Federalism Class 11 Political Science

What is Federalism?

Federalism is a principle form of political organization that involves the division of power and authority between a central or federal government and multiple constituent units, such as states, provinces, or regions. Under federalism, both the central government and the constituent units possess significant powers and autonomy within their respective spheres of authority, which are delineated by a constitution or other legal framework.

Federalism Overview:

• Institutional mechanism for two sets of polities: regional and national.
• Each government is autonomous in its sphere.
• Some federal countries have dual citizenship, unlike India with single citizenship.

• Dual Identities: People identify both regionally (e.g., Gujaratis, Jharkhandis) and nationally as Indians.
• Distinct Powers and Responsibilities: Each level of polity has separate government systems. Powers and responsibilities outlined in a written constitution.
• Division of Subjects: Certain subjects like Defense and Currency are national responsibilities. Regional matters fall under the jurisdiction of state governments.
• Conflict Prevention: Independent judiciary to settle disputes between central and stategovernments. Judiciary resolves legal matters about the division of power.

What factors help in the smooth functioning of Federalism?

• Determinants of Federation Functionality: Politics, culture, ideology, and history shape a federation's functionality.
• Smooth Operation Factors: Culture of trust, cooperation, mutual respect, and constraint enhances federation performance.
• Influence of Political Parties: Political parties impact how a constitution operates within a federation.
• Dominance Challenges: Dominance by a single unit, state, language group, or philosophy can lead to resentment.
• Potential Consequences: Resentment may result in requests for secession or even civil wars by aggrieved units.

West Indies Federation

• Formation of the Federation (1958): The West Indies Federation was established by the British, encompassing several Caribbean islands. It was characterized by a weak central authority with each island managing its own economy independently.

• Dissolution (1962): Due to political rivalries and economic independence among the islands, the federation dissolved after only four years.

• Formation of the Caribbean Community (1973): Post-dissolution, the independent islands signed the Treaty of Chiguaramas, leading to the formation of the Caribbean Community (CARICOM). This organization aimed to foster regional integration and cooperation.

• Structure of CARICOM: The community established several joint authorities including a common legislature, a supreme court, and a unified market and currency. It also features a common executive body where heads of member governments participate.

• Continued Challenges: Despite the formal structures, the islands face ongoing challenges in balancing regional integration with local autonomy, illustrating their interdependence and individual identities.

Federalism in Nigeria

Federal Government of NigeriaHistorical Background:

• Northern and Southern Nigeria: Distinct British possessions until 1914.
• Federal Constitution: Established in 1950 at the Ibadan Constitutional Conference.
• Ethnic Governance:
  • Three major ethnic groups: Yoruba, Ibo, and Hausa-Fulani.
  • Regional Governance: Each group governed a specific region (Yoruba - West, Ibo - East, Hausa-Fulani - North).
• Power Struggles and Conflict:
  • Desire for power expansion by ethnic groups.
  • Resulted in fear and warfare, leading to the establishment of military administration.
• Military Rule and Constitutional Changes:
  • 1960 Constitution: Joint federal and regional administration of Nigerian police.
  • 1979 Constitution: Military administration, no state allowed to have a civil police force.
• Return to Democracy (1999):
  • Nigeria regained democracy in 1999.
• Contemporary Challenges:
  • Religious Divisions: Persisting issue.
  • Oil Revenue Management: Disputes over control and management of oil resources.
  • Local Opposition: Ethnic groups oppose centralization of power over oil resources.
• Current State of Nigeria:
  • Blend of Divisions: Religious, ethnic, and economic divisions persist among groups.
  • Contentious Federation: Federal arrangement has struggled to produce a stable state.

[Question: 928074]

Federalism in the Indian Constitution

• Constitutional Basis:
  • The term "federation" is not explicitly mentioned in the Constitution of India.
  • Article 1: Declares India as a Union of States.
  • First Schedule: Specifies the States and their territories.
• Dual Government Structure:
  • Two sets of government: Union government (central government) and state governments.
  • Both have constitutional status and defined areas of activity.
• Resolution of Disputes:
  • Disputes over powers between the union and states resolved through the judiciary.
  • Resolution based on constitutional provisions.
• Exclusive Domain Differentiation:
  • Constitution clearly differentiates subjects under exclusive domain of the union from those under states.
• Centralization of Economic and Financial Powers:
  • Indian Constitution centralizes economic and financial powers in the central government.
  • States have significant responsibilities but limited revenue sources.

