X Civics Chapter – 2 Federalism

 

X  Civics Chapter – 2

Federalism

 

Meaning and its Key Features

 

Federalism: Meaning

 

v Federalism is a system of government in which the power is divided between a central authority and various constituent units of the country.

v Usually, a federation has two levels of government.

v One is the government for the entire country that is usually responsible for a few subjects of common national interest.

v The others are governments at the level of provinces or states that look after much of the day to-day administering of their state.

v Both these levels of governments enjoy their power independently.

 

Main Features of Federalism

 

1.There are two or more levels (or tiers) of government. India has three levels.

 

2. Different tiers of government govern the same citizens, but each tier has its own  jurisdiction  in specific matters of legislation, taxation and administration.

(Jurisdiction. It is the area over which someone has legal authority.)

3.The jurisdictions of the respective levels of government are specified in the constitution.

So the existence and authority of each tier of government is constitutionally guaranteed.

Power and functions of each tier of government is specified and guaranteed by Constitution.

4 The fundamental provisions of the constitution cannot be unilaterally changed by one level of government.

Such changes require the consent of both the levels of government. It applies to India also.

5 Courts have the power to interpret the constitution and the powers of different levels of government.

*The highest court acts as an umpire if disputes arise between different levels of government in the exercise of their respective powers.

6 Sources of revenue for each level of government are clearly specified to ensure its financial autonomy.

7. There is mutual trust and agreement between the government at different levels.

8.For example USA , Canada , Russia ,Australia and  India  are the examples of federal political systems.

 

Comparison between the Unitary and Federal Government systems

 

(i)  Unitary government has only one level of government whereas a federal government has two or more levels of government.

(ii)  In unitary government, the sub-units are subordinate to the centre, whereas in a federation, central government cannot encroach on the rights of state governments.

State government is not subordinate to the central government in federal system of government. They are not answerable to the central government state government are answerable to its citizens.

 

(iii)  In unitary system, centre can order the sub-units means The central government can pass on orders to the provincial or

the local government which cannot happen in federation in a federal system, the central government cannot order the state government to do something.

 

Formation of Federal Government

        

 *The balance of power between the central and state government depends upon the historical contexts in which federation was formed.

*There are two routes through which federation have been formed -

1. Coming Together Federations

2. Holding together Federations

 

Coming Together Federation

 

This is the first route of Federation formation. Smaller units come together to form bigger federation

Its important features are -

 

(i)  Independent states coming together on their own to form a bigger unit.

(ii)  All the states have equal power and are equally strong.

(iii)  In coming together formation by pooling the sovereignty states can increase their security and resources.

Here power of the states are pooled together. Central and state government are equally powerful in this system.

 (iv)  U.S.A, Switzerland, Australia are the examples of Coming together federation.

 

Holding Together Federation

 

*This is the second route where a large country decides to divide its power

between the constituent States and the national government.

*Its important features are -

(i)  Large country decides to divide its power between states and the centre.

(ii)  Central government tends to be more powerful.

(iii)  Federating units have unequal power. Some units  are granted special powers.

(iv)  India, Spain, Belgium.

 

India is holding together federation

 

i.  Very often different constituent units of the federation have unequal powers. Some units are granted special powers.

ii.  All States in the Indian Union do not have identical powers. Some States enjoy a special status. 

iii.  Indians  who  are  not  permanent  residents  of   State  cannot  buy  land  or  house  here. Similar special provisions exist in some other States of India as well.

iv. Many provisions of the Indian Constitution are not applicable to this State without the approval of the State Assembly.

v. There are some units of the Indian Union which enjoy very little power.

These are areas which are too small to become an independent State but which could not be merged with any of the existing States.

These areas, like Chandigarh, or Lakshadweep or the capital city of Delhi, are called Union Territories.

These territories do not have the powers of a State. The Central Government has special powers in running these areas.

This sharing of power between the Union Government and the State governments is basic to the structure of the Constitution. It is not easy to make changes to this power sharing arrangement.

The Parliament cannot on its own change this arrangement.

Any change to it has to be first passed by both the Houses of Parliament with at least two-thirds majority. Then it has to be ratified by the legislatures of at least half of the total States.

