Chapter Notes

What is Federalism?

Federalism is a system of government where power is divided between a central, national government and various regional governments (like states or provinces). It's an institutional mechanism designed to manage two sets of identities and loyalties—one to the region and one to the nation.

The success of a federal system isn't just about having a federal constitution; it's about how federalism is practiced. Countries like the former USSR, Czechoslovakia, and Yugoslavia were federations, but they broke apart. A major reason for the USSR's collapse was excessive centralization of power and the domination of Russia over other regions. This shows that a lack of trust and cooperation can cause a federal system to fail.

Key Ideas and Concepts of Federalism

• Two Sets of Government: There is one government for the entire country (national level) and separate governments for the regional units (state level). Each is autonomous within its own sphere.
• Written Constitution: The powers and responsibilities of each level of government are clearly spelled out in a written constitution, which is considered the supreme source of power for both.
• Division of Powers: The constitution assigns specific responsibilities to each level. Typically, subjects of national importance like defense and currency are handled by the central government, while regional matters are managed by state governments.
• Independent Judiciary: An independent judiciary, like the Supreme Court in India, is crucial to settle legal disputes between the central government and the states over the division of powers.
• Culture of Trust and Cooperation: Beyond the constitutional rules, the actual working of a federation depends on a culture of mutual respect, trust, and cooperation between the different levels of government and regions. If one group or region tries to dominate, it can lead to resentment and conflict.

Federalism in Practice: Global Examples

• West Indies: A federation formed in 1958 with a weak central government failed and was dissolved by 1962. The independent islands later formed the Caribbean Community in 1973 to cooperate on matters like a common market and currency, showing they could neither live together as one country nor live completely separately.
• Nigeria: Despite having a federal constitution, Nigeria has faced problems due to overlapping religious, ethnic, and economic conflicts, especially over the control of oil revenues. This shows that deep divisions can threaten unity even within a federal structure.

Federalism in the Indian Constitution

The leaders of India's national movement understood that a country as large and diverse as India needed a federal system. They knew that to have a democratic government, people in different regions, with their distinct languages and cultures, had to have the power to govern themselves.

After the decision to partition India was made, the Constituent Assembly chose to frame a government based on the principles of unity and cooperation between the Centre and the States. While recognizing India's diversity, the Constitution strongly emphasizes unity.

Division of Powers

The Indian Constitution creates two sets of government: the Union government (central government) for the entire nation and the State government for each state. The Constitution clearly demarcates the subjects that each level of government has power over through a three-list system:

• Union List: Includes subjects of national importance where uniformity is essential. Only the Parliament (Union government) can make laws on these subjects.
  • Examples: Defence, Atomic Energy, Foreign Affairs, War and Peace, Banking, Railways, Post and Telegraph, Currency.
• State List: Includes subjects of state and local importance. Only State legislatures can make laws on these subjects under normal circumstances.
  • Examples: Agriculture, Police, Prisons, Public Health, Local Government, Land, Liquor.
• Concurrent List: Includes subjects where both the Union and State governments can make laws. If there is a conflict between a central law and a state law, the central law will prevail.
  • Examples: Education, Forests, Trade Unions, Marriage, Adoption, Succession.
• Residuary Powers: Any subject that is not mentioned in any of the three lists falls under the exclusive control of the Union government.

A key feature of this division is that economic and financial powers are largely centralized. The central government controls most of the revenue-generating sources, while states have immense responsibilities, making them often dependent on financial assistance from the Centre.

Federalism with A Strong Central Government

The Indian Constitution created a federal system with a deliberate bias towards a strong central government. The framers of the Constitution believed a strong Centre was necessary for several reasons:

• To manage the integration of over 500 princely states into the Indian union.
• To prevent disintegration and maintain national unity in a highly diverse country.
• To coordinate and plan for solutions to socio-economic problems like poverty, illiteracy, and inequality.

The following constitutional provisions create a strong central government:

• Parliament's Power over State Boundaries: The Parliament has the power 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 Parliament.
• Emergency Provisions: During a declared emergency, India’s federal system can be transformed into a highly centralized one. The central government becomes all-powerful, and Parliament can make laws on subjects in the State List.
• Financial Dominance: The central government controls the major sources of revenue. It provides grants and loans to states, giving it significant influence over state finances. The Planning Commission (appointed by the Union government) also played a key role in centralizing economic decision-making.
• The Role of the Governor: The Governor of a state is appointed by the central government and acts as its representative. The Governor has the power to reserve a bill passed by the state legislature for the President's assent, which allows the Centre to delay or veto state legislation. The Governor can also recommend the dismissal of the state government (President's Rule).
• Integrated Administrative System: India has All-India Services like the IAS and IPS. Officers from these services are selected by the Centre but serve in state administrations. They are under the control of the central government, and states cannot take disciplinary action against them or remove them from service.
• Power to Legislate on State Subjects: Even in normal times, the Centre can legislate on a matter in the State List if the move is ratified by the Rajya Sabha.
• Superiority of Union's Executive Power: Article 257 (1) states that the executive power of a state must not impede the executive power of the Union, and the Centre can give directions to the state government as needed.

Conflicts in India's Federal System

The constitutional design, which gives more power to the Centre while recognizing the identity of states, naturally leads to tensions. States often demand more powers and greater autonomy, leading to conflicts between the Centre and the States, as well as among the states themselves.

