Chapter 2: Federalism – CBSE Class 10 Civics

Introduction

Federalism is a system of government where power is divided between a central authority and various constituent units, typically states or provinces. This division of power allows both the central and state governments to function autonomously within their designated jurisdictions. Federalism fosters unity while maintaining diversity, ensuring that national interests are protected while respecting local differences. It reflects the spirit of democracy by distributing power among various levels of governance, preventing the concentration of power in a single authority. In India, federalism was adopted to accommodate the vast geographical and cultural diversity, ensuring a balance between the central government’s authority and the autonomy of the states.

Key Terms

• Federalism: A system of governance in which power is divided between a central authority and various constituent units of the country.
• Unitary System: A system of governance where power is centralized, and the local governments operate under the central government.
• Constitutional Provisions: Rules enshrined in the Constitution that outline the division of powers between central and state governments.
• Bicameral Legislature: A legislature with two houses, common in federal systems (e.g., Lok Sabha and Rajya Sabha in India).
• Residual Powers: Powers not mentioned in the Union or State lists, which are vested in the central government.
• Union List: Subjects under the sole authority of the central government.
• State List: Subjects under the authority of state governments.
• Concurrent List: Subjects shared by both the central and state governments.
• Decentralization: The process of distributing power from the central government to lower levels, such as local governments.
• Coalition Government: A government formed by multiple political parties when no single party has a majority.

Features of Federalism

Federalism is a system of government in which power is divided between a central authority and various constituent units, typically states or provinces. Here are the key features of federalism:

1. Two Levels of Government:

• Federalism operates on two distinct levels of government—one at the national level and another at the regional level. Each level has its jurisdiction defined by the constitution.

2. Division of Powers:

• The powers and responsibilities are clearly divided between the central and regional governments. For instance, in India, the Constitution divides powers into three lists: Union List, State List, and Concurrent List.

3. Written Constitution:

• A written constitution is essential in a federal system. It clearly outlines the division of powers and the framework of governance to avoid conflicts between the different levels of government.

4. Supremacy of the Constitution:

• Both the central and regional governments derive their powers from the Constitution, and no authority can act beyond its powers. The Constitution is the supreme law of the land.

5. Rigid Constitution:

• Federal systems typically have a rigid constitution, meaning that amendments often require the consent of both levels of government. This ensures that one level cannot unilaterally change the constitutional structure.

6. Independent Judiciary:

• An independent judiciary is vital to resolve disputes between different levels of government. In most federal systems, a constitutional court or the supreme court holds the power of judicial review.

7. Dual System of Courts:

• Federal systems may have separate courts for federal and state laws. However, many federations, like India, maintain a unified judiciary for both levels of government.

8. Financial Autonomy:

• In a federal system, both levels of government have financial powers. They are independent in their sources of revenue, although the central government may also transfer funds to the states through grants.

9. Bicameral Legislature:

• Most federal systems have a bicameral legislature at the national level, where one house represents the entire country, and the other represents the constituent units (like the Rajya Sabha in India).

10. Intergovernmental Relations:

• Federalism requires cooperation and coordination between different levels of government to ensure smooth governance. Mechanisms like intergovernmental councils or conferences are common.

11. Balance of Power:

• Federalism balances power between the central and regional governments. The central government usually handles matters of national interest, while the regional governments focus on local governance.

These features ensure that both levels of government can function independently in their spheres while maintaining harmony and coordination across the federation.

Table: Division of Powers

Types of Federalism

1. Coming Together Federalism
   In this model, independent states come together to form a bigger unit, where they retain some of their powers. The United States, Switzerland, and Australia are examples of coming-together federalism.
2. Holding Together Federalism
   In this type, a large country decides to divide its power between the central and regional governments. India, Spain, and Belgium are examples of holding-together federalism.

Federalism in India

What Makes India a Federal Country?