 

*The judiciary plays an important role in overseeing the implementation of constitutional provisions and procedures. In case of any dispute about

the division of powers, the High Courtsand the Supreme Court make a decision.

*The Union and State governments have the power to raise resources by levying taxes in order to carry on the government and the responsibilities assigned to each of them.

 

The three-fold distribution of legislative powers :

(The power sharing arrangement in India)

 

* The  Constitution  originally  provided  for  a  two-tier system  of  government,  the  Union Government (or what we call the Central Government)and the State governments.

* Later, a third tier of federalism was added in theform of Panchayats and Municipalities.

*As in any federation, these different tiers enjoy  separate jurisdiction. The Constitution  clearly  provided  a  threefold  distribution  of  legislative  powers  between  the  Union

 

*Government and the State  Governments. Thus, it contains three lists.

 

(i)  Union list

(ii)  State list

(iii)  Concurrent list

 

(i)  Union list :

*Union lists consist of 97 subjects. It includes subjects of national importance such as  defense of the country, foreign affairs, banking, communication and currency.

*They  are  included  in  this  list because we need a uniform policy on these matters throughout the country.

*The Union  Government alone can make laws relating to the subjects mentioned in the Union List.

 

(ii)  State list :

*State list consists of 66 subjects. It contains subjects of state and local importance such as police, trade, commerce, agriculture and irrigation.

*The  State  Governments  alone  can  make  laws relating to the subjects mentioned in the State List.

 

(iii)  Concurrent list

 

v Concurrent list consist of 47 subjects.

v It includes subjects of common interest to  both such as education, forest, trade unions, marriage, adoption and succession.

v Both  the  Union  as  well  as  the  State  Governments  can  make

v laws on the subjects mentioned in this list.

v If their laws conflict with each other, the law made by the Union Government will prevail.

 

Residuary powers

*According to our constitution, the Union Government has the power to legislate on the subjects that do not fall in any of the three lists.

* It is known as ‘residuary’ subjects. E.g. Laws related to Computer software.

 

Decentralization in India

 

v In federal country there are two or more levels of governments. India is a vast country with diverse culture , religion language with large population . concentrated

v Thus there is a need of power sharing and decentralization

v To rule efficiently and better at lower level powers are decentralized in our country.

 

Decentralization:

v When power is taken from central and state governments and is given to local government, it is called decentralization.

v India is the largest decentralized democratic country in the world.

v Around 36 Lakh representatives are elected in panchayats and municipalities.

 

Significance of Decentralization:

(The basic idea behind decentralization)

(Rationale for the decentralization)

 

*India is a large  country with a huge population. It is not possible to rule the country by a single Government or state governments.

*Even  the  States  in  India  are  bigger  than  many  of  the  European  countries.

*  They  are internally very diverse.  There is a need for power sharing with in the state too.

 

 

Advantages of Decentralization:

 

v Sharing of power between centre and states and local government reduces conflict.

 

v At local level there are large number of issues and problems its difficult for the state or central government  to resolve these local issues decentralization  helps in the settlement of a large number of problems and issues at the local level.

v People have better knowledge of problems in their own localities.

v They know better on where to spend money and how to manage things efficiently.

v It provides a platform for the direct participation of people in decision-making.

v In another way, decentralization in the form of ‘local self government’ is the best way to realize principles of Democracy.

v Democracy is the government of people and decentralization gives the opportunity to local people to participate directly in decision making process .

v It has also increased women’s representation and voice in our democracy**

 

Values inculcated through local government:

 

(i)  People become responsible when they are entrusted with responsibilities, so it helps them to initiate the process of direct decision-making.

(ii)  They learn the importance of the power of one—which teaches that each one can make a difference to the way in which they are governed, in the current political scenario.

(iii)  They will realize the importance of their vote and will ensure that they vote at the time of elections, thus ensuring the habit of democratic participation.

 

Difficulties faced by local government

 

i.  While  elections  are  held  regularly  and  enthusiastically but ‘gram  sabhas’  are  not  held regularly.

ii.  Most  state  governments  have  not  transferred  significant  powers  to  the  local  governments.

iii-State governments  do not give adequate resources to these local governments. We are thus still a long way from realizing the ideal of self-government.

