FederalismClass 11 India Constitution At Work NCERT Solutions
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Q1Exercises
From the list of following events which ones would you identify with the functioning of federalism? Why? √ The Centre on Tuesday announced Sixth Schedule status to GNLF-led Darjeeling Gorkha Hill Council, which would ensure greater autonomy to the governing body in the Hill district of West Bengal. A tripartite Memorandum of Settlement was signed in New Delhi between the Centre, West Bengal government and the Subhas Ghising-led Gorkha National Liberation Front (GNLF) after two days of hectic deliberations. √ Government for action plan for rain-hit States: Centre has asked the rain-ravaged States to submit detailed plans for reconstruction to enable it to respond to their demands for extra relief expeditiously. √ New Commissioner for Delhi: The Capital is getting a new municipal commissioner. Confirming this, present MCD Commissioner Rakesh Mehta said he has received his transfer orders and that he is likely to be replaced by IAS officer Ashok Kumar, who is serving as the Chief Secretary in Arunachal Pradesh. Mehta, a 1975 batch IAS officer, has been heading the MCD for about three-and-a-half years. √ CU Status for Manipur University: Rajya Sabha on Wednesday passed a Bill to convert the Manipur University into a Central University with the Human Resource Development Minister promising such institutions in the North Eastern States of Arunachal Pradesh, Tripura and Sikkim as well. √ Funds released: The Centre has released Rs. 553 lakh to Arunachal Pradesh under its rural water supply scheme. The first instalment was of Rs. 466.81 lakh. √ We'll teach the Biharis how to live in Mumbai: Around 100 Shiv Sainiks stormed J. J. Hospital, disrupted daily operations, raised slogans and threatened to take matters into their own hands if no action was taken against non-Maharashtrian students. √ Demand for dismissal of Government: The Congress Legislature Party (CLP) in a representation submitted to State Governor recently, has demanded dismissal of the ruling Democratic Alliance of Nagaland (DAN) government for its alleged financial mismanagement and embezzlement of public money. √ NDA government asks naxalites to surrender arms: Amid a walkout by opposition RJD and its allies Congress and CPI (M), the Bihar government today appealed to the naxalites to shun the path of violence and reaffirmed its pledge to root out unemployment to usher in a new era of development in Bihar.
Solution
The following events can be identified with the functioning of federalism:
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Sixth Schedule status to Darjeeling Gorkha Hill Council: This is a clear example of federalism in action. It involves negotiations between the Centre, a State government (West Bengal), and a regional body (GNLF) to grant greater autonomy. This reflects the federal principle of accommodating regional diversity and demands for self-governance within the larger national framework.
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Action plan for rain-hit States: This demonstrates cooperative federalism. Disaster management often requires a coordinated effort between the central and state governments. The Centre providing financial and logistical support to states is a key feature of Centre-State relations.
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New Commissioner for Delhi: This relates to the administrative aspect of Indian federalism. The officer belongs to the IAS, an All-India Service. These officers are recruited by the central government but serve in the states. Their transfers and postings show the integrated administrative system where the Centre exercises a degree of control over the administration of the states.
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CU Status for Manipur University: This is an example of the Centre's role in the education sector, which is on the Concurrent List. The Parliament passing a bill to convert a state university into a central one is a legislative action that shows the interplay between central and state jurisdictions.
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Funds released: This is a direct illustration of fiscal federalism. The Indian Constitution centralizes most revenue-generating powers with the Union government. States are often dependent on grants and financial assistance from the Centre for various schemes, as seen in this case of funds for a rural water supply scheme.
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Demand for dismissal of Government: This relates to a highly contentious feature of Indian federalism, the use of Article 356 (President's Rule). The role of the Governor in recommending the dismissal of a state government is a key point of tension in Centre-State relations.
The following events are not direct examples of the functioning of federalism:
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"We'll teach the Biharis how to live in Mumbai": This is an issue of regionalism and inter-community conflict. While such tensions can strain a federal country, the event itself is not a formal process or functioning of the federal system.
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NDA government asks naxalites to surrender arms: This is primarily a state-level issue related to law and order, which is a State subject. While tackling Naxalism involves cooperation with the Centre, this specific appeal is a policy action of a state government.
