CHAPTER 7 — FEDERALISM

INTRODUCTION

1. Meaning:
   • Federalism is a system of government where power is divided between a central (national) authority and regional (state/provincial) authorities.
   • Each level of government has its own jurisdiction and functions independently within that sphere.
2. Purpose:
   • To balance unity and diversity in large nations.
   • To protect regional identities while maintaining national integrity.
   • It allows for shared governance, reducing chances of tyranny by concentrating all power at one level.
3. Need for Federalism:
   • Large countries with linguistic, cultural, and geographical diversity need power-sharing.
   • It ensures better administration, local participation, and accommodation of diversity.
   • Helps maintain political stability and economic cooperation among states.
4. Examples of Federal Countries:
   • United States, Canada, Australia, Switzerland, India, Germany, Brazil, Russia, Nigeria.
5. Unitary vs Federal Systems:
   • Unitary: All powers centralized in one government (e.g., UK, France, Japan).
   • Federal: Power divided between central and regional governments (e.g., India, USA).

WHAT IS FEDERALISM?

1. Definition:
   • Federalism is a political system where powers and functions are constitutionally divided between two or more levels of government.
2. Key Features of Federalism:
   • Two levels of government: Central and State.
   • Division of powers: Defined by the Constitution.
   • Supremacy of the Constitution: Both levels derive power from the Constitution.
   • Independent Judiciary: To interpret the Constitution and resolve disputes.
   • Rigid Constitution: To prevent arbitrary changes in the power-sharing arrangement.
   • Bicameral Legislature: Usually to represent states in one house (e.g., Rajya Sabha in India).
3. Objectives of Federalism:
   • Promote unity in diversity.
   • Prevent concentration of power.
   • Encourage participation of people in governance.
   • Ensure efficient governance by sharing administrative responsibilities.
4. Two Types of Federalism:
   • Coming Together Federation: Independent states come together to form a union (e.g., USA, Switzerland).
   • Holding Together Federation: One large country decides to divide powers between national and regional governments (e.g., India, Spain, Belgium).
5. Federalism and Democracy:
   • Both rest on power-sharing and consent of the governed.
   • Federalism strengthens democracy by allowing representation of diverse groups.

FEDERALISM IN THE INDIAN CONSTITUTION

1. Historical Background:
   • Before independence, India had provinces and princely states under British rule.
   • The framers of the Constitution sought to create a strong yet flexible federation to hold India together.
2. Nature of Indian Federalism:
   • India is described as a “Union of States” (Article 1).
   • It is not a result of an agreement among states, but a creation of the Constitution itself.
   • Indian federalism is often called “quasi-federal” — a mixture of federal and unitary features.
3. Federal Features in the Indian Constitution:
   • Written Constitution: Clear distribution of powers.
   • Dual polity: Centre and States.
   • Division of powers: Between Centre and States.
   • Independent judiciary: Supreme Court acts as the guardian of the Constitution.
   • Supremacy of the Constitution: Both levels of government act according to it.
   • Bicameralism: Parliament consists of Lok Sabha and Rajya Sabha (states represented in Rajya Sabha).
4. Unitary Features in the Indian Constitution:
   • Strong Centre: More powers with Union Government.
   • Single Constitution: No separate state constitutions (except Jammu & Kashmir earlier).
   • Single citizenship: All Indians are citizens of India, not of states.
   • Emergency provisions: Centre can take control during crises.
   • Integrated judiciary: Single judicial system for entire country.
   • All India Services: Officers like IAS, IPS serve both Union and State governments.
5. Article 1 – “India, that is Bharat, shall be a Union of States.”
   • Emphasizes unity and indestructible Union of destructible States.
   • States cannot secede from the Union.
6. Balance Between Federal and Unitary Elements:
   • India’s Constitution makers wanted unity with diversity.
   • Thus, they made a system where Centre is strong, but States have autonomy in certain matters.