 

Local Government before 1992

 

(i) The  local  Government  bodies  like  village  panchayats,  municipalities  and  municipal corporations were  directly under the control of the state Government.

Local Self Governments did not have any powers or resources of their own, thus there was  no  decentralization  in  reality  before.

(ii)  Elections were not held regularly.

(iii)  Elections were controlled by the State Governments.

 

The Constitutional Amendment of 1992

(Local Government after 1992)

 

The Constitution was amended in 1992 to make the third tier of democracy more powerful and  effective.

 

Provisions of the Constitutional Amendment of 1992 are:

(a)  Now it is mandatory to hold regular elections to local government bodies.

(b)  Seats are reserved in the elected bodies and the executive heads of these institutions for  SCs, STs and OBCs.

(c)  At least one-third of all positions are reserved for women.

(d)  An independent institution called State Election Commission has been created in each state to conduct panchayat and municipal elections.

(e)  The state governments are required to share some powers and revenue with local government bodies. Local Governments have got some powers of their own. these have  become autonomous bodied after the amendment.

 

Questions

Describe any four measures taken to decentralize power in India.

State any two differences between the local government before and after the Constitutional amendment in 1992.      

 

Structure of Rural Local Government

 

*Decentralization in the form of ‘local self government’ is the best way to realize principles of Democracy.

It aims at rural development by the rural people.

*Democracy is the government of people and decentralization gives the opportunity to local people to participate directly in decision making process

The panchayati raj is a system of self government

. it functions at grass root level in villages.

*Local self government  is a three tier system of administration.

 

three tier system

(i)  village level- Gram Sabha, Gram Panchayat ,Nayaya Panchayat

Ii -Block level 

iii-District level

Grama Sabha

 

i. All the adult members(Voters) of a village constitute the Gram Sabha.

ii. It has to meet at least twice or thrice a year to approve the annual budget of the Grama Panchayat and to review the performance of the Gram Panchayat.

*Importance – Gram sabha discusses important issues related to the village. It approves the works of Gram Panchayat .

*All plans of gram panchayat are placed before the gram sabha .

Gram sabha controls the gram panchayat

.

(i)  Gram Panchayat

 

*At the lower level, it is the Village Panchayat.,Each  village,  or  a  group  of  villages  in  some  States,  has  a  Gram  Panchayat.

*It as a council consisting of several ward members often called Panch.

* They  are  directly  elected  by  all  the  adult  population  living  in  that  ward  or village. elected by Gram sabha.the members of gram panchayat are elected for 5 years.

*Its president is called Sarpanch.

 *It is the decision-making body for the entire village.

*The Panchayat works under the overall supervision of the gram sabha.

 

Works of gram Panchayat

 

*It constructs  and maintains   water sources , roads, drainage, street lights ,school buildings.it ensures the supply of clean drinking water

*Levying and collecting local taxes.

*It executes government schemes like NEREGA at village level .

Sarpanch

– The head of Gram Panchayat is the Surpanch He is elected by the the members of gram panchayat.for a term of 5 years.

Surpanch presides the meetings of Gram panchayat and Gram Sabha.

 

ii.  Block Samiti or Panchayat Samiti

 

*A few gram panchayats are grouped together to form a  Panchayat  Samiti  or  block  or  mandal

 *The  members  of  this representative body are elected by all the panchyat members in that area.

iii  Zila Parishad

 

*All the Panchayat  Samitis in a district together constitute the Zila Parishad.

*Most of the members are elected Members of the Lok  Sabha  and  MLAs  of  that  district  and  some  other  officials  of  other district  level bodies are also its members.

*It is headed by a chairperson.

 

Local government bodies for urban  areas

 

*Local government bodies also exist for urban areas as well.

*Municipalities are set up in towns.

*Big cities are constituted into municipal corporations. Both municipalities and  municipal  corporations  are  controlled  by  elected  bodies  consisting  of  people’s  representatives. 

