Federalism in India Overview

Overview

This lesson explains federalism, compares it with unitary systems, and details how India practices federalism, including structures, objectives, types, and challenges.

Federalism: Definition and Examples

• Federalism: power shared between a central authority and constituent units like states or provinces.
• Constitution defines each level’s powers to balance authority and prevent concentration.
• Examples of federal countries: United States, India, Canada, Australia.

Federal vs Unitary Governments

• Unitary: single central government; subunits, if any, are subordinate; central can direct subunits (e.g., United Kingdom).
• Federal: two or more levels (central and state); each has own powers and is not subordinate; both answerable to people (e.g., India, USA).

Key Features of Federalism

• Multiple tiers: central, state, and local governments.
• Jurisdictional areas: each level governs same citizens in defined domains like taxation, legislation, administration.
• Constitutional division: powers and responsibilities guaranteed by law.
• Amendments require consent: central and states must agree for fundamental constitutional changes.
• Judiciary as umpire: courts interpret the constitution and resolve intergovernmental disputes.
• Financial autonomy: each level has own revenue sources to function independently.

Objectives of Federalism

• Unity with diversity: promotes national unity while respecting regional differences.
• Power sharing: levels agree to share power per established rules.
• Trust and cooperation: levels work together under constitutional arrangements.

Types of Federations

• Coming together: independent states voluntarily unite; states have equal power (e.g., USA, Switzerland, Australia).
• Holding together: a large country allocates power between center and states; center stronger; some states have special powers (e.g., India, Spain, Belgium).

India as a Federal Country

• Indian Constitution provides a clear framework for sharing power among levels.
• Indian federalism has distinct features compared to other countries.

Division of Powers in India: Three Lists

• Union List: national importance subjects like defense, foreign affairs, railways.
• State List: regional/local subjects like police, trade, agriculture.
• Concurrent List: both levels legislate on areas like education, marriage; central law prevails on conflict.

Union Territories and Asymmetric Federalism

• Union Territories: governed directly by the central government (e.g., Chandigarh, Lakshadweep).
• Delhi and Puducherry: UTs with legislatures and limited state-like governance.
• Asymmetric federalism: special provisions for some states due to historical or geographical reasons.
• Jammu and Kashmir (pre-2019): had its own constitution.
• Northeastern protections: provisions to protect cultural and social practices.
• Article 371A (Nagaland): Parliament’s acts on religion, social practices, customary law, land/resources apply only if approved by state legislature.

Practice of Federalism in India

• Linguistic states: 1956 reorganization based on language to reflect diversity; Andhra Pradesh for Telugu speakers; later Gujarat and Maharashtra.
• Language policy: Constitution recognizes 22 scheduled languages; Hindi is official; states choose their own official languages (e.g., Tamil Nadu uses Tamil; Punjab uses Punjabi).

Centre–State Relations and GST

• Collaboration and conflict occur, especially over finance and resources.
• GST: merges indirect taxes (VAT, excise duty, service tax) into a unified system.
• Dual structure: CGST for center, SGST for states; GST Council includes both levels for coordination.
• Outcomes: simplifies taxes, improves business, integrates national market.

Decentralization: Local Governance

• Three-tier system: central, state, and local (panchayati raj institutions and municipalities).
• 73rd and 74th Amendments: constitutional status to rural panchayats and urban municipalities.
• Key features: direct elections; seat reservations for Scheduled Castes, Scheduled Tribes, and women; State Election Commissions ensure free and fair polls.

Structured Summary of Indian Federal Elements

Significance of Federalism

• Unity in diversity: supports coexistence of cultures, languages, religions with national cohesion.
• Grassroots participation: citizens empowered through decentralized governance.
• Efficient administration: divided responsibilities enhance focus and efficiency.

Challenges to Indian Federalism

• Economic disparities: wealthier states like Maharashtra, Gujarat outpace states like Bihar, Odisha.
• Political conflicts: resource disputes among states, especially over water and forests.
• Example: Cauvery water dispute between Karnataka and Tamil Nadu; Supreme Court interventions for sharing arrangements.
• Over-centralization: use of Article 356 (President’s Rule) criticized as political misuse.
• Example: 1959 dismissal of Kerala government led by CPI seen as central domination.

Key Terms & Definitions

• Federalism: system dividing power between central authority and constituent units.
• Unitary government: single central authority; subunits subordinate.
• Concurrent list: subjects where both center and states can legislate; central law overrides on conflict.
• Union Territory: region governed directly by central government; some have legislatures.
• Asymmetric federalism: varying levels of autonomy for different states based on specific reasons.
• GST (Goods and Services Tax): unified indirect tax system with CGST and SGST; coordinated by GST Council.
• Panchayati Raj: rural local governance institutions established by the 73rd Amendment.

Action Items / Next Steps

• Review the three lists with examples for quick recall.
• Memorize Article 371A’s scope for Nagaland as a case of asymmetry.
• Compare coming together vs holding together with country examples.
• Understand GST’s dual structure and the role of the GST Council.
• Revisit linguistic reorganization and language policy with state examples.