DIVISION OF POWERS

1. Constitutional Basis:
   • The Seventh Schedule of the Constitution divides subjects into three lists:
     • Union List (97 subjects) – Centre’s jurisdiction.
     • State List (66 subjects) – States’ jurisdiction.
     • Concurrent List (47 subjects) – Both Centre and States can make laws.
2. Union List:
   • Matters of national importance where uniformity is essential.
   • Examples: Defence, Foreign Affairs, Atomic Energy, Railways, Banking, Currency, Communication, Census, etc.
3. State List:
   • Matters of regional or local importance.
   • Examples: Police, Public Health, Agriculture, Irrigation, Prisons, Local Government, Trade, etc.
4. Concurrent List:
   • Subjects where both Centre and States can legislate.
   • Examples: Education, Forests, Trade Unions, Marriage and Divorce, Criminal Law, Electricity.
   • If conflict arises, the Union law prevails (Article 254).
5. Residuary Powers:
   • Subjects not mentioned in any of the three lists belong to the Union Government (Article 248).
   • Example: Cyber laws, space research, atomic energy.
6. Distribution of Revenues (Financial Federalism):
   • Taxes divided between Centre and States.
   • Finance Commission (Article 280) recommends distribution of revenues.
   • Grants-in-aid are given by Centre to States for specific purposes.
7. Inter-State Relations:
   • Inter-State Council (Article 263) promotes coordination.
   • Zonal Councils encourage cooperation among neighboring states.
   • River-water disputes, boundary issues, and resource sharing handled through legal and constitutional means.

FEDERALISM WITH A STRONG CENTRAL GOVERNMENT

1. Reason for Strong Centre:
   • India’s diversity, size, and history of partition required a strong central authority.
   • To maintain unity, integrity, and national security.
2. Examples of Central Dominance:
   • Centre controls defence, communication, finance, foreign affairs.
   • During emergencies, Centre can take over States’ powers.
   • Governor and All India Services ensure Centre’s influence at the state level.
   • Parliament can change state boundaries or names (Article 3).
3. Criticism of Strong Centre:
   • Some argue that States have limited autonomy.
   • Federal balance sometimes tilted in favor of Centre.
   • Political misuse of President’s Rule weakened State governments.
4. Advantages of Strong Centre:
   • Promotes national integration.
   • Ensures uniform policies for development.
   • Prevents secessionist movements.
   • Facilitates efficient crisis management.
5. Federalism in Practice:
   • India has moved towards cooperative federalism after 1990s.
   • Rise of regional parties, coalition politics, and economic reforms increased States’ participation.

ROLE OF GOVERNORS AND PRESIDENT’S RULE

1. Governor as a Link Between Centre and State:
   • Governor is the constitutional head of the state (Article 153).
   • Appointed by the President (on advice of Union Cabinet).
   • Represents the Union Government in the state.
2. Functions of the Governor:
   • Executive Role: Appoints Chief Minister and Council of Ministers.
   • Legislative Role: Summons and dissolves the State Legislature, gives assent to bills.
   • Judicial Role: Can grant pardons or remissions for offences under state laws.
   • Discretionary Powers:
     • When no clear majority after elections.
     • When recommending President’s Rule under Article 356.
     • Reserving bills for the President’s consideration.
3. President’s Rule (Article 356):
   • Imposed when constitutional machinery fails in a state.
   • Based on the Governor’s report or otherwise.
   • During President’s Rule:
     • State government and assembly are suspended.
     • President (through Governor) administers the state.
4. Duration of President’s Rule:
   • Initially for 6 months, can be extended up to 3 years with Parliament’s approval.
   • Every 6 months, parliamentary approval is needed.
5. Criticism:
   • Misuse of Article 356 for political reasons (especially before 1990s).
   • Used to dismiss opposition governments.
   • S.R. Bommai Case (1994): Supreme Court restricted arbitrary use; made President’s Rule subject to judicial review.
6. Reform Measures:
   • Strengthen federal spirit.
   • Limit discretionary power of Governors.
   • Promote cooperative federalism through dialogue and coordination.

