Federalism

Every card in this deck

QFederalism

AA system in which power is divided between a central authority and its constituent units. Both levels govern the same citizens, each with its own jurisdiction guaranteed by the constitution, and each is separately answerable to the people.

QHow does a federal government differ from a unitary government?

AIn a unitary system there is one level of government, or sub-units are subordinate to the centre, which can order provincial or local governments. In a federal system the centre cannot order a state government, because the state has its own powers for which it answers to the people, not the centre.

QWhat are the key features of federalism?

ATwo or more tiers of government, each with its own jurisdiction in legislation, taxation and administration, specified in the constitution. Fundamental provisions cannot be changed by one level alone. Courts interpret the constitution and act as umpire in disputes, and each level has clearly specified sources of revenue.

QWhat are the dual objectives of a federal system, and what two things make it work?

ATo safeguard and promote the unity of the country while accommodating regional diversity. It needs the governments at different levels to agree on rules of power-sharing and to trust each other to keep their part: mutual trust and agreement to live together.

QJurisdiction

AThe area over which someone has legal authority, defined either by geographical boundaries or by certain kinds of subjects.

QHow does a 'coming together' federation differ from a 'holding together' federation?

AIn coming together federations (USA, Switzerland, Australia), independent states pool sovereignty for security, and the units usually have equal power and are strong against the centre. In holding together federations (India, Spain, Belgium), a large country divides power, so the centre is stronger and units may have unequal powers.

QWhy is India a federal country even though the Constitution calls it a 'Union of States'?

AAll the key features of federalism apply to its Constitution. It set up two tiers of government, the Union and the States, later adding panchayats and municipalities as a third tier. Each has separate jurisdiction, with legislative powers divided among three lists.

QUnion List

ASubjects of national importance, such as defence, foreign affairs, banking, communications and currency, on which only the Union Government can make laws, because the whole country needs a uniform policy on them.

QState List

ASubjects that matter at state and local level, for example police, trade, commerce, agriculture and irrigation. Only State Governments may legislate on them.

QConcurrent List

ASubjects of common interest, such as education, forest, trade unions, marriage, adoption and succession, on which both the Union and State Governments can make laws. If their laws conflict, the Union law prevails.

QResiduary subjects

ASubjects that fall in none of the three lists, including ones that arose after the Constitution was made, such as computer software. The Union Government has the power to legislate on them.

QWhy do some Indian states, such as Assam, Nagaland and Mizoram, enjoy special powers?

ABecause of their particular social and historical circumstances, Article 371 gives them special powers to protect the land rights of indigenous peoples, their culture, and preferential employment in government services. Non-permanent residents cannot buy land or houses there.

QUnion Territories

AAreas such as Chandigarh, Lakshadweep and Delhi that are too small to be states but could not be merged with existing ones. They do not have a state's powers, and the Central Government has special powers in running them.

QWhy is it hard to change the division of power between the Union and the States?

AIt is basic to the Constitution, so Parliament cannot change it alone. Any change must be passed by both Houses with at least a two-thirds majority and then ratified by the legislatures of at least half of all the states.

QWhat role does the judiciary play in India's federal system?

AIt oversees the implementation of constitutional provisions and procedures. If there is a dispute over the division of powers between the Union and the States, the High Courts and the Supreme Court decide it.

QHow did the creation of linguistic states strengthen Indian federalism?

AState boundaries were redrawn so that people speaking the same language lived in the same state; some, like Nagaland, Uttarakhand and Jharkhand, were formed on culture, ethnicity or geography. Despite fears of disintegration, this made the country more united and administration easier.

QHow did India's language policy avoid the kind of conflict Sri Lanka faced?

ANo language was made the national language. Hindi became the official language, with 21 other scheduled languages protected and usable in central exams. When non-Hindi states, notably Tamil Nadu, resisted, English was continued alongside Hindi. Hindi is promoted but not imposed.

QHow did Centre-State relations change after 1990?

ABefore, one party ruled the Centre and most states, and the Centre often misused the Constitution to dismiss rival state governments. After 1990, regional parties rose and coalition governments at the Centre depended on them, creating respect for state autonomy. A Supreme Court judgement also made arbitrary dismissal difficult.

QDecentralisation

ATaking power away from the Central and State governments and giving it to local government. Its basic idea is that many problems are best settled at the local level.

QWhy was decentralisation needed in India?

AIndian states are as large and diverse as European countries, so power needs sharing within them too. Local people know their problems best, have better ideas on spending and management, and can take part directly in decisions. This builds a habit of democratic participation and realises local self-government.

QWhat changes did the 1992 constitutional amendment make to local government?

ARegular elections to local bodies became mandatory. Seats were reserved for SCs, STs and OBCs, and at least one-third of positions for women. A State Election Commission was created in each state, and state governments must share some powers and revenue with local bodies.

QGram panchayat vs gram sabha

AThe gram panchayat is a council of ward members (panch) and a president (sarpanch), directly elected by the village's adults; it is the village's decision-making body. The gram sabha is all the village's voters; it supervises the panchayat and meets two or three times a year to approve its budget and review its work.

QPanchayat samiti and zilla parishad

AA panchayat samiti (block or mandal) groups several gram panchayats; its members are elected by the panchayat members of the area. All the samitis in a district form the zilla parishad, whose members are mostly elected and include the district's Lok Sabha MPs and MLAs. Its chairperson is the political head.

QWhat was the Porto Alegre experiment in Brazil, and what did it achieve?

AThe city combined decentralisation with participatory democracy. A parallel body beside the municipal council let residents discuss and propose the city budget in ward and city-wide meetings, with the municipality deciding. Spending no longer favoured rich colonies: buses reached poor areas and slum-dwellers could not be evicted without resettlement.

QWhat has local self-government achieved in India, and what problems remain?

AWith about 36 lakh elected representatives, it is the largest experiment in democracy anywhere; it has deepened democracy and increased women's representation. But gram sabhas are not held regularly, and most states have not transferred significant powers or adequate resources.