Q2Exercises
Think which of the following statements would be correct. State why. √ Federalism enhances the possibility of people from different regions to interact without the fear of one's culture being imposed upon them by others. √ Federal system will hinder easier economic transaction between two different regions that have distinct types of resources. √ A federal system will ensure that the powers of those at the centre will remain limited.
Solution
Based on the chapter, here is an analysis of the statements:
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"Federalism enhances the possibility of people from different regions to interact without the fear of one's culture being imposed upon them by others."
- This statement is correct. Federalism is an institutional mechanism designed to accommodate diversity. By granting autonomy to regional governments, it recognizes and protects distinct cultural and linguistic identities. This allows people from different regions to share power and govern themselves, reducing the fear that a dominant national culture will be imposed upon them. This fosters a culture of mutual respect and trust, which is essential for unity in a diverse country.
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"Federal system will hinder easier economic transaction between two different regions that have distinct types of resources."
- This statement is incorrect. A federal system, particularly the one in India, is designed to create a unified economic space. The Indian Constitution places key economic and financial powers, such as currency, defence, and major revenue sources, with the central government. This ensures uniform economic policies and removes barriers to trade and commerce between states, thereby facilitating easier economic transactions across the country.
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"A federal system will ensure that the powers of those at the centre will remain limited."
- This statement is correct. The core principle of federalism is the division of powers between two sets of polities—national and regional. This division is typically outlined in a written constitution, which is supreme. Both the central and state governments are autonomous in their respective spheres. This constitutional division of power inherently limits the authority of the central government to the subjects assigned to it, preventing the concentration of all power at one level.
Q3Exercises
Based on the first few articles of Belgian constitution - given below - explain how federalism is visualised in that country. Try and write a similar Article for the Constitution of India. Title I: On Federal Belgium, its components and its territory. Article 1 : Belgium is a Federal State made up of communities and regions. Article 2 : Belgium is made up of three communities: The French Community, the Flemish Community and the German Community. Article 3 : Belgium is made up of three regions: The Walloon region, the Flemish region and the Brussels region. Article 4 : Belgium has four linguistic regions: The French-speaking region, the Dutch-speaking region, the bilingual region of Brussels Capital and the German-speaking region. Each "commune" (county borough) of the Kingdom is part of one of these linguistic regions. Article 5 : The Walloon region is made up of the following provinces: The Walloon Brabant, Hainault, Liege, Luxemburg and Namur. The Flemish region is made up of the following provinces: Antwerp, the Flemish Brabant, West Flanders, East Flanders and Limburg. ......
Solution
Federalism in Belgium:
The provided articles of the Belgian constitution show a complex and multi-layered federal structure. Federalism in Belgium is visualized on two distinct axes: communities and regions.
- Based on Communities: Article 2 identifies three communities based on language: French, Flemish, and German. This structure is designed to manage cultural and linguistic diversity by giving these communities autonomy over matters like education and culture.
- Based on Regions: Article 3 identifies three territorial regions: Walloon, Flemish, and Brussels. These regions have autonomy over economic matters and territorial administration.
This shows that Belgian federalism is an attempt to accommodate both linguistic-cultural identities (communities) and territorial-economic identities (regions). Article 1 explicitly declares Belgium a "Federal State," indicating a system where constituent units have come together.
A Similar Article for the Constitution of India:
The Constitution of India already has an article that defines its nature, which is different from the Belgian model. Article 1 of the Indian Constitution states:
Article 1 : (1) India, that is Bharat, shall be a Union of States. (2) The States and the territories thereof shall be as specified in the First Schedule.
This article intentionally uses the phrase "Union of States" instead of "Federation of States." As explained in the chapter, this was done to emphasize unity and indicate that the Indian federation is not the result of an agreement among the states, and the states have no right to secede.
If one were to rewrite it to reflect the principles of diversity more explicitly, similar to the Belgian model, it might look like this (this is a hypothetical exercise):
Proposed Article 1 for India: (1) India, that is Bharat, shall be a Union of States, founded on the principles of unity in diversity. (2) The Union is composed of States and Union Territories, constituted primarily on linguistic and cultural identities, as specified in the First Schedule. (3) The Union shall protect and promote the distinct linguistic, cultural, and social heritage of the people in all its constituent units.