Division of Powers

• Distribution of Powers:
  • Constitution of India divides powers and responsibilities between central and state governments.
• Three Lists of Subjects:
  • Union List: 100 subjects (originally 97).
  • State List: 61 subjects (originally 66).
  • Concurrent List: 52 subjects (originally 47).
• Concurrent List Dynamics:
  • Both central and state governments can enact laws on Concurrent List subjects.
  • In case of conflict, central law prevails.
• Residual Subjects:
  • Residual subjects (not in any list) assigned to the central government.

Federalism with a Strong Central Government

• Centralized Government for National Unity:
  • Indian Constitution establishes a powerful central government.
  • Deemed necessary due to India's vast size, diversity, and socialissues.
  • Aimed at addressing poverty, illiteracy, and wealth inequality through coordinated planning.
• Grant of Significant Authority to Central Government:
  • Parliament empowered to alter state's territorial integrity, boundaries, and name.
  • Emergency provisions centralize power during emergencies.
  • Parliament can legislate on subjects within state jurisdiction during emergencies.
• Financial Control and Responsibility:
  • Central government has substantial financial control.
  • Most revenue-generating items under its control.
  • Ability to distribute economic resources at its discretion.
• Governor's Powers:
  • Governor has powers to recommend dismissal of a state government, dissolve the Assembly, and reserve bills for President'sassent.
• Central Government's Direct Influence on States:
  • Central government can give instructions to state governments.
  • Power to ratify central legislation on matters from the State list.
• Protection during Martial Law:
  • Articles 33 and 34 authorize Parliament to protect individuals during martial law.
  • Led to the creation of the Armed Forces Special Powers Act.
  • Tension between armed forces and the public on several occasions.

Conflicts in India's Federal System

Centre State Relations

• Foundation of Federalism (1950s and early 1960s):
  • Jawaharlal Nehru played a key role in laying the foundation of Indian federalism during this period.
  • Congress dominance over both the Center and the States.
• Congress Dominance and Normal Relations (1950s - Early 1960s):
  • Congress was dominant at both the central and state levels.
  • Relations between the Center and the States were generally normal, except on the issue of the formation of new States.
• Shift in Political Landscape (Middle of 1960s):
  • Congress dominance declined in the mid-1960s.
  • Opposition parties came to power in a large number of States.
• Demands for Greater Powers and Autonomy (1960s):
  • Opposition parties in power led to demands for greater powers and autonomy for the States.
  • Resulted from different parties ruling at the Center and in many States.
• Protests Against Central Interference:
  • State governments protested against perceived unnecessary interference by the Congress government at the center.

[Question: 928077]

Demands for Autonomy

• Shift in Division of Powers (Autonomy Demands):
  • Demands for changing the division of powers in favor of the States.
  • Calls for assigning more and important powers to the States.
• Financial Autonomy Demands:
  • States seek independent sources of revenue.
  • Demand for greater control over resources, known as financial autonomy.
• Administrative Autonomy Demands:
  • Resentment against central control over administrative machinery.
  • States seek greater administrative powers.
• Cultural and Linguistic Autonomy Demands:
  • Autonomy demands related to cultural and linguistic issues.
  • Opposition to the dominance of Hindi (e.g., in Tamil Nadu).
  • Demands for promotion of regional languages and cultures (e.g., advancing Punjabi language and culture).
• Protests Against Hindi Imposition (1960s):
  • Agitations in some States during the 1960s against the imposition of the Hindi language.
  • Some States feel there is a domination of Hindi-speaking areas over others.

Role of Governors and President's Rule

• Contentious Issues:
  • Involvement of Governors and imposition of President's rule contentious between States and central government.
  • Governors appointed by the central government, raising concerns about interference.
• Governor's Role and Concerns:
  • Governor, not an elected office-holder, appointed by the central government.
  • Concerns about the Governor's actions being seen as interference, especially with different parties in power at the center and in the State.
• Sarkaria Commission (1983):
  • Appointed to address concerns.
  • Recommended non-partisan appointments of Governors.
  • Despite recommendations, conflicts persist over Governor's powers, including recommending dismissal and assembly dissolution.
• Controversial Article 356:
  
  • Article 356 allows for the imposition of President's rule in any State.
  • Applied when the State government cannot be carried on in accordance with the Constitution.
• Imposition of President's Rule:
  • Results in Union government taking over State government.
  • President's proclamation must be ratified by Parliament.
• Contentious Governor's Role During President's Rule:
  • Governor's powers and role become more contentious during President's rule.
  • Conflicts arise, with instances of dismissing State governments even with a legislative majority.
• Judicial Review:
  • Judiciary can examine the constitutional validity of decisions to impose President's rule.
  • Cases where State governments were dismissed without testing their majority.

