INDIAN FEDERALISM
• Federalism is a system of government in which powers have been divided between the centre and its constituent parts such as states or provinces.
• It is an institutional mechanism to accommodate two sets of politics, one at the centre or national level and second at the regional or provincial level. Both the sets of power are autonomous in their own spheres.
• A federal system is different from a unitary system in that sovereignty is constitutionally split between two territorial levels so that each level can act independently of each other in some areas.
• There are two kinds of federations:
• Holding Together Federation – in this type, powers are shared between various constituent parts to accommodate the diversity in the whole entity. Here, powers are generally tilted towards the central authority. Example: India, Spain, Belgium.
• Coming Together Federation – in this type, independent states come together to form a larger unit. Here, states enjoy more autonomy as compared to the holding together kind of federation. Example: USA, Australia, Switzerland.
Background of Federalism :
• Federalism in India describes the distribution of legal authority across national, state and local governments in India.
• Meanwhile , The Constitution of India establishes a federal structure to the Indian government, declaring it to be a “Union of States”.
• In addition to , Part XI of the Indian constitution specifies the distribution of legislative, administrative and executive powers between the Union/Federal/Central government and the States of India and hence Indian federation is the federal system of its own kind.
Features of the federal system:
1. Governments at least two levels
2. Division of powers between various levels
3. Rigidity of constitution
4. Independence judiciary
5. Dual citizenship
6. Bicameralism
Federalism in India
• India is a federal system but with more tilt towards a unitary system of government.
• It is sometimes considered a quasi-federal system as it has features of both a federal and a unitary system.
• Article 1 of the Indian Constitution states, ‘India, that is Bharat, shall be a union of states’. The word federation is not mentioned in the constitution.
• Elements of federalism were introduced into modern India by the Government of India Act of 1919 which separated powers between the centre and the provincial legislatures.
Federal features of the Indian Union
• Governments at two levels – centre and states
• Division of powers between the centre and states – there are three lists given in the Seventh Schedule of the Constitution which gives the subjects each level has jurisdiction in:
• It is an institutional mechanism to accommodate two sets of politics, one at the centre or national level and second at the regional or provincial level. Both the sets of power are autonomous in their own spheres.
• A federal system is different from a unitary system in that sovereignty is constitutionally split between two territorial levels so that each level can act independently of each other in some areas.
• There are two kinds of federations:
• Holding Together Federation – in this type, powers are shared between various constituent parts to accommodate the diversity in the whole entity. Here, powers are generally tilted towards the central authority. Example: India, Spain, Belgium.
• Coming Together Federation – in this type, independent states come together to form a larger unit. Here, states enjoy more autonomy as compared to the holding together kind of federation. Example: USA, Australia, Switzerland.
Background of Federalism :
• Federalism in India describes the distribution of legal authority across national, state and local governments in India.
• Meanwhile , The Constitution of India establishes a federal structure to the Indian government, declaring it to be a “Union of States”.
• In addition to , Part XI of the Indian constitution specifies the distribution of legislative, administrative and executive powers between the Union/Federal/Central government and the States of India and hence Indian federation is the federal system of its own kind.
Features of the federal system:
1. Governments at least two levels
2. Division of powers between various levels
3. Rigidity of constitution
4. Independence judiciary
5. Dual citizenship
6. Bicameralism
Federalism in India
• India is a federal system but with more tilt towards a unitary system of government.
• It is sometimes considered a quasi-federal system as it has features of both a federal and a unitary system.
• Article 1 of the Indian Constitution states, ‘India, that is Bharat, shall be a union of states’. The word federation is not mentioned in the constitution.
• Elements of federalism were introduced into modern India by the Government of India Act of 1919 which separated powers between the centre and the provincial legislatures.
Federal features of the Indian Union
• Governments at two levels – centre and states
• Division of powers between the centre and states – there are three lists given in the Seventh Schedule of the Constitution which gives the subjects each level has jurisdiction in:
a.Union List
b.State List
c.Concurrent List
• Supremacy of the constitution – the basic structure of the constitution is indestructible as laid out by the judiciary. The constitution is the supreme law in India.
• Independent judiciary – the constitution provides for an independent and integrated judiciary. The lower and district courts are at the bottom levels, the high courts are at the state levels and at the topmost position is the Supreme Court. All courts are subordinate to the Supreme Court.
Unitary features of the Indian Union:
• The flexibility of the constitution – the constitution is a blend of flexibility and rigidity. Certain provisions of the constitution can be easily amended. In case the amendments seek to change aspects of federalism in India, the provision to bring about such amendments is not easy.
