LESSON II

Definition
Federalism is a system of government in which the power is
divided between a central and state or provincial government.
Federal Government Unitary Government

1- There are two or more 1- Generally there is only

levels of governments one level of government.
e.g., national, state and In case of sub-units, they
local governments. are subordinate to the
national government.
2- There is division of 2- There is no division of
powers between different powers. The central or
levels of government. national government has
all the powers.
3- State governments are 3- The state governments or
not answerable to the sub-units are answerable
central or national to the central government.
government.
Federal Government Unitary Government

4- Jurisdiction of each 4- All powers are with the

government is specified in the central government. There is
constitution. no separate jurisdiction for
the sub-units. The central
government can grant powers
and take them back at
5- Constitutional amendments anytime.
cannot be made without the 5- The central government
consent of the state alone can make constitutional
governments. amendment like an ordinary
6- Sources of revenue are law.
divided among different levels 6- Sources of revenue are
of government. controlled by the central
government.
Features
• Two or more levels of government
There are two or more levels of government
that is national, state and local government.
• Separate jurisdiction
Different levels of government have
separate jurisdiction in specific matters of
legislation, taxation and administration.
• Guarantee of the constitution for
separate jurisdiction
Features
Each level of government has separate
jurisdicti0on that is mentioned in the constitution
and cannot be changed unilaterally by the central
government.
• Amendment to the constitution
No government—central or state—can amend the
constitution alone. Consent and approval of both
types of government is needed for amendment to
the constitution, especially fundamental
provisions.
Features
• Interpretation of the constitution
In case of any dispute between the centre and the
states, the federal courts like the Supreme Court of
India, decide and interpret the constitution.
• Sources of revenue
Different levels of government enjoy financial
autonomy. Sources of revenue are divided and
specified under the constitution.
• Dual objectives
 To safeguard and promote unity of the country.
 To accommodate regional diversity. It is based on
mutual trust and agreement to live together.
Two routes for formation of
federations in different countries
• Coming together federations
It involves independent states coming
together on their own to form a bigger unit,
so that by pooling sovereignty and retaining
identity they can increase their security. It
includes the USA, Switzerland and
Australia. In this all the constituent states
usually have equal powers and are strong
in relation to the federal government.
Two routes for formation of
federations in different countries
• Holding together federations
In this a large country decides to divide its
power between the constituent states and
the national government. India, Spain and
Belgium are its examples. Central tends to
be more powerful in relation to the states.
Very often, different constituent units of the
federation have unequal powers. Some
units are granted special powers.
What makes India a federal country?
Two or three levels of government
• Division of powers
– Union list
– State list
– Concurrent list
– Residuary subjects
• Special powers/provisions for some states in India
• Amendment to the constitution
• Independent courts and interpretation of the
constitution
• Independent resources
How is federalism practised?
Linguistic states
In 1950s, several old states vanished
from the political map of India and
new states came into existence by
changing the area as well as the
boundaries of the old states. This was
done to ensure that people who
spoke the same language lived in the
same state. Some states were
created not on the basis of language,
but to recognize differences based on
culture, ethnicity or geography. These
include states like Nagaland,
Uttarakhand and Jharkhand.
How is federalism practised?
Language policy
India is a multi-linguistic country.
Our constitution recognizes 22
languages including Hindi as
scheduled language. Hindi, which
is spoken by 40% people, is the
official language. The candidates
in the civil service examinations
can opt for any language.
How is federalism practised?
The states have their own official language.
According to our constitution, the use of
English for official purposes was to stop in
1965. The leaders adopted a cautious
approach. When the time to stop English for
official purposes came, there was opposition
from non-Hindi states. Agitations too were
started. It was therefore decided that English
would continue along with Hindi for official
purposes.
How is federalism practised?
Official Language Act provides that English
would remain the official language for the
country so long as non-Hindi speaking states
desire. Thus, this approach has helped in
avoiding confrontation with non-Hindi
speaking states, particularly Tamil Nadu. It
has also strengthened the spirit of federalism.
The flexibility shown by political leaders has
thus helped to avoid the kind of situation that
is found in Sri Lanka.
How is federalism practised?
Centre-State relations
• Constitution provides for division of
powers between centre and states. In
reality, however much depends on the
ruling parties at the centre and the states.
• In the beginning, the central governments
and state governments were controlled by
one political party, which is Congress. The
central government dominated over the
state governments.
How is federalism practised?
• After 1967, when some opposition or
different political parties came to power in
the states, the relations between the centre
