Learning Outcomes:
- Comprehend the meaning of Federalism.
- Identify the federal provisions in the Indian Constitution.
- Understand the center-state relationship and its complexities.
- Explore the special provisions granted to states with distinct features.
Federalism is a system of government where there are two levels of governance: one at the national level and the other at the regional or state level. The USSR’s collapse in 1989 serves as an example of how excessive centralization can undermine unity, as seen with the break-up into independent countries like Uzbekistan. A similar fate was experienced by Czechoslovakia and Yugoslavia. In contrast, India’s federal structure has allowed the nation to remain united for over seven decades despite diverse languages, cultures, and religions.
Countries like Canada and Pakistan also had federations but faced challenges due to conflicting interests. India’s achievement lies in remaining united by accommodating its diverse regional interests through its federal system. Unlike other countries, India has managed this balance by ensuring that both the central government and the regional governments have clearly defined powers, responsibilities, and levels of autonomy.
Federalism is not a rigid set of rules but evolves based on historical, political, and social contexts.
West Indies is an example of a federation that failed due to a weak central government and strong regional units. The Federation of West Indies dissolved in 1962 due to competition among its member states, leading to the establishment of the Caribbean Community in 1973, with some degree of joint authority like a common currency and legislature.
Nigeria provides another perspective where religious, ethnic, and economic differences created tensions in its federal structure. Federalism was introduced after the Ibadan Constitutional Conference (1950), but conflicts among the major ethnic groups, Yoruba, Ibo, and Hausa-Fulani, caused instability, culminating in military rule and the suspension of regional police powers. Although democracy was restored in 1999, the country still struggles with control over resources like oil.
Indian federalism emerged from the need to accommodate both regional diversity and national unity. The framers of the Indian Constitution recognized the necessity of power-sharing between the provinces and the center to govern a country as large and diverse as India. Unlike other constitutions, India’s Constitution does not explicitly use the word “federation.” Instead, Article 1 refers to India as a Union of States, emphasizing unity while accommodating diversity.
Union List | State List | Concurrent List |
---|---|---|
Defense, Atomic Energy | Police, Agriculture | Education, Forests |
Foreign Affairs, Currency | Public Health, Local Govt. | Trade Unions, Adoption |
Railways, Ports, Airways | Liquor, Land, Trade | Transfer of Property (non-agricultural land) |
Note: Financial powers are centralized, with the Union Government controlling most revenue sources.
The Indian Constitution creates a strong center, which is essential given India’s size, diversity, and historical need for national integration. The central government’s dominance is evident in several ways:
The central government’s control over the appointment and dismissal of Governors and state governments also reflects its strong position.
Though the Constitution provides for a balanced federal system, tensions have arisen between the center and the states. States have frequently demanded greater autonomy, particularly in financial and administrative matters.
The Governor is appointed by the central government, which has often led to accusations of partisanship. The Sarkaria Commission (1983) recommended non-partisan appointments, but conflicts persist.
Article 356, which allows for President’s Rule in states, has been a point of contention. This provision was initially intended for exceptional situations, but has been misused to dismiss state governments.
The use of Article 356 has been controversial, especially when it has been invoked without testing the majority of a state government in the assembly.
The demand for the creation of new states based on linguistic identity has been a recurring theme in India. In 1956, the States Reorganisation Commission recommended the formation of linguistic states, leading to the creation of Gujarat, Maharashtra, Punjab, Haryana, and several northeastern states. More recently, states like Chhattisgarh, Uttarakhand, and Telangana were formed to meet demands for greater administrative efficiency and regional identity.
Border and river disputes between states are another significant source of tension. For instance:
Such disputes often require judicial intervention, but resolutions are more effective through negotiations and mutual understanding.
India’s federal structure allows for special provisions for certain states, particularly those with unique historical or cultural contexts. This is evident in the north-eastern states, where provisions exist to safeguard the distinct tribal populations.
The state of Jammu and Kashmir (prior to 2019) had a unique position under Article 370, which granted it greater autonomy. However, this special status was removed with the Jammu and Kashmir Reorganisation Act 2019, bifurcating the state into two union territories: Jammu and Kashmir and Ladakh.
Special provisions recognize the unique cultural and historical contexts of some states, but also create tensions regarding perceived inequalities.
MCQ:
Which of the following states was created in 2014?
Answer: Telangana