• More power vests with the Centre – the constitution guarantees more powers with the Union List. On the Concurrent List, the parliament can make laws that can override the laws made by a state legislature on some matters. The parliament can also make laws regarding certain subjects in the State List.
• Unequal representation of states in the Rajya Sabha – the representation of the states in the upper house is based on the states’ populations. For example, Uttar Pradesh has 31 seats and Goa, 1 in the Rajya Sabha. In an ideal federal system, all the states should have equal representation.
• The executive is a part of the legislature – in India, the executive in both the centre and the states is a part of the legislature. This goes against the principle of division of powers between the different organs of the government.
• Lok Sabha is more powerful than the Rajya Sabha – in our system, the lower house is more powerful than the upper house and unequal powers to two houses is against the principle of federalism.
• Emergency powers – the centre is provided with emergency powers. When an emergency is imposed, the centre has increased control over states. This undermines the autonomy of the states.
• Integrated judiciary – the judiciary in India is integrated. There is no separate judiciary at the centre and the state levels.
• Single citizenship – in India, only single citizenship is available to citizens. They cannot be citizens of the state as well. This helps in increasing the feeling of nationality as it forges unity amidst regional and cultural differences. It also augments fundamental rights such as the freedom of movement and residence in any part of the nation.
• Governor’s appointment – the governor of a state acts as the centre’s representative in the state. The state government does not appoint the governor, the centre does.
• New states formation – the parliament has the power to alter the territory of a state by increasing or reducing the area of the state. It can also change the name of a state.
• All India Services – through the All India Services such as the IAS, IPS, IRS, etc. the centre interferes in the executive powers of the states. These services also offer uniformity in administration throughout the nation.
• Integrated election machinery – the Election Commission of India is responsible for conducting free and fair elections at both the centre and the state levels in India. The members of the EC is appointed by the president.
• Veto over states bills – The governor of a state can reserve certain kinds of bills for the president’s consideration. The president enjoys absolute veto on these bills. He can even reject the bill at the second instance that is, when the bill is sent after reconsideration by the state legislature. This provision is a departure from the principles of federalism.
• Integrated audit machinery – the president of the country appoints the CAG who audits accounts of both the centre and the states.
• Power to remove key officials – the state government or state legislature does not have the authority to remove certain key government officials even at the state level like the election commissioner of a state, judges of the high courts, or the chairman of the state public service commissions.
Issues asking for more power to the states:
• States and local governments have responsibility for most of the things people need and expect from government on a daily basis—water supply, electricity, sanitation, drainage, police, courts, roads, traffic, schools, colleges, healthcare, and myriad public services.
• Moreover, Our politics is centred around the states, and national verdicts are generally a mere aggregate of states’ verdicts. The national government is largely notional for most people most of the time. States exercise real power, and yet are severely constrained in delivering outcomes.
• In the first five decades after independence, federalism was eroded by the Union’s arbitrary and partisan exercise of power. Now, the Union government has much less discretion compared to the earlier period; and yet, states are severely constrained in fulfilling their obligations to people.
Issues that threaten the Unity of India:
• The traumatic events surrounding the partition of India and fears of balkanization made our founding fathers opt for a highly centralized Union.
• Moreover, Five decades of union partisan politics is constrained by series of developments. A series of developments—the S.R. Bommai case verdict (1994) making abuse of Article 356 largely a thing of the past, successive Finance Commission reports on resource transfer, end of licence raj, decline of discretionary public sector investments, rise of regional parties and abolition of Planning Commission—helped create a more balanced federal India.
• Meanwhile, It is in India holding itself together that its constituent parts have the most to gain — a big common market with the free movement of labour.
• Time and again divisive forces raise their ugly heads to secede from the Union. In the past demand for Pakistan-backed Khalistan and clamour for Dravida Nadu created instability in the proposed regions and posed a threat to the unity of the country. However, lack of power of secession from the Union of India by the states and constitutionally-approved indestructibility of the Union saved India from disintegration.
• Even though regionalism is attributive of uneven economic development and under representation of some regions in the governance of the country, it is flamed by narrow-minded and anti-national forces to gain their nefarious goals. Strong centre is needs to contain this and to ensure India’s unity and integrity.
b.State List
c.Concurrent List
• Supremacy of the constitution – the basic structure of the constitution is indestructible as laid out by the judiciary. The constitution is the supreme law in India.
• Independent judiciary – the constitution provides for an independent and integrated judiciary. The lower and district courts are at the bottom levels, the high courts are at the state levels and at the topmost position is the Supreme Court. All courts are subordinate to the Supreme Court.
