go to fully realize the ideal of local self-government.