FEDERALISM

Federalism is the mixed or compound mode of government, combining a

general government (the central or 'federal' government) with regional governments
(provincial, state, cantonal, territorial or other sub-unit governments) in a single
political system. Its distinctive feature, exemplified in the founding example of
modern federalism of the United States of America under the Constitution of 1787, is
a relationship of parity between the two levels of government established.

Thus, it can be defined as a form of government in which there is a division of

powers between two levels of government of equal status.

Leading examples of the federation or federal state include the Russian

Federation,the UnitedStates, USSR, Canada, Mexico, Brazil, Germany, Switzerland, 
Australia and India. Some also today characterize the European Union as the
pioneering example of federalism in a multi-state setting, in a concept termed the
federal union of states.

Federalism is a method of government that allows two or more entities to share

control over the same geographic region. In a federalist government, the power is
divided between the national government and other governmental units.

India as a federal state

The Government of India (referred to as the Union Government) was

established by the Constitution of India, and is the governing authority of a federal
union of 29 states and 7 union territories.

The government of India is based on a 3 tiered system, in which the Constitution

of India delineates the subjects on which each tier of government has executive
powers. The Constitution originally provided for a two-tier system of government, the
Union Government (also known as the Central Government), representing the Union
of India, and the State governments. Later, a third tier was added in the form
of Panchayats and Municipalities.

1
 In the current arrangement, the Seventh Schedule of the Indian Constitution
delimits the subjects of each level of governmental jurisdiction, dividing them into
three lists:

 Union List includes subjects of national importance such as defence of the

country, foreign affairs, banking, communications and currency. The Union
Government alone can make laws relating to the subjects mentioned in the Union
List.
 State List 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.
 Concurrent List includes subjects of common interest to both the Union
Government as well as the State Governments, such as education, forest, trade
unions, marriage, adoption and succession. Both the Union as well as the State
Governments can make laws on the subjects mentioned in this list. If their laws
conflict with each other, the law made by the Union Government will prevail.

Asymmetric federalism

A distinguishing aspect of Indian federalism is that unlike many other forms of

federalism, it is asymmetric. Article 370 makes special provisions for the state
of Jammu and Kashmir as per its Instrument of Accession. Article 371 makes special
provisions for the states of Andhra
Pradesh, ArunachalPradesh, Assam, Goa, Mizoram, Manipur, Nagaland and Sikkim a
s per their accession or state-hood deals. Also one more aspect of Indian federalism is
system of President's Rule in which the central government (through its appointed
Governor) takes control of state's administration for certain months when no party can
form a government in the state or there is violent disturbance in the state.

2
Coalition politics

Although the Constitution does not say so, India is now a multilingual
federation. India has a multi-party system, with political allegiances frequently based
on linguistic, regional and caste identities, necessitating coalition politics, especially at
the Union level.

SOCIALISM is a range of economic and social systems characterized

by social ownership and democratic control of the means of production, as well as the
political theories, and movements associated with them. There are many varieties
of socialism and there is no single definition encapsulating all of them. Social
ownership is the common element shared by its various forms.

Central to the meaning of socialism is common ownership. This means the

resources of the world being owned in common by the entire global population. for
example. People 'owning' certain personal possessions does not contradict the
principle of a society based upon common ownership.

In practice, common ownership will mean everybody having the right to

participate in decisions on how global resources will be used. It means nobody being
able to take personal control of resources, beyond their own personal possessions.

Democratic control is therefore also essential to the meaning of socialism.

Socialism will be a society in which everybody will have the right to participate in the
social decisions that affect them. These decisions could be on a wide range of issues—
one of the most important kinds of decision, for example, would be how to organise
the production of goods and services.
Production under socialism would be directly and solely for use. With the
natural and technical resources of the world held in common and controlled
democratically, the sole object of production would be to meet human needs. This
would entail an end to buying, selling and money. Instead, we would take freely what
we had communally produced. The old slogan of "from each according to ability, to
each according to needs" would apply.

3
 In socialism, everybody would have free access to the goods and services
designed to directly meet their needs and there need be no system of payment for the
work that each individual contributes to producing them. All work would be on a
voluntary basis. Producing for needs means that people would engage in work that has
a direct usefulness. The satisfaction that this would provide, along with the increased
opportunity to shape working patterns and conditions, would bring about new attitudes
to work.

Socialist economic systems can be divided into non-market

and market forms. Non-market socialism involves the substitution of factor
markets and money, with engineering and technical criteria, based on calculation
performed in-kind, thereby producing an economic mechanism that functions
according to different economic laws from those of capitalism. Non-market socialism
aims to circumvent the inefficiencies and crises traditionally associated with capital
accumulation and the profit system. By contrast, market socialism retains the use of
monetary prices, factor markets, and, in some cases, the profit motive, with respect to
the operation of socially owned enterprises and the allocation of capital goods
between them. Profits generated by these firms would be controlled directly by the
workforce of each firm, or accrue to society at large in the form of a social
dividend. The socialist calculation debate discusses the feasibility and methods of
resource allocation for a socialist system.