Unitary features of the Indian Union:
• The flexibility of the constitution – the constitution is a blend of flexibility and rigidity. Certain provisions of the constitution can be easily amended. In case the amendments seek to change aspects of federalism in India, the provision to bring about such amendments is not easy.
• More power vests with the Centre – the constitution guarantees more powers with the Union List. On the Concurrent List, the parliament can make laws that can override the laws made by a state legislature on some matters. The parliament can also make laws regarding certain subjects in the State List.
• Unequal representation of states in the Rajya Sabha – the representation of the states in the upper house is based on the states’ populations. For example, Uttar Pradesh has 31 seats and Goa, 1 in the Rajya Sabha. In an ideal federal system, all the states should have equal representation.
• The executive is a part of the legislature – in India, the executive in both the centre and the states is a part of the legislature. This goes against the principle of division of powers between the different organs of the government.
• Lok Sabha is more powerful than the Rajya Sabha – in our system, the lower house is more powerful than the upper house and unequal powers to two houses is against the principle of federalism.
• Emergency powers – the centre is provided with emergency powers. When an emergency is imposed, the centre has increased control over states. This undermines the autonomy of the states.
• Integrated judiciary – the judiciary in India is integrated. There is no separate judiciary at the centre and the state levels.
• Single citizenship – in India, only single citizenship is available to citizens. They cannot be citizens of the state as well. This helps in increasing the feeling of nationality as it forges unity amidst regional and cultural differences. It also augments fundamental rights such as the freedom of movement and residence in any part of the nation.
• Governor’s appointment – the governor of a state acts as the centre’s representative in the state. The state government does not appoint the governor, the centre does.
• New states formation – the parliament has the power to alter the territory of a state by increasing or reducing the area of the state. It can also change the name of a state.
• All India Services – through the All India Services such as the IAS, IPS, IRS, etc. the centre interferes in the executive powers of the states. These services also offer uniformity in administration throughout the nation.
• Integrated election machinery – the Election Commission of India is responsible for conducting free and fair elections at both the centre and the state levels in India. The members of the EC is appointed by the president.
• Veto over states bills – The governor of a state can reserve certain kinds of bills for the president’s consideration. The president enjoys absolute veto on these bills. He can even reject the bill at the second instance that is, when the bill is sent after reconsideration by the state legislature. This provision is a departure from the principles of federalism.
• Integrated audit machinery – the president of the country appoints the CAG who audits accounts of both the centre and the states.
• Power to remove key officials – the state government or state legislature does not have the authority to remove certain key government officials even at the state level like the election commissioner of a state, judges of the high courts, or the chairman of the state public service commissions.
Issues asking for more power to the states:
• States and local governments have responsibility for most of the things people need and expect from government on a daily basis—water supply, electricity, sanitation, drainage, police, courts, roads, traffic, schools, colleges, healthcare, and myriad public services.
• Moreover, Our politics is centred around the states, and national verdicts are generally a mere aggregate of states’ verdicts. The national government is largely notional for most people most of the time. States exercise real power, and yet are severely constrained in delivering outcomes.
• In the first five decades after independence, federalism was eroded by the Union’s arbitrary and partisan exercise of power. Now, the Union government has much less discretion compared to the earlier period; and yet, states are severely constrained in fulfilling their obligations to people.
Issues that threaten the Unity of India:
• The traumatic events surrounding the partition of India and fears of balkanization made our founding fathers opt for a highly centralized Union.
• Moreover, Five decades of union partisan politics is constrained by series of developments. A series of developments—the S.R. Bommai case verdict (1994) making abuse of Article 356 largely a thing of the past, successive Finance Commission reports on resource transfer, end of licence raj, decline of discretionary public sector investments, rise of regional parties and abolition of Planning Commission—helped create a more balanced federal India.
• Meanwhile, It is in India holding itself together that its constituent parts have the most to gain — a big common market with the free movement of labour.
• Time and again divisive forces raise their ugly heads to secede from the Union. In the past demand for Pakistan-backed Khalistan and clamour for Dravida Nadu created instability in the proposed regions and posed a threat to the unity of the country. However, lack of power of secession from the Union of India by the states and constitutionally-approved indestructibility of the Union saved India from disintegration.
• Even though regionalism is attributive of uneven economic development and under representation of some regions in the governance of the country, it is flamed by narrow-minded and anti-national forces to gain their nefarious goals. Strong centre is needs to contain this and to ensure India’s unity and integrity.
Magme Guru is India's Biggest learning free App for Aspirants who are competing for all government exams with more than 2350+ Subjects and 523+ Exams.
No comments:
Post a Comment