Q4Exercises
Imagine that you were to rewrite the provisions regarding federalism. Write an essay of not more than 300 words making your suggestions about: a. division of powers among the centre and the States, b. distribution of financial resources, c. methods of resolving inter-State disputes and d. appointment of Governors
Solution
If I were to rewrite the provisions regarding federalism in India, my aim would be to create a more balanced and cooperative structure that strengthens both the states and the nation.
a. Division of Powers: I would revisit the three lists in the Seventh Schedule. While retaining crucial subjects like defence and foreign affairs with the Centre, I would transfer certain subjects from the Union and Concurrent Lists to the State List. This would give states more legislative autonomy over local matters and reduce central overreach. The residuary powers should ideally lie with the states, as in classic federations, to empower them to legislate on unforeseen future issues.
b. Distribution of Financial Resources: To ensure financial autonomy, I would amend the Constitution to grant states more powers to raise their own revenue. The current system makes states heavily dependent on central grants. The distribution of central taxes should be managed by a permanent, independent Finance Commission with a constitutionally fixed, non-discretionary formula. This would reduce the charges of discrimination against states ruled by opposition parties.
c. Resolving Inter-State Disputes: For resolving inter-state disputes, particularly over river waters, I would make the decisions of tribunals time-bound and legally binding, with strict penalties for non-compliance. The Inter-State Council, provided for in the Constitution, should be institutionalized as the primary body for negotiation and resolution of all political disputes between the centre and states, and among states themselves.
d. Appointment of Governors: The role of the Governor needs to be reformed to ensure impartiality. I would implement the Sarkaria Commission's recommendation that the Governor should be a non-partisan figure appointed by the President after mandatory consultation with the Chief Minister of the concerned state. Furthermore, the discretionary powers of the Governor, especially concerning the dismissal of a state government under Article 356, must be severely curtailed and subject to judicial review to prevent their misuse for political ends.
Q5Exercises
Which of the following should be the basis for formation of a State? Why? a. Common Language b. Common economic interests c. Common religion d. Administrative convenience
Solution
Based on the experience of Indian federalism, the most appropriate basis for the formation of a state is a combination of (a) Common Language and (d) Administrative Convenience.
Why Common Language?
The chapter highlights that during the national movement, it was decided that as far as possible, states would be created on the basis of common cultural and linguistic identity. Language is a powerful marker of identity and culture. Creating linguistic states, such as Gujarat, Maharashtra, Punjab, and Haryana, has helped recognize regional diversity and allowed people of a region to govern themselves in a language they understand. This has strengthened democracy and national unity by accommodating, rather than suppressing, regional aspirations.
Why Administrative Convenience?
While language is a primary factor, administrative efficiency is also crucial. The chapter mentions that in 2000, large states like Madhya Pradesh, Uttar Pradesh, and Bihar were divided to create smaller states (Chhattisgarh, Uttarakhand, and Jharkhand) to meet the need for greater administrative efficiency. Smaller states can often be governed more effectively, allowing the administration to be more responsive to the needs of the people.
Why not the others?
- (c) Common Religion: Forming states on the basis of religion would be against the secular principles of the Indian Constitution. It could lead to social strife and threaten the unity of the country.
- (b) Common Economic Interests: While important, economic interests are often fluid and can cut across linguistic and cultural lines. Making it the sole basis could be problematic and might not address the deep-rooted cultural and identity-based aspirations of the people.
Q6Exercises
Majority of people from the States of north India - Rajasthan, Madhya Pradesh, Uttar Pradesh, Bihar-speak Hindi. If all these States are combined to form one State, would it be in tune with the idea of federalism? Give arguments.
Solution
Combining all the Hindi-speaking states of north India to form one large state would not be in tune with the idea of federalism. On the contrary, it would violate the spirit of federalism for the following reasons:
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Undermining Diversity: Federalism is a principle that celebrates not just unity but also diversity. While these states share Hindi as a common language, they possess distinct cultural, historical, and social identities. The cultures of Rajasthan, Uttar Pradesh, Madhya Pradesh, and Bihar are unique. Merging them would erase these distinct identities and create a forced, streamlined unity, which the chapter warns against.
