Federalism

 

Federalism   

Today, India is an amalgamation of various small states and union territories. This is not what ‘British India’ was. In the colonial period, India was divided into princely states (controlled by prices/kings who had autonomy over their territory) such as Hyderabad, Manipur etc and British provinces (under British administration) such as Bombay, Madras etc. After independence, it was left up to leaders of princely states whether they want to merge with India, Pakistan or remain Independent. But most of the states could be merged through negotiations and dialogue and India, as we know it today was formed. Federal structure of Indian state must be appreciated for this unity along with efforts of leaders such as Sardar Patel.      

 

What is federalism?

Federalism in its simplest form is described as a system where a territory is governed by two levels of government. Although different civilizations use different notion of federalism as real politics, culture, ideology and history determine the actual working of a federation however there are few features that lay the basis of a federal state.

§  Two set of polities: - Essentially, in a federal state there are two levels of government- one at regional level and other at national level. Both governments are autonomous in their own spheres.

§  Two set of identities: - As a citizen of federal state, one has two identities i.e. they belong to a nation as well as a region. For example- We are Punjabis, Haryanvis, Madrasis, Marathis (according to the states we live in) etc as well as Indians.

§  Written constitution: - A federal state generally has a written constitution that is considered to be supreme and it is the source of power to both the levels of government. It defines the extent of responsibility and authority of the levels of the government.

§  Independent judiciary: - To prevent conflicts and disputes between the two levels of government on the matter of power sharing, there is an independent judiciary.   

Federalism in the Indian Constitution:-

Even before partition, it was decided that India, once independent was going to adopt federal system. This decision came from realization that India was a huge country with small regions of different religious, cultural and linguistic composition. This diversity should be recognized and accommodated. So it was decided to frame a government that would be based on the principles of unity and cooperation between the centre and the states and separate powers to the states. The most important feature of federal system adopted by the Indian constitution is the principle that relations between the states and the centre would be based on cooperation.

This is how the Indian constitution describes India-

Article 1: (1) India, that is Bharat shall be a Union of States.

(2) The States and the territories therefore shall be as specified in the First Schedule.

Division of power:-

The constitution clearly demarcates the identity and area of activity for both the levels of government. One of the important aspects of the division of powers is that economic and financial powers are centralized in the hands of the central government by the Constitution. The states have immense responsibilities but very meager revenue sources.

For a lucid demarcation, the constitution has three lists defining the division of power. These are:-

1)   Union list: - It defines the powers and responsibilities of the central government. Union government alone can make laws on these matters.

2)   State list: - It defines the powers and responsibilities of the regional government. Normally only the state legislature can make laws on these matters.

3)   Concurrent list: - The shared matters fall in this list. Both union and state legislature alone can make laws on these matters.

Residuary powers: - it includes all the matters not mentioned in any of the two lists. Union legislature alone has the power to legislate on such matters. E.g. - Cyber laws.      

  

Stronger central government:-

At the time, the constitution was being written, leaders decided to give higher autonomy to the centre over the states. This was so because the political conditions of the country were delicate at that time. There were about 565 princely states along with British principalities which were to be integrated with Indian Territory. This task was left to the central government. Only the centre could look into socio-economic problems facing the country and matters pertaining to welfare of all.

The constitution provides some provisions to the centre which make it stronger. These are:-

§  Parliament: - The existence of a state including its territory is in the hands of the parliament. Parliament can form a new state by merging to states or separating two states. It can also change the boundary or name of a state. The constitution provides for some safeguards by way of securing the view of the concerned state legislature. The parliament also assumes power to make laws on subjects within the jurisdiction of the states.

§  Emergency provision: - The constitution provides the states with very powerful emergency provision. Once emergency is declared, the centre becomes massively influential. The provisions of states move to the hands of centre. It is said that federal polity turns highly central once emergency is declared.

§  Financial powers: - The central government in first place has effective financial powers and responsibilities. Most of the sources generating revenue are owned by the centre and states are mostly dependent on the centre for grants and financial assistance. The union government uses its discretion to give grants and loans to states. This also leads to discriminatory behaviour against states ruled by opposition while making grants.

§  Powers of governor: - The governor has certain powers such as dissolution of the assembly and dismissal of state government in certain situations. The governor can take a bill of state legislative assembly to the President for assent. This gives central government an opportunity to delay, examine and even veto the bill completely.

§  Legislation: - There may be situations when the central government can legislate on matters of state list if the move is ratified by Rajya Sabha. The constitution clearly states that the executive powers of centre are superior to that of states. The following article states this

Article 257 (1): The executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union, and the executive power of Union shall extend to the giving of such directions to a State as may appear to the government of India to be necessary for that purpose.

 

§  Civil servants: - India has an integrated administrative system that an IPS or IAS of a state are under the control of state. They can’t take disciplinary action.

§  Articles 33 and 34:- These articles authorize the Parliament to protect persons in the service of the union or a state in respect of any action taken by them during martial law to maintain or restore order. This provision further strengthens the powers of the union government. The Armed Forces Special Powers Act has been made on the basis these provisions. This act has created tensions between the people and the armed forces on some occasions

Conflicts in India’s federalism:-

With Constitution providing greater autonomy to the centre, states have been into quarrels with the centre and have demanded greater autonomy for they have an independent status. Thus Indian federalism has seen dark days too. There have conflicts on the centre encroaching the state matters. States have accused the union of misusing their power and sometimes going against the constitution for political gains. Federalism thus becomes instrument of political instability sometimes.

Proposed reforms:-

In order to make federalism more sable and eliminate centre-state conflicts, some reforms have been proposed to federalism.

§  With the rise of multi party system, the political parties have started demanding greater autonomy for their states and have started to intervene with the national politics. It is suggested for regional parties to focus more on regional interests than national interests.

§  There is a need to reconstruct the planning commission because it has become a centre oriented body through years. Experts should be appointed and plans should be made to improve autonomy of states and focus on state issues.

§  The government should work for equitable distribution of resources among the states since the conflicts are not only limited to centre-state but state-state fights are common too.

§  The bureaucracy should have more powers to check on the political leaders. The bureaucrats experience several transfers when the government senses them exposing the leaders.