Centre-State Relations

The relationship between the Centre and the States has been heavily influenced by politics:

• 1950s and early 1960s: During the era of Jawaharlal Nehru, relations were relatively smooth. This was largely because the Congress party was in power at both the Centre and in most states, creating a period of dominance and cooperation.
• Mid-1960s onwards: As Congress's dominance declined and opposition parties came to power in many states, demands for greater state autonomy grew louder. State governments began protesting what they saw as unnecessary interference from the Congress-led central government.
• 1990s onwards: The rise of coalition politics at the Centre marked a new phase. Since national governments often depended on regional parties for support, states gained a greater say in national affairs. This has led to a more mature and negotiated form of federalism.

Demands for Autonomy

States and political parties have periodically demanded more autonomy, which can mean different things:

• Political Autonomy: Demands to change the division of powers to give more important powers to the states. Parties like the DMK, Akali Dal, and CPI-M have made such demands.
• Financial Autonomy: States demand independent sources of revenue and greater control over their resources to reduce their financial dependence on the Centre.
• Administrative Autonomy: States resent the Centre's control over the administrative machinery, particularly the All-India Services.
• Cultural and Linguistic Autonomy: These demands arise from a desire to protect and promote a region's unique culture and language. [!example] Agitations in Tamil Nadu against the imposition of Hindi in the 1960s or the demand for advancing the Punjabi language are examples of this.

Role of Governors and President's Rule

The office of the Governor has been a major point of contention.

• Controversial Appointment: Since the Governor is appointed by the central government, their actions are often seen as interference in the state's functioning, especially when different parties are in power at the Centre and the state. The Sarkaria Commission, appointed in 1983 to examine Centre-State relations, recommended that Governors be non-partisan.
• Misuse of Article 356: Article 356, which allows for President's Rule in a state, is one of the most controversial provisions. It empowers the Governor to recommend the dismissal of the state government, leading to a takeover by the Union government. This power has often been used for political reasons to dismiss elected state governments, especially after 1967. The Supreme Court has since ruled that the decision to impose President's rule can be reviewed by the judiciary.

Demands for New States

A significant source of tension has been the demand for the creation of new states.

• During the national movement, it was decided that, where possible, states would be created based on common linguistic and cultural identity.
• After Independence, this led to demands for linguistic states. The States Reorganisation Commission was set up in 1953, and its recommendations led to the creation of several linguistic states in 1956.
• This process has continued over the decades:
  • 1960: Gujarat and Maharashtra were created.
  • 1966: Punjab and Haryana were separated.
  • Later, states in the North East like Manipur, Tripura, and Meghalaya were created.
  • 2000: For reasons of administrative efficiency and to meet regional demands, Chhattisgarh, Uttarakhand, and Jharkhand were carved out of larger states.
  • 2014: Telangana was formed by dividing Andhra Pradesh.

Interstate Conflicts

Disputes also arise between two or more states. While the judiciary can resolve legal disputes, these conflicts often have political dimensions that require negotiation.

• Border Disputes: These disputes arise when one state lays claim to a territory in a neighboring state, often because border areas have populations speaking more than one language.
  • [!example] A long-standing dispute exists between Maharashtra and Karnataka over the city of Belgaum. Another is between Punjab and Haryana over their shared capital, Chandigarh.
• River Water Disputes: These are often more serious because they relate to essential resources for drinking water and agriculture.
  • [!example] The Kaveri water dispute between Tamil Nadu and Karnataka is a major, long-running conflict. Similarly, Gujarat, Madhya Pradesh, and Maharashtra have disputed the sharing of the Narmada river waters.

Special Provisions

A unique feature of Indian federalism is its asymmetrical nature, meaning some states receive differential treatment due to their specific social and historical circumstances.

• Representation in the Rajya Sabha is asymmetrical, with larger states getting more seats than smaller ones.
• The Constitution includes special provisions for several states to meet their unique needs. Most of these apply to the north eastern States (like Nagaland, Assam, Mizoram) to protect the distinct history and culture of their large indigenous tribal populations.
• Special provisions also exist for states like Himachal Pradesh, Andhra Pradesh, Goa, Gujarat, Maharashtra, Sikkim, and Telangana.

Jammu and Kashmir

The state of Jammu and Kashmir (J&K) historically held a special status under Article 370 of the Constitution.

• Historical Context: J&K was a princely state that acceded to India in October 1947 after Pakistan sent tribal infiltrators to capture the region.
• Special Status under Article 370: This granted the state much greater autonomy than others. The concurrence of the state government was required for the central government to make laws on subjects in the Union and Concurrent lists. J&K had its own separate constitution and flag. Provisions like financial emergency could not be imposed without the state's agreement.
• Current Status: The special status granted under Article 370 no longer exists. The Jammu and Kashmir Reorganisation Act 2019 bifurcated the state into two Union Territories: (i) Jammu and Kashmir and (ii) Ladakh. This new arrangement came into effect on 31 October, 2019.

Conclusion

Federalism in India is a dynamic system that constantly seeks to balance the powers of the Centre and the States. It is like a rainbow, where each color is distinct yet together they form a harmonious whole. The success of this complex arrangement does not rely on legal formulas alone. It depends on the political process and a shared culture of mutual trust, toleration, and a spirit of cooperation.

Indian federalism celebrates both unity and diversity. It recognizes that national unity cannot be achieved by forcing uniformity, as that only leads to conflict. A responsive political system that is sensitive to regional diversities and demands for autonomy is the foundation of a strong, cooperative federation.