and the states changed. The central
government misused the powers under
Article 356 of the constitution and dismissed
the governments led by the rival parties.
This was against the spirit of federalism.
How is federalism practised?
• After 1990, coalition was formed at the centre.
Regional parties became powerful in the states.
Since no single party was able to secure
majority, different parties formed alliances, such
as NDA, and UPA. Under such arrangement,
culture for power-sharing and respect for
autonomy of state governments spread in India.
The Supreme Court too made it difficult for the
central government to dismiss the state
governments in an arbitrary manner. Thus
federal structure has been strengthened by the
coming of coalition governments and centre-
state relations in the present situation.
What is Decentralisation?
When power is taken away from central and
state government and given to local
government, it is called decentralisation.
What is the rationale for decentralisation
of power?
A vast country like India cannot be run only
through these two tiers (centre and state).
States in India are as large independent
countries of Europe.
What is Decentralisation?
In terms of population, UP is bigger than
Russia, Maharashtra is about as big as
Germany. Many of these states are internally
very diverse. There is thus a need for power-
sharing within these states. Federal power-
sharing in India needs another tier of
government below that of the state
government. This is the rationale for
decentralisation of power. Thus resulted a third
tier of government called local government.
What is the basic idea behind the
decentralisation in India?
The basic idea behind decentralisation is that there are a large no. of problems
and issues which are best settled at the local level.
• People have better knowledge of problems in their localities.
• They also have better ideas on where to
spend money and how to manage things
more efficiently.
• At the local level it is possible for the
people to directly participate in decision-making.
This helps to inculcate a habit of democratic
participation.
• Local government is the best way to realise
one important principle of democracy, namely
local-self-government.
Local government before and after the
constitutional amendment in 1992
Before 1992
 Village Panchayat and Municipalities were directly
under the direct control of the State government.
 Elections to these local governments were not held
regularly.
 Local government did not have powers or
resources of their own.
 There was very little decentralisation in effective
terms.
Local government before and after the
constitutional amendment in 1992
After 1992
 Now it is constitutionally mandatory to hold regular
elections to local government bodies.
 Seats are reserved in the elected bodies and the executive
heads of these institutions for the scheduled castes,
scheduled tribes and other backward classes.
 At least 1/3rd of all positions are reserved for women.
 An independent called the State Election Commission has
been created in each state to conduct Panchayat and
Municipal elections.
 The state governments are required to share some powers
and revenue wit local government bodies. The nature of
sharing varies from state to state.
Rural Local government in India
Panchayati Raj: Rural local government is
popularly known by the name Panchayati Raj.
 Each village, or a group of villages in some
states, has a gram panchayat.
 This is a council consisting of several ward
members often called Panch, and a president
or, Sarpanch.
 They are directly elected by all the adult
population living in that ward or village.
 It is the decision-making body for the entire
village. The Panchayat works under the overall
supervision of the Gram Sabha.
Rural Local government in India
 All the voters in the village are its members. It
has to meet at least twice or thrice in a year to
approve the annual budget of the Gram
Panchayat and to review the performance of
the Gram Panchayat.
Panchayat Samiti/Block Samiti:
 A few Gram Panchayats are grouped together
to form what is called a Panchayat Samiti or
Block Samiti..
 The members of this representative body are
elected by all the Panchayat members in that
area.
Rural Local government in India
Zilla Parishad:
 All the Panchayat Samitis or Mandals in a
district together constitute the Zilla Parishad.
 Most members of the Zilla Parishad are
elected.
 Members of the Lok Sabha and the MLAs of
that district and some other officials of other
district-level bodies are also its members.
 Zilla Parishad chairperson is the political head
of the Zilla Parishad.
Urban Local Self Governing bodies
Local government bodies exist for urban areas
as well. Municipalities are set up in towns. Big
cities are constituted into Municipal corporations.
• Both Municipalities and Municipal
corporations are controlled by elected bodies
consisting of people’s representatives.
• Municipal Chairperson is the political head of
the Municipality. In Municipal corporation,
such an officer is called a Mayor.
Achievements of the new system of local government
Achievements
 This new system of local government is the largest
experiment in democracy conducted anywhere in
the world.
 There are now about 36 lac elected representatives
in the Panchayats and Municipalities etc. all over
the country.
 This no. is bigger than the population of many
countries of the world.
 Constitutional status for local government has
helped to deepen democracy in the country.
 It has also increased women’s representation and
voice in our democracy.
Achievements of the new system of local government
Problems
 While elections are held regularly, Gram
Sabhas are not held regularly.
 Most state governments have not transferred
significant powers to the local government,
nor have they given adequate resources.
 We are thus still a long way from realising the
ideal of self-government.