Federalism Class 11 Political Science

Table of Contents
1. What is Federalism?
2. Federalism in the Indian Constitution
3. Federalism with a Strong Central Government
4. Conflicts in India's Federal System
5. Inter-state Conflicts
6. Special Provisions
7. Conclusion
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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 is an institutional arrangement in which power is constitutionally divided between two levels of government - a central (national) government and regional (state/provincial) governments - each operating directly on the people through their own set of institutions. In a federation both levels of government are autonomous in their respective spheres and the division of powers is usually entrenched in a written constitution.

• Two sets of polities: Federalism provides a mechanism for governance by two political orders - regional and national - with distinct spheres of authority.
• Autonomy: Each level of government has authority to make laws and administer matters allotted to it by the constitution.
• Citizenship: Some federations (not India) have dual citizenship - citizens belong to both the regional unit and the federation. India, however, has single citizenship for all its citizens.
• Dual identities: People often have dual identities - regional (for example, Gujaratis, Jharkhandis) and national (Indian).
• Division of subjects: Certain subjects (for example, Defence, Currency) are national responsibilities; others are allocated to regional governments.
• Conflict prevention and adjudication: An independent judiciary or constitutional court settles disputes between the centre and the states and interprets the constitution to prevent or resolve conflict.

What factors help in the smooth functioning of Federalism?

• Multiple determinants: The functioning of a federation is shaped by politics, culture, ideology and history.
• Culture of trust and cooperation: Mutual respect, cooperative behaviour and a culture of constitutionalism enhance federal performance.
• Role of political parties: Political parties and their strategies influence how the constitution works in practice; cooperative politics helps federal stability.
• Risk of dominance: If one unit, language group or region dominates others, resentment may develop, possibly leading to demands for greater autonomy or even secession.

West Indies Federation

• Formation (1958): The British created the West Indies Federation to group several Caribbean islands under a federal structure; it had a weak central authority and most islands managed their own economies.
• Dissolution (1962): Political rivalries and the economic independence of islands made the federation unworkable; it dissolved after four years.
• Caribbean Community (CARICOM) (1973): After dissolution, independent islands signed the Treaty of Chaguaramas to form CARICOM, aiming at regional integration and cooperation.
• Structure of CARICOM: CARICOM developed joint authorities such as a common framework for trade and cooperation and organs where heads of member governments participate; it also envisaged judicial cooperation and a common market.
• Ongoing challenge: Balancing regional integration with local autonomy remains difficult; interdependence exists alongside strong local identities.

Federalism in Nigeria

Federal Government of Nigeria

• Colonial legacy: Northern and Southern Nigeria were distinct British possessions until 1914, later unified under colonial rule.
• Federal Constitution (1950): A federal constitution was discussed at the Ibadan Constitutional Conference in 1950.
• Ethnic composition: Three major ethnic groups - Yoruba, Ibo and Hausa-Fulani - largely governed different regions (Yoruba in the West, Ibo in the East, Hausa-Fulani in the North).
• Power struggles: Competition among ethnic groups for power led to political instability, fear and violence, and eventually to military intervention.
• Military rule and constitutional shifts: Military administrations altered federal arrangements; the 1960 and 1979 constitutional formulations changed administration of police and governance structures, and at one point states were not allowed separate civil police forces under military regimes.
• Return to democracy (1999): Nigeria restored democratic rule in 1999.
• Contemporary challenges: Religious divisions, disputes over oil revenue control, and ethnic tensions continue to make the Nigerian federation contentious and difficult to stabilise.

Federalism in the Indian Constitution

From the time of the national movement, Indian leaders recognised that governing a large, diverse country required sharing power between the central authority and regional units. The Constitution of India sought to combine unity and diversity by providing for a federal structure in which states have their own powers but cooperate with the Union.

• Need for division of powers: The framers accepted that provinces (and later states) should have meaningful authority to govern local matters while a strong centre would secure national unity and enable nation-wide reforms.
• Recognition of diversity: Linguistic and regional plurality required that people from different regions and languages be able to share power and govern their affairs.
• Cooperative federalism: The Indian Constitution envisages a relationship based on cooperation between the centre and the states rather than absolute separation.
• Debates on power: Constituent Assembly debates showed concern for the range of powers to be given to regional governments and the need for a strong centre to maintain integrity.

Division of Powers

• Constitutional distribution: The Constitution of India divides legislative and administrative powers between the Union and the States.
• Three lists of subjects:The Constitution provides three separate lists in the Seventh Schedule:
  1. Union List: 100 subjects (originally 97) on which only the Union Parliament can legislate.
  2. State List: 61 subjects (originally 66) on which state legislatures have primary responsibility.
  3. Concurrent List: 52 subjects (originally 47) on which both Parliament and state legislatures can make laws.
• Conflict rule: If Union and State laws conflict on a Concurrent List subject, the Union law prevails.
• Residual subjects: Matters not specified in any list (residuary subjects) are assigned to the Union government.