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Creating Imbalance: Such a massive state would be disproportionately large in terms of both population and territory. This would create a severe imbalance within the Indian federation. This single state could potentially dominate national politics, generating deep resentment and fear among the non-Hindi speaking states. This could threaten national unity rather than strengthening it.
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Administrative Unviability: A state of such enormous size would be administratively unmanageable. The chapter notes that larger states were divided in 2000 for greater administrative efficiency. Creating a mega-state would reverse this logic, making governance difficult and unresponsive to the needs of the people in different regions of this vast territory.
Therefore, federalism in India is about managing diversity through autonomous state units. Combining states solely on the basis of a common language, while ignoring other cultural and administrative factors, would be a move towards centralization and homogenization, which is contrary to the federal spirit.
Q7Exercises
List four features of the Indian Constitution that give greater power to the central government than the State government.
Solution
The Indian Constitution has created a federal system with a strong central government. Four features that give greater power to the central government than the state governments are:
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Power to Reorganise States: Article 3 of the Constitution empowers the Parliament to form new states, alter the boundaries of existing states, or even change their names. The very existence and territorial integrity of a state depend on the will of the Parliament. This is a significant unitary feature.
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Emergency Provisions: The Constitution contains powerful emergency provisions. Under Article 356 (President's Rule), the Centre can take over the administration of a state. During any emergency, the federal structure can be turned into a highly centralized, unitary system, where Parliament can make laws on subjects in the State List.
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Strong Financial Powers: The central government has control over major sources of revenue, while the states have immense responsibilities but limited revenue sources. This makes the states heavily dependent on the Centre for financial assistance and grants, giving the Union government significant leverage over them.
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Appointment of Governor: The Governor of a state is appointed by the President (on the advice of the central government) and acts as the Centre's representative. The Governor has the power to reserve state bills for the President's assent and to recommend the imposition of President's Rule, which gives the Centre substantial control over the state's legislative and executive functions.
Q8Exercises
Why are many States unhappy about the role of the Governor?
Solution
Many states are unhappy about the role of the Governor for several reasons, which make the office a controversial issue in Centre-State relations:
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Agent of the Centre: The Governor is appointed by the central government and is not an elected office-holder. Therefore, the Governor's actions are often viewed as interference by the Central government in the functioning of the State government, undermining the principle of state autonomy.
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Partisan Role: The controversy becomes more acute when different parties are in power at the Centre and in the state. Governors, who are often retired politicians or civil servants loyal to the ruling party at the Centre, have been accused of acting in a partisan manner to destabilize or dismiss state governments led by opposition parties.
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Misuse of Discretionary Powers: The Governor has certain discretionary powers which have been a source of conflict. The most controversial is the power to recommend the imposition of President's Rule under Article 356. This power has often been misused to dismiss elected state governments even when they had a majority in the legislature.
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Control over Legislation: The Governor has the power to reserve a bill passed by the state legislature for the assent of the President. This gives the central government an opportunity to delay or even veto state legislation, which is seen as an infringement on the legislative authority of the state.
Q9Exercises
President's rule can be imposed in a State if the government is not being run according to the provisions of the Constitution. State whether any of the following conditions are a fit case for imposition of President's rule in the State. Give reasons. √ two members of the State legislative assembly belonging to the main opposition party have been killed by criminals and the opposition is demanding dismissal of the State government. √ Kidnapping of young children for ransom is on rise. The number of crimes against women are increasing. √ No political party has secured majority in the recent elections of the State Legislative Assembly. It is feared that some MLAs from the other parties may be lured to support a political party in return for money. √ Different political parties are ruling in the State and at the centre and they are bitter opponents of each other. √ More than 2000 people have been killed in the communal riots. √ In the water dispute between the two States, one State government refused to follow the decision of the Supreme Court.
