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Understanding Federalism in India

May 21, 2025

Lecture on Federalism and Government Systems

Introduction to Federalism

  • Federalism is a system where governmental power is divided between a central authority and its constituent units.
  • Federal vs. Unitary Systems:
    • Federal System: Divides power between central and state governments. Example: India.
    • Unitary System: Central government holds primary power, with subunits directly subordinate. Example: Sri Lanka, UK.

Features of Federalism

  • Each tier (level) of government has jurisdiction over certain legislative and administrative matters.
  • Jurisdiction can be defined by geographical area or subject matter.
  • Provides constitutional guarantees for authority of each tier.
  • Changes in constitution require approval from multiple tiers.
  • Independent judiciary is critical, serving as an arbitrator in disputes.
  • Objectives: Promote unity while recognizing regional diversity.

Types of Federations

  • Coming Together Federations:
    • Independent states voluntarily form a larger unit.
    • Examples: USA, Switzerland, Austria.
    • States have equal power; federal government is less powerful.
  • Holding Together Federations:
    • Central government divides power among states.
    • Examples: India, Spain, Belgium.
    • Central government is more powerful.

Federalism in India

  • Structure:
    • Union of states with a three-tier system: Union, State, and Local governments.
    • Power sharing varies; some states have more autonomy (e.g., Jammu and Kashmir).
  • Quasi-Federal Nature:
    • Unique power-sharing arrangements.
    • Unequal power distribution among states and union territories.

Legislative Powers

  • Three-fold distribution of power: Union, State, and Concurrent lists.
  • Union List: National importance subjects; laws made by Parliament.
  • State List: State/local importance subjects; laws made by state legislatures.
  • Concurrent List: Common interest subjects; both can legislate, Union laws prevail in conflicts.
  • Residuary Subjects: Not listed; Union government legislates.

Judiciary in Federalism

  • Acts as a guardian of federalism.
  • Resolves disputes on power division.
  • High Courts and Supreme Court play a key role.

Success of Federalism in India

  • Based on democratic politics, unity in diversity.
  • Linguistic States:
    • Reorganization based on language in 1956.
    • Led to administrative unity and recognition of cultural identities.
  • Language Policy:
    • Constitution recognizes 22 scheduled languages.
    • English remains an associate official language.

Center-State Relations

  • Evolved from a single-party dominance to coalition governments.
  • Political changes led to respect for state autonomy.
  • Supreme Court limits arbitrary dismissal of state governments.

Decentralization and Local Government

  • Decentralization: Transfer of power to local governments.
  • Panchayati Raj System: Three-tier local government structure in rural areas.
    • Gram Panchayat: Village level.
    • Panchayat Samiti: Block level.
    • Zilla Parishad: District level.
  • Urban Local Government: Municipal committees and corporations.

Challenges and Achievements

  • Issues with regular functioning of local bodies.
  • 36 lakh representatives; significant female participation.
  • Despite challenges, decentralization strengthens democracy.

These notes provide a comprehensive overview of federalism, particularly focusing on its application and structure within India, exploring its challenges, achievements, and evolving nature over time.