India is a federal country because it embodies the key features of federalism, where power is constitutionally divided between the central government and various state governments. Here are the main reasons:

1. Two Levels of Government:
   • India has a dual system of government, with a Union government (central) and individual State governments. Both levels of government operate within their respective jurisdictions and derive authority from the Constitution.
2. Division of Powers:
   • The Indian Constitution divides subjects into three lists:
     • Union List: Central government has exclusive powers (e.g., defense, foreign affairs).
     • State List: State governments have exclusive powers (e.g., police, public health).
     • Concurrent List: Both levels share power (e.g., education, marriage), but in case of a conflict, central law prevails.

3. Written and Rigid Constitution:
   • India’s Constitution is written and outlines the exact powers and functions of the Union and state governments. It is rigid because amending the Constitution, especially in matters related to federalism, requires the approval of both the Parliament and a majority of the state legislatures.
4. Independent Judiciary:
   • The judiciary in India, especially the Supreme Court, acts as the protector of the Constitution and settles disputes between the Union and the states, ensuring a balanced federal system.
5. Bicameral Legislature:
   • The Parliament consists of two houses: Lok Sabha (representing the people) and Rajya Sabha (representing the states). Rajya Sabha ensures that states have a voice in national legislation, reinforcing the federal structure.
6. Financial Autonomy and Revenue Sharing:
   • Both the central and state governments have their own sources of revenue. The Constitution outlines the financial relations between the two through mechanisms like the Finance Commission, ensuring a fair distribution of resources.
7. Supremacy of the Constitution:
   • The Indian Constitution is the supreme law of the land. Both the Union and state governments must operate within its provisions, and no authority can exercise power beyond what is prescribed by the Constitution.

Decentralization and Panchayati Raj:

• India has a third tier of government through local governments (Panchayats in rural areas and Municipalities in urban areas). This was added by the 73rd and 74th Constitutional Amendments in 1992, bringing decentralization into practice.
• Local governments have been empowered to make decisions on local matters such as road building, water supply, and education, making governance more efficient and participatory.

Table: Structure of Local Government in India

How federalism is practise?

Constitutional provisions are necessary for the success of federalism but these are not sufficient. If the federal experiment has succeeded in India, it is not merely  because of the clearly laid out constitutional provisions.The real success of the federalism in india can be attributed to the nature of the democaratic politics, timely intervention in the crucial issues , accomodative steps for integration etc. in our country. Following are few examples which india has taken :

Special Provisions for Certain States:

• Some states in India have special provisions, recognizing their unique needs and circumstances. For example, Jammu and Kashmir (prior to the abrogation of Article 370 in 2019) had significant autonomy, and states in the North-East, like Nagaland and Mizoram, have unique cultural protections.

1. Decentralization and Panchayati Raj:

• India has a third tier of government through local governments (Panchayats in rural areas and Municipalities in urban areas). This was added by the 73rd and 74th Constitutional Amendments in 1992, bringing decentralization into practice.
• Local governments have been empowered to make decisions on local matters such as road building, water supply, and education, making governance more efficient and participatory.

2. Linguistic States:

• Federalism in India is further reflected in the creation of linguistic states. In 1956, states were reorganized based on linguistic and cultural identities to accommodate India’s diversity. This helped in promoting regional representation and reducing conflicts based on language or culture.

3. Financial Sharing:

• In India’s federal structure, financial powers are divided between the Union and the states. The Finance Commission ensures a fair distribution of revenue, allowing states to receive a share of the central taxes, grants, and aid based on their needs and development requirements.

4. Cooperative Federalism:

• India practices cooperative federalism, where the Union and state governments cooperate in various fields like education, infrastructure development, and social welfare. For instance, central schemes like Sarva Shiksha Abhiyan (universal education) and Mid-Day Meal Scheme are jointly implemented by both levels of government.

