Federalism

Learning Outcomes:

1. Comprehend the meaning of Federalism.
2. Identify the federal provisions in the Indian Constitution.
3. Understand the center-state relationship and its complexities.
4. Explore the special provisions granted to states with distinct features.

What is Federalism?

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.

Basic Concepts of Federalism

1. Dual Polity: Federalism allows for two levels of governance—regional and national—each autonomous in its domain. For example, while the Union Government handles defense and currency, State Governments manage local issues like police and agriculture.
2. Dual Identity: Citizens have dual identities, being part of their region and their nation, much like how students belong to different classes yet remain part of the same school.
3. Constitutional Supremacy: A written constitution defines the powers of both governments, with an independent judiciary ensuring smooth relations and conflict resolution between the two.
4. Judicial Role: The judiciary resolves conflicts between the center and the states, preventing domination by any single state or region.

Important Note:

Federalism is not a rigid set of rules but evolves based on historical, political, and social contexts.

Federalism in Other Nations

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.

Federalism in the Indian Constitution

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.

1. Division of Powers: There are two sets of governments in India: the Union Government for the nation and State Governments for each state. The Constitution divides powers between them into three lists: Union List, State List, and Concurrent List.
2. Residuary Powers: Matters not specified in these lists fall under the jurisdiction of the Union Government.

Table of Power Division:

Note: Financial powers are centralized, with the Union Government controlling most revenue sources.

Federalism with a Strong Central Government

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:

1. Formation of States: Parliament has the power to reorganize states, alter their boundaries, and change their names.
2. Emergency Provisions: The central government can take control during emergencies, making laws on state subjects and overriding normal federal arrangements.
3. Financial Centralization: Most revenue sources are controlled by the center, making states reliant on financial assistance from the Union Government. Planning and resource management also fall under the center’s control, often leading to complaints of discrimination against opposition-ruled states.

Important Note:

The central government’s control over the appointment and dismissal of Governors and state governments also reflects its strong position.

Conflicts in India’s Federal System

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.

1. Political Autonomy: As opposition parties gained power in various states in the 1960s, there were increasing demands for greater state autonomy and less interference from the Congress-ruled central government.
2. Financial Autonomy: States have called for independent revenue sources, arguing that the current distribution of financial resources favors the center.
3. Cultural Autonomy: Linguistic and cultural issues have also fueled demands for autonomy. For example, Tamil Nadu opposed the imposition of Hindi, while Punjab advocated for the promotion of Punjabi language and culture.
4. Administrative Autonomy: States resent central control over their administrative machinery, particularly the appointment of Governors who act as representatives of the center.

Role of Governors and President’s Rule

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.

Important Note:

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.

Demands for New States

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.

Interstate Conflicts

Border and river disputes between states are another significant source of tension. For instance:

1. The Belgaum dispute between Maharashtra and Karnataka.
2. The Cauvery river water dispute between Tamil Nadu and Karnataka.

Such disputes often require judicial intervention, but resolutions are more effective through negotiations and mutual understanding.

Special Provisions for Certain States

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.

Important Note:

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