Federalism in India: Structure, Power Sharing, and Success

Posted on Sep 6, 2024 in Social sciences

Federalism in India

Introduction

Federalism is a system of government where power is divided between a central authority and constituent units (like states or provinces). India’s Constitution doesn’t explicitly mention “federation,” but the Indian Union is based on federal principles. Initially, it had two levels of government: the Union (Central) and State governments. Later, a third tier was added with Panchayats and Municipalities.

Key Features of Federalism

  1. Multiple levels of government.
  2. Different tiers govern the same citizens but have distinct jurisdictions.
  3. Jurisdictions are constitutionally defined.
  4. Fundamental provisions require consent from both levels for changes.
  5. Courts interpret the Constitution and resolve disputes.
  6. Each level has specified revenue sources.
  7. Federalism aims to safeguard unity while accommodating diversity.

Successful federalism requires mutual trust and agreement on power sharing.

Balance of Power

The balance between central and state governments varies depending on the federation’s formation. There are two main types:

  1. Coming Together Federations: Independent states unite for benefits like security (e.g., USA, Switzerland, Australia). Constituent states have significant power.
  2. Holding Together Federations: Power is shared among diverse groups (e.g., India, Spain, Belgium). The central government tends to be stronger, and some units may have special powers (e.g., Jammu & Kashmir in India).

List of Jurisdiction

  • Union List: Subjects of national importance (e.g., defense, foreign affairs, banking). Only the Union Government can legislate.
  • State List: Subjects of state and local importance (e.g., police, trade, agriculture). Only State Governments can legislate.
  • Concurrent List: Subjects of common interest (e.g., education, forests). Both Union and State can legislate, but Union law prevails in case of conflict.
  • Residuary List: Subjects not in any other list. The Union Government has the power to legislate.
  • Special Status: Some states have special provisions (e.g., Jammu & Kashmir’s own Constitution).

Union Territories

Some units, like Chandigarh and Delhi, are too small to be states and are called Union Territories. They have limited powers, and the Central Government has significant control.

Amending Power Sharing

Changing the power-sharing arrangement requires a two-thirds majority in both Houses of Parliament and ratification by at least half of the state legislatures.

Reasons for Success of Federalism in India

Linguistic States

Creating states based on language was a major test and success. It ensured that people speaking the same language lived in the same state. Some states were formed based on culture, ethnicity, or geography (e.g., Nagaland, Uttarakhand, Jharkhand).

Language Policy

India did not declare a national language, opting for Hindi as the official language. Safeguards protect other languages, with 21 recognized as Scheduled Languages.

Centre-State Relations

Restructuring Centre-State relations has strengthened federalism in practice.

Linguistic Diversity of India

India has incredible linguistic diversity, with 114 major languages identified in the 1991 Census. 22 are Scheduled Languages included in the Eighth Schedule of the Constitution.

Decentralization in India

A vast and diverse country like India needs more than two tiers of government. Decentralization empowers local governing bodies to address local issues and ensure people’s participation.

Panchayati Raj

The 1992 Constitutional amendment made the third tier (Panchayati Raj) more powerful:

  1. Mandatory regular elections for local bodies.
  2. Reserved seats for Scheduled Castes, Scheduled Tribes, Other Backward Classes, and women.
  3. State Election Commissions to conduct elections.
  4. Power and revenue sharing between State and local bodies.
  5. Gram Panchayats at the village level, with elected members and a Sarpanch.
  6. Panchayat Samitis or Mandals at the block level.
  7. Zilla Parishads at the district level.

Urban Local Bodies

Municipalities and Municipal Corporations govern urban areas, with elected representatives and a Mayor or Municipal Chairperson.