Federalism with a Strong Central Government

The Indian Constitution establishes a federal polity with a relatively strong centre. This design reflected the need to preserve national unity, integrate hundreds of princely states and provinces, and implement nation-wide social and economic reforms (for example, to tackle poverty, illiteracy and economic inequality).

Key Provisions Strengthening the Centre

• State reorganisation: Parliament has the power to create new states, alter state boundaries and change state names; state legislatures are consulted but the power rests with Parliament.
• Emergency provisions: During national emergency situations the Union acquires power to legislate on state subjects and to centralise authority.
• Financial control: The Union controls major revenue sources; states depend on grants and financial transfers. Centralised planning institutions (for example, the Planning Commission) coordinate resource allocation.
• Governor's powers: The Governor (appointed by the Union) can recommend dismissal of a state government, dissolve the state assembly and reserve state bills for the President's assent.
• Legislation on state matters: Parliament can legislate on State List subjects under special circumstances, especially with the approval of the Rajya Sabha. The Union executive can issue directions to states. Article 257(1) requires states to exercise their functions in a manner that does not impede Union functions and allows the Union to give directions.
• All-India Services: Officers of the All-India Services (for example, IAS, IPS) are recruited under Union authority and serve both Union and state governments; states cannot discipline or remove them independently.
• Special powers under martial law:Articles 33 and 34 enable Parliament to protect actions taken during martial law; the Armed Forces (Special Powers) Act (AFSPA) has been related to these provisions, sometimes creating tensions between military and civilian authorities.

Conflicts in India's Federal System

• Centre-state tension: The Constitution allocates significant powers to the Union while also recognising state identities; this often leads to demands for greater state autonomy.
• Legal and political resolution: Legal disputes about the division of powers are settled by the judiciary; political demands for autonomy require negotiation and political accommodation.
• Balancing identities: Balancing regional identity and the need for a strong national government remains an ongoing challenge.
• States' demands: States frequently seek a larger role in governance and decision-making, reflecting the dynamic nature of Indian federalism.

Centre-State Relations

• Foundation (1950s-early 1960s):Jawaharlal Nehru and the Congress party played a central role in shaping Indian federalism; Congress was dominant at the Union and in many states.
• Relations during dominance: Relations between the centre and states were generally cooperative while Congress controlled both levels, apart from disputes such as the formation of new states.
• Political change (mid-1960s): Congress dominance declined in the mid-1960s; opposition parties formed governments in many states.
• Demand for autonomy: Opposition-ruled states pressed for more powers and less central interference, creating strains in centre-state relations.
• Protests: State governments objected to what they perceived as unnecessary central interference, especially when different parties ruled the centre and the state.

Demands for Autonomy

• Changes in division of powers: States demanded a reallocation of important powers in their favour.
• Financial autonomy: States sought independent sources of revenue and greater control over resources.
• Administrative autonomy: Resentment developed over central control of administrative machinery; states sought greater control over administration.
• Cultural and linguistic autonomy: Several demands related to protecting regional languages and cultures and resisting perceived dominance by other linguistic regions (for example, opposition to the imposition of Hindi in states like Tamil Nadu; demands for promotion of Punjabi language and culture in Punjab).
• Language protests (1960s): Agitations occurred in some states during the 1960s against Hindi imposition; many states complained of domination by Hindi-speaking areas.

Role of Governors and President's Rule

• Appointment and neutrality: The Governor of a state is appointed by the Central government and is not an elected official; many governors have been retired military officers, civil servants or politicians, raising questions about impartiality.
• Perceived interference: Governors' actions are sometimes seen as instruments of central interference in state politics, especially when different parties control the centre and the state.
• Sarkaria Commission (1983-1988): The Commission recommended that Governors' appointments should be strictly non-partisan to reduce bias and political misuse.

Article 356 and President's Rule

• Power under Article 356:Article 356 allows the President of India to impose President's Rule in a state if the state government cannot function according to constitutional provisions.
• Consequences: Under President's Rule, the Union government assumes direct control of the state's administration.
• Governor's role: The Governor may recommend dismissal of the state government and the suspension or dissolution of the state assembly.
• Parliamentary approval and duration: A proclamation of President's Rule must be approved by Parliament and can be extended in specified stages, the framework allowing an extension up to three years under certain conditions.