[Question: 928075]

Demands for New States

• Tension in Federal System: A significant source of tension in India's federal system has been the demand for the creation of new states.

• Linguistic States: Post-Independence, the States Reorganisation Commission (1953) recommended forming states based on linguistic groups, leading to the creation of linguistic states in 1956.

• State Formation Timeline:

• 1960: Creation of Gujarat and Maharashtra.

• 1966: Separation of Punjab and Haryana.

• Later: Formation of North Eastern states like Manipur, Tripura, Meghalaya, Mizoram, and Arunachal Pradesh.

• 2000: Larger states like Madhya Pradesh, Uttar Pradesh, and Bihar were divided to create Chhattisgarh, Uttarakhand, and Jharkhand.

• Ongoing Demands: Some regions, like Vidarbha in Maharashtra, are still demanding separate statehood.

Interstate Conflicts

• Inter-State Disputes:
  • Instances of disputes between two or more States.
  • Disputes cover various issues, including autonomy and revenue resource sharing.
• Judicial Role in Arbitration:
  • Judiciary acts as an arbitration mechanism for disputes of a legal nature.
  • However, these disputes are not solely legal and often carry political implications.
• Need for Negotiations and Mutual Understanding:
  • Recognizing that disputes have political implications.
  • Suggests that resolutions are best achieved through negotiations and mutual understanding.

Broadly, two types of disputes keep recurring

• First Type: Border Disputes:
  • Often involve claims by one State over territories of a neighboring State.
  • Examples include the long-standing border dispute between Maharashtra and Karnataka over Belgaum.
  • Dispute between Manipur and Nagaland is another instance.
  • Punjab and Haryana dispute, arising from the creation of Haryana, includes border areas and the capital city of Chandigarh.
• Second Type: River Water Sharing Disputes:
  • Involves sharing of river waters, impacting drinking water and agriculture.
  • Example: Cauvery water dispute between Tamil Nadu and Karnataka, ongoing for many years.
  • Despite the existence of a river water tribunal, disputes like Cauvery have reached the Supreme Court.
  • Another example is the dispute between Gujarat, Madhya Pradesh, and Maharashtra over sharing the waters of the Narmada River.
• Challenges and Significance:
  • Disputes over river waters test the patience and cooperative spirit of the States.
  • Rivers are a major resource, and water is crucial for regional development.

Special Provisions

• Special Provisions for Certain States:
  • Granted due to unique social and historical backgrounds.
  • Primarily related to north-eastern States (e.g., Assam, Nagaland, Arunachal Pradesh, Mizoram) with significant indigenous tribal populations.
  • Hilly States (e.g., Himachal Pradesh) and others (e.g., Andhra Pradesh, Goa, Gujarat, Maharashtra, Sikkim, Telangana) also have special provisions.
• Jammu and Kashmir's Special Status under Article 370:
  • J&K has special status under Article 370 of the Constitution.
  • Maharaja of Kashmir acceded to the Indian union after a war between India and Pakistan.
  • Autonomy of J&K is less than suggested by Article 370.
• President's Role in J&K's Special Status:
  • President, with the concurrence of the State government, can specify the application of parts of the Union List to the State.
  • Constitutional orders issued in concurrence with J&K government make large parts of the Constitution applicable.
  • Despite separate constitution and flag, Parliament's power to make laws on Union List subjects is fully accepted in J&K.
• Differences between J&K and Other States:
  • No emergency due to internal disturbances can be declared in J&K without the State's concurrence.
  • Union government cannot impose a financial emergency in the State.
  • Directive Principles do not apply in J&K.
  • Amendments to the Indian Constitution under Article 368 require concurrence with the government of J&K.

[Question: 928076]