CHAPTER-2 FEDERALISM

 FEDERALISM
Federalism is a system of government in which the power is divided between a
central authority and various essential units of the country.
Usually, a federation has two levels of government.
 One is the government for the entire country that is usually responsible for
a few subjects of common national interest.
 The others are governments at the level of states that look after much of
the day-to-day functioning of their state.

 FEATURES/CHARACTERISTICS OF FEDERALISM
The key features of federalism are as us under:-

 There are two or more levels of government.

 Different tiers (levels) of government govern the same citizens, but each
tier (level) has its own JURISDICTION in specific matters of legislation,
taxation and administration (organization).
 The jurisdictions of the respective levels of government are specified in the
constitution. So the existence and authority of each level of government is
constitutionally definite.
 The fundamental provision of the constitution cannot be unilaterally
changed by one level of government and require the approval of both the
levels of government.
 Courts have the power to interpret the constitution and the powers of
different levels of government. The Supreme Court plays the role of an
umpire if disputes arise between different levels of government.
 Sources of revenue for each level of government are clearly specified to
ensure its financial autonomy.
 The federal system thus has dual objectives to safeguard and promote unity
of the country and to accommodate regional diversity.

 FEDERAL SYSTEM AND UNITARY SYSTEM

 FEDERAL SYSTEM: -
 In a federal form of government, the central government shares its power
with the various constituent units of the country.
  In a federal system, the central government cannot order the state
government to do something.
 State government has powers of its own for which it is not answerable to
the central government.
 Example: - India, USA, Canada.

 UNITARY SYSTEM:-
 In unitary form of government either there is only one level of government
or the sub units are subordinate to the central government.
 In a unitary system, the central government can pass on orders to the local
government.
 Example: - UK, China, France.

 FORMATION OF FEDERATION
There are two kinds of route through which federations have been formed.

1) COMING TOGETHER FEDERATION

 Under this the independent, states come together on their own to form a
single big unit.
 In this type of federations all the states have equal power and are strong in
relation in the central government.
 Example: - USA, Switzerland and Australia.

2) HOLDING TOGETHER FEDERATION

 Under this, a large country decides to divide its power to constituent states
and the national government.
 In this category the central government tends to be more powerful with
regards to the states.
 Example: - India, Spain and Belgium.

 HOW DID INDIA EMERGE AS A FEDERAL COUNTRY?

 India had emerged as an independent nation after a painful and bloody
partition in 1947. After independence, several princely states became a
part of the country.
 The constitution declared India as Union of States; the Indian Union is
based on the principles of federalism.
  The constitution originally provided for a two level system of government,
the Union (Central) government, representing the Union of India and the
State governments.
 Later, a third tier of federalism was added in the form of ‘Panchayati Raj’.
 The different tiers enjoy separate jurisdiction. Both union and state
governments function independently.
 The union government and state government have the power to raise
resources by levying taxes in order to carry on the governments.

 PANCHAYATI RAJ (LOCAL GOVERNMENT) AND ITS

IMPORTANCE (ADVANTAGES) AND DISADVANTAGES
The rural local governments in villages are called Panchayati Raj.

IMPORTENCE (ADVANTAGES):-
 It helps in the decentralization of power.
 It helps the people to directly participate in decision-making.
 It reduces the burden of central government.

DISADVANTAGES:-
 There is a shortage of resources.
 Elections are not held regularly.
 Most states have not transformed significant powers to the local
government.

 EXPLAIN HOW POWER IS SHARED AMONG DIFFERENT

ORGANS OF THE GOVERNMENT?
 OR
DISCUSS HOW THE POWERS ARE DIVIDED BETWEEN THE
UNION (CENTRAL) GOVERNMENT AND STATE
GOVERNMENT?

The constitution of India clearly specifies the powers that are to be placed
under central and state government’s authority.

1) Union list:-
 It includes subject of national level importance.
  The central government alone can make decisions on these matters
such as defence of the nation, foreign affairs, banking, currency and
communication.
 The aim of these matters in Union list is to ensure uniformity in the
policy of these areas throughout the country.
 This list contains 97 subjects.

2) State list:-
 It includes matters of state level importance.
 The state government alone can make decisions relating to the subjects
mentioned in this list.
 It contains matter such as police, trade, agriculture, commerce and
irrigation.
 This list contains 67 subjects.

3) Concurrent list:-
 It includes those subjects which are of common interest of both the
central and state governments.
 It includes matters such as education, forest, marriage and trade unions.
 Both the state and central governments can make decisions on these
matters.
 In case of any dispute, the decision taken by the union government will
be happening.
 This list contains 47 subjects.

4) Residuary subjects:-
 Subjects which do not fall in any of these three lists.
 New subjects like computer software that came up after constitution
was made.
 According to the constitution the Union government has the power to
legislate on these residuary subjects.

 HOW ARE CONSTITUTIONAL CHANGES MADE IN A

FEDERAL SYSTEM?
OR
HOW IS DISPUTE RELATED TO POWER SHARING SOLVED?

 It is not easy to make changes to power sharing of power between the

union and state government.
 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 approved by the legislatures of at least half of the total
states.

 UNION TERRITORIES

 These are the areas which are too small to become an independent state
but which could not be merged with any of the existing state.
 The areas like Chandigarh, Lakshadweep or the capital city of Delhi are
called union territories.
 The central government has the special powers in running these states.

 POINT TO REMEMBER:-
All states in the Indian union do not have identical powers. Some states enjoy
special status, like Jammu and Kashmir has its own constitution.