Misuse of Article 356

• Frequency of use: Article 356 was used sparingly until 1967 but became more common after the rise of non-Congress governments in several states.
• Political misuse: The Congress-led central government at times used Article 356 to dismiss state governments or to prevent opposition parties from forming governments.
• Examples: In 1959 the elected government of Kerala was dismissed despite having a legislative majority; in the 1980s the elected governments of Andhra Pradesh and Jammu and Kashmir were removed by the Centre.
• Judicial review: The Supreme Court has held that the exercise of Article 356 is subject to judicial review, enabling courts to examine whether its use was constitutionally valid.

Demands for New States

• Source of tension: Frequent demands for creation of new states have been a major source of tension in Indian federalism.
• Linguistic reorganisation: The States Reorganisation Commission (1953) recommended forming states on linguistic lines; this led to the reorganisation of states in 1956.
• Key dates in state formation:1960 - Gujarat and Maharashtra were created; 1966 - Punjab and Haryana separated; 1970s-1980s - several North-Eastern states such as Manipur, Tripura, Meghalaya, Mizoram and Arunachal Pradesh were formed; 2000 - Chhattisgarh, Uttarakhand and Jharkhand were carved out of larger states (Madhya Pradesh, Uttar Pradesh, Bihar respectively).
• Ongoing demands: Regions such as Vidarbha in Maharashtra continue to press for separate statehood.

Inter-state Conflicts

Conflict is a natural feature of federal systems where multiple governments share powers and resources. While the judiciary is authorised to settle legal disputes between states, many conflicts are political and require negotiation, mediation and mutual accommodation to arrive at lasting solutions.

Types of Inter-State Disputes

Border disputes

• Maharashtra vs. Karnataka: Dispute over Belgaum (Belagavi) and boundary settlements.
• Manipur vs. Nagaland: Ongoing conflicts over shared border areas and claims.
• Punjab vs. Haryana: Dispute over Chandigarh, which functions as the capital of both states; in 1985 an agreement under Prime Minister Rajiv Gandhi promised Chandigarh to Punjab but it has not been fully implemented.
• Role of language: Linguistically mixed border regions complicate resolution of territorial disputes.

River water disputes

• Cauvery dispute (Tamil Nadu vs. Karnataka): Competition for Cauvery waters affects agriculture and drinking water; despite tribunals the matter has reached the Supreme Court and requires periodic intervention.
• Narmada dispute (Gujarat, Madhya Pradesh, Maharashtra): Sharing of Narmada river waters has led to prolonged disagreement about allocations and projects affecting irrigation and livelihoods.
• Importance: River water disputes often generate greater public anger because they directly affect livelihoods, agriculture and daily life.

Federalism and Conflict

Disputes between governments are inherent to federal arrangements. Peaceful mechanisms - legal adjudication, tribunals, inter-governmental negotiation, and cooperative institutions - are essential to manage conflict and enable states to coexist and collaborate for national development.

Special Provisions

• Reason for special provisions: Certain states receive special constitutional provisions because of their unique social, historical or geographical situation.
• North-eastern and tribal areas: States such as Assam, Nagaland, Arunachal Pradesh and Mizoram have special safeguards to protect indigenous tribal populations and customary laws.
• Hilly and special category states: Hilly regions (for example Himachal Pradesh) and other states (for historical or transitional reasons such as Andhra Pradesh, Goa, Gujarat, Maharashtra, Sikkim, Telangana) have various special provisions in law or practice.
• Jammu and Kashmir - Article 370: The State of Jammu & Kashmir had special status under Article 370 of the Constitution. Historically, the Maharaja of Kashmir acceded to India after hostilities with Pakistan; special arrangements allowed certain parts of the Indian Constitution to apply to the State only with its concurrence.
• Application and limits: The President, with concurrence of the State government, could specify which provisions of the Constitution applied to J&K; constitutional orders issued in concurrence with the State government made many provisions applicable. Despite its separate constitution and flag, Parliament's power to legislate on Union List subjects was accepted.
• Distinct differences: In relation to J&K (as traditionally described under Article 370): no proclamation of internal emergency could be imposed without the State's concurrence; a financial emergency could not be imposed; Directive Principles were not applicable; and amendments under Article 368 required concurrence with the State government.

Conclusion

Federalism is a constitutional arrangement to govern a diverse polity through shared rule and regional self-government. Different countries illustrate variations in federal design - from weak central structures to strong centralised federations. India's federalism combines significant Union powers with state autonomy, supported by constitutional mechanisms (division of powers, judiciary, special provisions) and political practices (cooperation, negotiation). Tensions - over finances, administration, language, resources and territory - are managed through legal institutions, political bargaining and state reorganisation. Understanding these features helps explain how Indian federalism functions and why continual negotiation between the centre and the states remains central to India's democratic practice.