 

*Municipal chairperson  is  the  political  head  of  the  municipality.

* In a Municipal Corporation such an officer is called the mayor.

                       

Topic : Evaluation of Indian Federalism

Success of Federalism in India

 

* Constitutional provisions are necessary for the success of federalism but these

are not sufficient.

Constitutional provisions like 12 th schedule of Indian constitution ,

*Federalism has succeeded in India due to the nature of democratic policies in our country.

*The policies adopted by India to ensure this success of federal system are as follows 

 

(i)  Linguistic States

 

When the demand for the formation of States on the basis of

language was raised, some national leaders feared that it would lead to the

disintegration of the country. The Central Government resisted linguistic

States for some time

States Reorganization Commission was formed in 1954 to recommend creation of States on the linguistic basis.

*After independence, the boundaries of several old states were changed in order to create new states.

*

*The creation of linguistic states was the first and a major test for democratic politics in our country.

*Some States were created not on the basis of language but to recognise

differences based on culture, ethnicity or geography. These include States like

Nagaland, Uttarakhand and Jharkhand.

 

 

*Experience has shown that the formation of linguistic States has

actually made the country, more united. It has also made administration easier

 

(ii)  Language Policy

 

*The second test for the Indian federation is the language policy.

* The Indian constitution did not give the status of national language to any one of the language.

Eighth schedule of Indian constitution contains the list of 22 languages

 

*Hindi was identified as the official language. But Hindi is the mother tongue of only about 40 per cent of Indians.

*There were many safeguards to protect other languages. Besides Hindi, there are 21 other languages recognised as Scheduled Languages by the Constitution.

*government work takes place in the official language of the concerned State.

*Central Government cannot impose Hindi on States where people speak a different language.

*The flexibility shown by Indian political leaders helped our country avoid the clashes like Sri Lanka .

 

(iii) Centre-State Relations

 

*Restructuring the centre-state relations is one more way in which federalism has been strengthened in practice.

Central state relation before 1990

 

*When different parties ruled at the centre and state levels the parties at the centre tried to undermine the power of states.

*The central government misused the constitution often to dismiss the state governments that were controlled by other parties.

* This is against the spirit of federalism.

Central- State relationship after 1990

 

*Change in the attitude of the central Government

 

*For a long time, the same party ruled both at the centre and most of the states. It did not allow states to become autonomous federal units.

*When the parties were different, the Centre tried to undermine the powers of the state Governments and even dismissed state Governments.

*This situation changed aftser 1990.

* Rise of a number of regional parties and establishment of coalition governments at the centre:

*Forming  of  coalition  Government  at  the  centre  led  to  a  new  culture  of  power  sharing and respect for the autonomy of state Governments.

* This trend was supported by a  judgment  of  the  Supreme  Court  that  made  difficult for  the  central  government  to dismiss state Governments in an arbitrary manner.

 

(iv) Decentralization of Power

 

*Power in India has been decentralized to the local government.

*The local government includes Panchayats in villages and municipalities in urban areas.

*The constitutional provisions to strengthen federalism  are laid out very clearly.

*There is respect for diversity**

A major step towards decentralisation was taken in 1992.

The Constitution was amended to make the third-tier of democracy more powerful and effective.

 

Federal System with a Unitary Bias (Extra)

 

*Indian federalism is an example of holding together federalism

*The Indian Constitution provides a federation with a strong centre.

*It is noteworthy that the Constitution has not used the word ‘federation’, anywhere, and has described India as a ‘Union of States’ .

*It implies that  the Indian federation is not the result of any agreement among the units and the units cannot secede(Split) from it.

India possesses most of the federal features but also several of the unitary features.

India is a federation

India is a distinct federation with following characteristics:

*Division of power – The levels of government

*Bicameral legislature.

* Supremacy of the constitution - Power and functions of each tier of government is specified and guaranteed by Constitution.

* Written constitution and complex process of amendment - The fundamental provisions of the constitution cannot be unilaterally changed by one level of government.

* Independency of Judiciary - Courts have the power to interpret the constitution and the powers of different levels of government.

*Sources of revenue for each level of government are clearly specified to ensure its financial autonomy.

