Federalism
Meaning of federalism :-
In simple words, federalism is the idea of being organized. (Sangh – Organization + Debate – Idea).
️ Federalism :-
'Federalism' is an institutional system in which two levels of political systems are included, one at the federal (central) level of government and the other at the provincial (state) level.
️ Federal :-
The federal (central) government is for the whole country, which is responsible for the subjects of national importance and the state governments are for their particular province (state), in which the subjects of state importance are.
Example :- In India, the Central (Union) Government makes laws on the subjects of the Union List, then the State Government makes laws on the subjects of the State List.
️ Federalism in the Indian Constitution :-
Article 1 of the Constitution calls India a 'Union of States'.
The basis of the federalism that has been adopted in India is the result of the decision taken by the activists during the national movement that when the country becomes independent, then vast India will divide the powers between the provincial and central governments to rule the country. It is so in the Constitution today.
️ Federal system in the Indian Constitution :-
According to the federal system (federalism) in the Indian Constitution - a federal (central) government + twenty-eight (28) states and eight (08) centrally governed governments work on their respective subjects in their respective provinces. Delhi has been given the status of National Capital Territory out of seven Union Territories.
Countries like West Indies, Nigeria, America and Germany also have 'federalism' but different from Indian federalism.
Features of Indian Federalism :-
There are three levels (central level, state and local level) of governments in India.
Written Constitution.
Division of Powers (Union List – 97), State List (66), Concurrent List (47) + Residuary Powers.
Independent judiciary.
The supremacy of the constitution.
️ Union List :-
Subjects of national importance There are about 99 subjects in it, such as- defence, foreign, rail, port, bank, minerals etc.
️ State List :-
Generally there are about 66 subjects of regional importance, such as police, justice, local self-government, agriculture, irrigation, health etc.
️ Concurrent List :-
is about 47/52, such as foreclosure, legal process, social security etc.
️ Power Division :-
In the Indian Constitution, two types of governments have been considered - one federal (central) government and the other provincial (state) government. Article 245-255 of the Constitution declares the distribution of legislative powers between the Union and the States. The federal (central) government has subjects of national importance, while the provincial (state) government has subjects of provincial importance.
️ Federal Features of the Indian Constitution :-
Supremacy of the Constitution:- No power is above the Constitution. Everyone will work within the ambit of the constitution.
Division of Powers:- Powers are divided between the central and state governments in the country under three lists (Union List, State List and Concurrent List).
Independent Judiciary:- India has an independent judiciary which prevents the government from being dictatorial, and provides fair justice to all citizens.
Amendment System: - It is in line with the federal process.
There are three levels of governments:- Central, State and Local.
Characteristics of Unity in Indian Constitution :-
Along with the federal features in the Indian Constitution, there are also unitary features which are as follows:-
Single citizenship.
In the division of power, the federal (central) side is more powerful than the others.
One constitution for the union and the states.
Integrated Judiciary.
Unitary rule in emergency (centre powerful)
Appointment of governors by the President in the states.
Single Administrative System (All India Services – IAS)
Importance of federal government in constitutional amendment.
Why is there a strong central government in the Indian Union?
The reasons for the establishment of a powerful (strong) central (federal) government by the Indian Constitution are as follows:-
India like a continent is vast and full of many diversities and socio-economic problems.
The makers of the constitution wanted to settle those diversities and problems through a powerful central government.
At the time of the country's independence (1947), there were more than 500 princely states, all of them could be included in the Indian Union only through a powerful central government.
Tension in Indian federal system :-
Centre-State Relations – The States often oppose the granting of more power to the Center in the Constitution. And the state makes the following demands.
Demand for autonomy :-
1. From time to time, many states and political parties have raised the demand for giving more autonomy to the states as compared to the center, which is in the following forms.
2. Financial autonomy:- States should have more sources of income and state control over resources.
3. Administrative autonomy: - The division of power should be changed in favor of the states. Powers of greater importance to the states. be given powers.
4. Cultural and linguistic issues: - Demand for promotion of Punjabi and Sanskrit in Punjab against Hindi in Tamil Nadu.
Role of Governor and President's Rule :-
1. Governors are appointed by the President by the Central Government without the consent of the State Governments.
2. Imposition of President's rule in the states by improper use of Article 356 by the Central Government through the Governor.
Demand for new states :-
1. There has also been tension regarding the demand for the formation of new states in the Indian federal system.
Interstate dispute: -
1. There are many examples of mutual disputes between two or more states in a federal system.
2. Border disputes between states – such as the conflict between Maharashtra and Karnataka over Belgaum. .
3. Disputes regarding the sharing of water of rivers, such as Karnataka and Tamil Nadu Cauvery waters are embroiled in a dispute.
Specific provisions: (State of Jammu and Kashmir, the northeastern): -
1. Article 370 of the Constitution has given special status to Jammu and Kashmir. For example, separate constitution, separate flag and Indian Parliament cannot impose emergency without the consent of the state government etc.
2. Articles 371 to 371 (i) of the Constitution give special status to Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh and Goa.
