Federalism | PSIR Optional for UPSC (Notes) PDF Download

Introduction to Federalism

Federalism is a system of government in which political power is divided among various units, including a central authority and smaller entities such as states, cantons, provinces, or republics. This type of government is commonly known as a "federation" or "federal state." In this system, the central government, also referred to as the union, shares power with the smaller units, while each maintains a level of autonomy.

The term "federal" is derived from the concept of a contract, and a federal union is essentially a contractual agreement between sovereign states to form a united government. This is distinct from a union formed through conquest, which would not be considered a federal union.

In summary, federalism is a form of government that divides and shares power between a central authority and smaller, constituent units. This system allows for a balance of power and autonomy among the various levels of government, ensuring that each has its own jurisdiction and responsibilities.

Nature of a Federation

A federation is essentially established based on the principles of a contractual agreement. This means that sovereign entities - such as unions, states, or local units - voluntarily form a federation through mutual consent. Such a voluntary association is only possible within a democratic context, and the scope of the union is limited.

• The parties involved in forming a federation never fully relinquish their authority or power. Therefore, when two or more sovereign states voluntarily unite, they maintain their internal or local autonomy and only collaborate on matters of shared interest. Over a century ago, James Bryce stated that a federal state is a political device designed to balance national unity and power while preserving the rights of individual states.
• However, in reality, not all federal states have been created through the merging of sovereign states. Many have resulted from the devolution of power from a centralized authority within a union government to subordinate units. The Indian federation is an example of this type of formation.

Federalism in India: An Overview

1. Introduction: Federalism in India shares some similarities with that of the United States, including dual polity and the absence of the term "federation" in their respective constitutions. However, there are significant differences, such as the absence of dual citizenship and state constitutions in India. India is referred to as a "Union of states," and the structure of its federation is designed to accommodate its large territory and diverse population.
2. Structure of the Indian Federation: The Constitution of India is written and relatively rigid, with several provisions requiring the consent of a majority of state legislatures for amendment. It divides power between the Union and the states and establishes the Supreme Court of India as the arbiter of disputes between these entities. The territorial boundaries of Indian states can be altered by parliamentary law, unlike in the United States.
3. Territories of the States: India has 28 states and seven Union territories, which can be reorganized by Parliament according to Article 3 of the Constitution. This process has been ongoing and may continue in the future.
4. Structure of Government: Both the Union and state governments in India are based on parliamentary systems, with a President at the Union level and a Governor at the state level. The President is indirectly elected by the people, while Governors are appointed by the President. Both are advised by their respective Councils of Ministers.
5. Public Services: There is no strict division of public services in India, with both Union and state officials administering both Union and state laws simultaneously. There are state civil services and All-India Services, which serve both the Union and state governments.
6. Integrated Judiciary: The Indian judiciary is integrated and headed by the Supreme Court of India, which also serves as the federal court.
7. Division of Powers: The Indian Constitution outlines an elaborate division of legislative powers between the Union and state governments in the Seventh Schedule, with executive powers co-existing with legislative powers. The allocation of powers is organized into three lists: Union list, State list, and Concurrent list. The Union list includes 97 subjects, the State list includes 61 subjects, and the Concurrent list includes 47 subjects. Residual powers are held by the Union. Certain conditions apply to this division, such as Union law prevailing in cases of conflict and the power of the Parliament to legislate on state subjects during emergencies.
8. Allocation of Subjects: The Union controls subjects related to defense, security, external affairs, communication, currency, banking, and insurance, among others. States control subjects related to public order, police, prisons, local communication, land, agriculture, and public health, among others. Concurrent jurisdiction extends to criminal law, preventive detention, education, forests, electricity, and price control, among others.

Conclusion

Frequently Asked Questions (FAQs) of Federalism

What is federalism, and how does it relate to a federation?

Federalism is a system of government in which political power is divided between a central authority and smaller entities such as states, provinces, or republics. A federation, or federal state, is a union formed by sovereign states through a contractual agreement, where the central government shares power with the smaller units while each maintains a level of autonomy.

How is a federation formed, and what is its main purpose?

A federation is formed through a contractual agreement between sovereign states that voluntarily unite, sharing power and responsibilities while maintaining internal autonomy. The main purpose of a federation is to balance national unity and power while preserving the rights and autonomy of individual states.

How does federalism in India differ from federalism in the United States?

Federalism in India shares some similarities with the United States, such as dual polity and the absence of the term "federation" in their constitutions. However, there are significant differences, including the absence of dual citizenship and state constitutions in India. India's federation is referred to as a "Union of states" and is designed to accommodate its large territory and diverse population.

 How is the Indian judiciary structured, and what role does it play in federalism?

The Indian judiciary is integrated and headed by the Supreme Court of India, which also serves as the federal court. The judiciary plays a crucial role in federalism by interpreting the constitution, resolving disputes between the Union and state governments, and ensuring that both entities function within their constitutional limits.

How are legislative powers divided between the Union and state governments in India?

The Indian Constitution outlines an elaborate division of legislative powers between the Union and state governments in the Seventh Schedule. The allocation of powers is organized into three lists: Union list, State list, and Concurrent list. The Union list includes 97 subjects, the State list includes 61 subjects, and the Concurrent list includes 47 subjects. Residual powers are held by the Union.