Solution
President's rule under Article 356 is justified only when there is a breakdown of the constitutional machinery in a state. Here is an analysis of the given conditions:
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Killing of two opposition MLAs: Not a fit case. This is a serious law and order problem. However, individual criminal acts, however grave, do not constitute a breakdown of the entire constitutional machinery. The state's law enforcement agencies should investigate the crime.
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Rise in kidnapping and crimes against women: Not a fit case. This is also a law and order issue. While it indicates poor governance, it does not mean the government cannot be carried on in accordance with the Constitution. Imposing President's rule for this would set a dangerous precedent.
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Hung assembly and fear of horse-trading: Not a fit case. A hung assembly is a common outcome in a democracy. The Governor's constitutional duty is to explore all possibilities of forming a stable government. Fear of horse-trading is not a valid ground; the majority must be tested on the floor of the House. President's rule should be the absolute last resort if no government formation is possible.
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Different and opposing parties at Centre and State: Absolutely not a fit case. This is a normal and healthy feature of a federal democracy. Using this as a reason would be a gross misuse of constitutional provisions for political purposes.
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More than 2000 people killed in communal riots: This could be a fit case. If the state government has been unable or unwilling to control the violence, leading to a massive breakdown of law and order and failure to protect the lives of citizens, it can be considered a failure of the constitutional machinery. This would be a strong ground for imposing President's rule.
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State refuses to follow Supreme Court decision: This is a fit case. The refusal to abide by a decision of the Supreme Court is a clear violation of the Constitution. It signifies that the state government is not being carried on in accordance with constitutional provisions, thus justifying the imposition of President's rule.
Q10Exercises
What are the demands raised by States in their quest for greater autonomy?
Solution
In their quest for greater autonomy, states have raised several demands vis-à-vis the central government. These demands can be categorized into four main aspects:
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Legislative/Political Autonomy: States demand that the division of powers should be changed in their favour. This involves transferring more subjects from the Union and Concurrent lists to the State list, giving them more power to make laws on a wider range of subjects without central interference.
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Financial Autonomy: This is a major demand. States argue that the central government controls most of the revenue sources, leaving them with immense responsibilities but very few resources. They demand independent sources of revenue and a greater share in and control over the financial resources of the country. They also seek a reduction in the Centre's discretion in granting funds.
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Administrative Autonomy: States resent the control of the centre over their administrative machinery. A key point of contention is the role of All-India Services (like IAS and IPS), whose officers are controlled by the central government but hold key positions in the state administration. States demand greater control over their administrative apparatus.
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Cultural and Linguistic Autonomy: Some autonomy demands are related to protecting and promoting regional culture and language. This can be seen in agitations against the perceived imposition of the Hindi language in non-Hindi speaking states like Tamil Nadu, or the demand for the promotion of Punjabi language and culture in Punjab. These demands arise from the fear of domination by a single language or culture.
Q11Exercises
Should some States be governed by special provisions? Does this create resentment among other States? Does this help in forging greater unity among the regions of the country?
Solution
Yes, some States should be governed by special provisions. The Indian federation is an asymmetrical one, where not all states are treated identically. The Constitution provides special provisions for certain states like those in the North-East (e.g., Nagaland, Mizoram) and previously for Jammu and Kashmir. This is done to accommodate their peculiar social and historical circumstances, such as protecting the distinct history and culture of their sizeable indigenous tribal populations.
Does this create resentment among other States?
It can, at times, create a feeling of differential treatment or resentment among other states that do not have such provisions. They might perceive it as a form of special treatment that gives these states an unfair advantage. However, there is also a general political understanding that these provisions are necessary to manage the specific conditions in these regions.
Does this help in forging greater unity?
Yes, in the long run, it helps in forging greater unity. The chapter concludes that national unity cannot be built by ignoring differences. A responsive political system that is sensitive to diversity and the demands for autonomy is the foundation of a cooperative federation. By providing special provisions, the Indian state acknowledges and respects the unique identities of these regions. This accommodation helps in preventing alienation and insurgency, and in integrating these regions more effectively into the national mainstream. Such flexibility is crucial for holding a vast and diverse country like India together. Forced unity would likely lead to greater conflict and could ultimately destroy national unity.