SPECIAL PROVISIONS FOR CERTAIN STATES

1. Why Special Provisions?
   • To respect historical, cultural, and geographical diversity.
   • Some states have unique social or political circumstances requiring special arrangements.
2. Examples of Special Provisions (Articles 371 to 371J):
   • Maharashtra and Gujarat (371): Development boards for backward areas.
   • Nagaland (371A): Naga customary laws and ownership of resources protected.
   • Assam (371B): Autonomous councils for tribal areas.
   • Manipur (371C): Committee for administration of hill areas.
   • Andhra Pradesh and Telangana (371D): Equal opportunities in education and employment.
   • Sikkim (371F): Representation and integration safeguards.
   • Goa (371I): Special status regarding land rights.
   • Karnataka (371J): Special provisions for Hyderabad-Karnataka region.
3. Union Territories (UTs):
   • Administered directly by the President through an Administrator or Lieutenant Governor.
   • Some UTs (like Delhi, Puducherry, Jammu & Kashmir, Ladakh) have legislative assemblies with limited powers.

JAMMU AND KASHMIR (SPECIAL STATUS AND CHANGES)

1. Historical Background:
   • Joined India through Instrument of Accession (1947) after independence.
   • Granted special status under Article 370.
2. Article 370 – Key Features (before 2019):
   • J&K had its own Constitution and flag.
   • Indian Parliament had limited powers over J&K.
   • Laws related to defence, foreign affairs, and communications applied automatically; others required State’s concurrence.
3. Autonomy Under Article 370:
   • State had its own laws on residency, property ownership, and fundamental rights.
   • Central laws were not automatically applicable.
4. Abolition of Article 370 (2019):
   • In August 2019, the Government of India abrogated Article 370 through a Presidential Order and Parliamentary Resolution.
   • J&K was reorganized into two Union Territories:
     • Jammu and Kashmir (with Legislature)
     • Ladakh (without Legislature)
5. Implications of the Change:
   • Full applicability of Indian Constitution and laws to J&K.
   • End of separate Constitution and flag.
   • Central Government gained greater control.
   • Integration aimed at uniform development and national unity.
6. Contemporary Federal Implications:
   • Strengthened unitary aspect of Indian federalism.
   • Sparked debates on state autonomy and cooperative federalism.

COOPERATIVE AND COMPETITIVE FEDERALISM

1. Cooperative Federalism:
   • Centre and States work together for national goals.
   • Example: NITI Aayog, GST Council, Centrally Sponsored Schemes.
   • Promotes collaboration and trust.
2. Competitive Federalism:
   • States compete with each other to attract investment, improve governance, and boost development.
   • Encourages efficiency, innovation, and accountability.
3. Changing Nature:
   • Indian federalism evolving towards a balance between cooperation and competition.
   • Economic liberalization, coalition politics, and decentralization strengthened state role.

CONCLUSION

1. Federalism in India has ensured the unity of the nation despite enormous diversity.
2. It has balanced centralized authority with regional autonomy.
3. Over time, the system evolved from centralized federalism to cooperative federalism.
4. The Constitution’s design allows flexibility — to respond to political, social, and economic challenges.
5. The success of Indian federalism depends on:
   • Respect for constitutional provisions.
   • Spirit of cooperation and mutual trust between Centre and States.
   • Decentralized governance and inclusive participation.

KEY TERMS

✅ Summary Points for Exam Revision

1. India is a quasi-federal state with both federal and unitary features.
2. Constitutional division of powers is given in the Seventh Schedule.
3. The Centre is stronger to maintain unity and security.
4. Governor acts as a link between the Union and the State.
5. President’s Rule (Art. 356) – used only in case of constitutional breakdown in a state.
6. Special Provisions (Art. 371–371J) – for unique regional conditions.
7. Article 370 (revoked 2019) – ended J&K’s special autonomy.
8. India’s federalism is evolving towards cooperative and competitive models.