 

 

Holding together federation.

 

Following arguments can be given to justify that India is a holding together federation. Indian Constitution has a unitary biasness

*Indian states have unequal powers and some States enjoy a special status.

*Union Territories do not have the powers of a State. The Central Government has special powers in running these areas.

*Central government is more powerful than state government such as

 

·        Appointment of Governors by the centre.

·        Comptroller and Auditor General.

·        Parliament’s power to form new states, change their names and alter boundaries of existing states.

·        Emergency provisions - The Indian federal structure acquires a unitary character during emergency, when the normal distribution of powers between the centre and the states  undergoes vital changes.

·        Single constitution.

▪ Single citizenship -There is no separate state citizenship as in other federal

countries. This implies that every citizen has same rights, privileges and immunities, no matter in which state he resides.

Therefore, it is said  that  India is a holding together federation or India has a quasi federal set up.

Morris Jonnes called it as Bargaining Federalism &

Granville Austine called it as Cooperative Federalism.

 

***********Chapter Over ***********

 

Federalism (7.7)

Worksheet

 

1. Describe any four features of federalism?

2. What makes India a federation?

or

Explain the factors which make India a federal state.

3. Explain any five features of the third tier of the government.

4. Why does the exact balance of power between the central and the state governments vary from one federation to another? Explain with two examples.

5. Explain two achievements and two difficulties of Local Self Government in India.

6. Analyse the advantages of decentralisation.

7. “The creation of linguistic states was the first and major test for democratic politics in our country .” Justify this statement.

8. Distinguish between ‘coming together’ and ‘holding together’ type of federations.

9.Explain two achievements and two difficulties of Local Self Government in India.

10. Analyse the advantages of decentralisation.

11. How can you say that power-sharing is more effective today than it was in the early years after the Constitution came into force?

12. In which way does the language policy in India help our country avoid the situation that Sri Lanka is in today?

13.Mention three policies that have strengthened federalism is India.

Or

Highlight any three steps taken by India towards  making it a federation

14. Explain the threefold distribution of legislative powers between the union government and the state governments.   or

What are the three lists given in the  constitution?

15. Why is it very difficult to make changes in the power -sharing arrangement between the Union Government and State Governments? Explain with examples.

16.What is decentralisation? What is the basic idea behind decentralization?

17. What steps were taken by the government to promote decentralization?

18. What are the drawbacks associated with local government?

19. “Local government’s have made a significant impact on Indian democracy. At the same time there are many difficulties”. Explain

20. What is the rationale for decentralization of power? Explain the structure of Rural Local Government in India.

21. What is a Gram Sabha ? Describe any four functions of a Gram Sabha.

22. How is a federal government different from the unitary form of government ? Why are federations preferred these days ?

Short Answer type Questions (3 Marks )

1.How can you say that the new system of local government is the largest experiment in democracy conducted anywhere in the world?

2. Write a note on the local government bodies in urban areas.

3. Why was third-tier of the government created?

4. What are the steps taken by ourConstitution to safeguard the different languages?

5. What is the dual objective of the federal system?  What is required to fulfil them?

6. List the main features of the 73^rd Amendment Act.

7. Point out one feature of federalism practised in India that is similar to and one feature that is different from that of Belgium.

8. Why did the makers of our Constitution declare  India to be a ‘Union of states’ ? Why were some

sub-political units of India given a special status?

9. What challenges did centre-state relations in  India face before the 1990’s? Why is power sharing between centre and state more effective today.   or

State any three differences between the local  government before and after the constitutional

Amendment in 1992.

10. Do you take decentralisation as means to minimise the conflicts ? Give your view point ?

11. Differentiate between Gram Sabha and Gram Panchayat.

12. What qualities or values are inculcated in the people through local government ?

13. What values will be gained through reservation of seats for women, SC’s, ST’s and OBC’s in the third tier of democracy.

14. “Local government’s have made a significant  impact on Indian democracy. At the same time there are many difficulties”. Explain

15. What values will be gained through reservation of seats for women, SC’s, ST’s and OBC’s in the third tier of democracy?

 

                                                                        ********************