5. Flexibility in Federalism:

• India’s federalism allows flexibility in special situations:
  • Emergency Provisions: During a national emergency, central authority expands temporarily, and states may come under the control of the central government.
  • President’s Rule: In case of breakdown of constitutional machinery in a state, the central government can take over state administration temporarily

6. Coalition government

A coalition government is formed when multiple political parties join together to govern, typically because no single party has a majority in the legislature, leading to shared decision-making and power.

Challenges to Indian Federalism

1. Linguistic and Cultural Diversity
   India’s cultural diversity has been a challenge for federalism, particularly in the context of language. For instance, the reorganization of states in 1956 was based on linguistic lines.
2. Inter-State Disputes
   Federalism sometimes leads to conflicts between states, such as disputes over water sharing (e.g., the Cauvery River dispute between Karnataka and Tamil Nadu).
3. Unequal Resources
   Some states are more prosperous than others, leading to unequal resources and development, which poses challenges to the federal structure.

Merits of Federalism

1. Decentralization of Power:
   • Federalism distributes power across different levels of government, ensuring that no single authority holds too much power. This helps in preventing the abuse of power.
2. Promotes Regional Autonomy:
   • Regional governments have the freedom to make decisions on local issues. This allows policies to be tailored to the specific needs, culture, and preferences of different regions.
3. Better Representation:
   • Citizens in federal systems tend to feel better represented, as the local governments are closer to the people and more responsive to their needs and concerns.
4. Encourages Innovation and Experimentation:
   • Different regions can experiment with policies and programs without affecting the entire country. Successful programs can then be adopted by other regions or the national government.
5. Improved Efficiency:
   • Since local governments are closer to the people, they are often more efficient in handling regional issues, leading to better service delivery and governance.
6. Checks and Balances:
   • Federalism provides a system of checks and balances where central and regional governments can keep each other in check, promoting accountability and limiting the concentration of power.
7. Diversity Accommodation:
   • In countries with diverse cultural, linguistic, or ethnic groups, federalism allows for a more harmonious coexistence by granting autonomy to different regions, respecting their unique identities.
8. Conflict Reduction:
   • By providing regional autonomy, federalism can reduce tensions and conflicts between different groups or regions, as local issues can be addressed at the local level.

Demerits of Federalism

1. Coordination Issues:
   • Managing relations between different levels of government can be complex, often leading to inefficiencies, duplication of work, or delays in decision-making due to lack of coordination.
2. Resource Imbalances:
   • Some regions may have more resources or better governance than others, leading to unequal development. Wealthier regions might prosper while poorer regions struggle to catch up.
3. Potential for Conflicts:
   • Disputes can arise between central and regional governments, especially regarding the division of powers or financial allocations. This can create tension and instability.
4. Risk of Regionalism:
   • Federalism might encourage regional loyalties at the expense of national unity. Regional leaders may prioritize local interests, leading to secessionist movements or fragmentation.
5. Duplication of Laws:
   • Different levels of government may create overlapping or conflicting laws and regulations, leading to confusion among citizens and businesses.
6. Slower Decision-Making:
   • Federalism can result in slower decision-making, as approval might be required from multiple levels of government. This can delay policy implementation, especially in times of crisis.
7. Complex Legal System:
   • The existence of both central and regional laws can complicate the legal system, making it difficult for citizens to understand and navigate the laws that apply to them.
8. Uneven Quality of Governance:
   • The quality of governance may vary across regions, with some local governments being more effective or efficient than others. This can result in unequal service delivery across the country.
9. Financial Dependence:
   • In many federal systems, regional governments may become financially dependent on the central government for grants or funds, reducing their autonomy.

Federalism offers both opportunities and challenges. While it fosters regional autonomy and better representation, it can also create issues of coordination, resource inequality, and governance inefficiencies.

Conclusion

Federalism plays a critical role in managing a diverse country like India. By distributing power among different levels of government, it ensures that both national and local interests are represented. However, federalism also poses challenges, such as managing inter-state disputes and accommodating regional diversity. The success of Indian federalism lies in its ability to adapt to changing needs while maintaining a balance between unity and diversity.