SECULARISM(Soul of the Constitution)    

The constitution of India describes the state as sovereign, socialist, secular and
democratic. The expression ‘secular’ has special significance in the context of the
historical development of Indian polity. Indeed, it is of   pivotal importance
particularly in the context of political realities on the ground as they exit now. In  a
plural society like ours with a multiplicity of religions, creeds and cultures, democracy
cannot survive, much less, flourish unless it is based on the principle of secularism. A
secular state as defined scientifically, means a state which recognizes any social or
religious stratification as vehicles for existing political rights.

4
            According to Dr. Radhakrishnan "Secularism does does not mean irreligion or
atheism or even stress on material conforts. It proclaims that it lays stress on the
universality of spiritual values which may be attained by a variety of ways".
            The concept of secularism implying anti-religious ideology cannot be applied
to India which is a multi religious society. According to Indira Gandhi "Secularism is
neither a religion nor indifference to religion but equal respect for all religions", not
mere tolerance but positive respect without it, there is no future for the nation".
Even western writers have supported this view, for instance, Harvey Cox has stressed
that secularism does not exclude religion; on the contrary, it breeds religious peaceful
co-existence. What is important to note is that in a secular polity the state has nothing
to do with religion.
The word 'secular' in dictionary refers to things which are not religious or
spiritual. The concept of 'secular' in fact was first used in Europe where the church
had complete control over all types of properties and nobody could use property
without the consent of the church. Some intellectuals raised their voice against this
practice. These people came to be known as 'secular' which meant "separate from
church" or "against church". In India, this term was used in a different context after
independence. After the Partition of the country, the politicians wanted to assure the
minority communities, particularly the Muslims that they would not be discriminated
against in any way. Hence, the new Constitution provided that India would remain
'secular' in the Constitution, which meant that:
(a) each citizen would be guaranteed full freedom to practice and preach his
religion
(b) state will have no religion
(c) all citizens, irrespective of their religious faith, will be equal.
In this way, even the agnostics were given the same rights as believers.
This indicates that a secular state or society is not an irreligious society.

5
 Religions exist, their followers continue to believe in and practice the religions
exist, their followers continue to believe in and practice the religious principles
enshrined in their holy books, and no outside agency, including the state, interferes in
the legitimate religious affairs.
In other words, two important ingredients of a secular society are:
(a) complete separation of state and religion, and
(b) full liberty for the followers of all religions as well as atheists and agnostics
to follow their respective faiths.
            In secular society, the leaders and followers of various religious communities
are expected not to use their religion for political purposes. However, in practice
Hindu, Muslim, Sikh and other religious communities do use religion for political
goals.           
Gandhi and Nehru on Secular State
            The principal advocates of secular ideology in India were Jawaharlal Nehru
and Mahatama Gandhi. Nehru's secularism was based on a commitment to scientific
humanism tinged with a progressive view of historical change.
On the other hand, Gandhi's Secularism was based on a commitment to the
brotherhood of religious communities based on their respect for and pursuit or truth.
            Jawaharlal Nehru has been a leading champion of the concept of the secular
state. Indeed, the creation of India as a secular state may in time come to be accepted
as 'one or his greatest achievements', to use the words of Chester Bowles. Nehru has a
great aversion to the intrusion of religious factors into politics and he is especially
concerned with transforming India from a 'caste-ridden society' in which
communalism constitutes a major threat to all the values that the cherishes to "a
national state which includes people of all religions and shades of opinion and is
essentially secular as a state". "Religion is all right," he has said "when applied to
ethics and morals, but it is not good mixed up with politics".
            This statement seems to be in direct contrast to the views of Mahatma Gandhi,
whom Nehru himself once described as "essentially a man of religious, a Hindu to the
innermost depths of his being."

6
Nehru insisted that the free India should be a non-communal, secular state. "The
Government of a country like India". Nehru declared "with may religions that have
secured great and developed following for generation, can never function
satisfactorily in the modern age except on a secular basis".
He boasts of facts that "our constitution is based on secular conception and gives
freedom to all religions".
           The basic outlines of the Secularism are enshrined in the following articles of
the constitution:
1. Preamble
It is true that the word 'secular' did not first occur either in Article 25 or 26 or
in any other article of Preamble of the constitution. By the 42nd Amendment Act,
1976, the preamble was amended for the words' Sovereign Democratic Republic' the
words 'Sovereign, Socialist, Secular, Democratic, Republic were substituted.
2. No State Religion
            There shall be no 'state religion' in India. The state will neither establish a
religion of its own nor confer any special patronage upon any particular religion.
Article 27 provides that the state will not compel any citizen to pay any taxes for the
promotion or maintenance of any particular religion or religious institution. Article 28
prohibits religious instruction in any educational institution wholly maintained out of
state funds whether such instruction is given by the state or by any other body.
3. Freedom of Conscience:
            Every person is guaranteed the freedom of conscience and to freedom to
profess, practice and propagate his own religion, subject only:
(i)         to restrictions imposed by the state in the interests of public order, morality
and health.
(ii)        to regulations or restrictions made by state relating to any economic, financial,
political other secular activity which may be associated with religious practice,
but do not really appertain to the freedom of conscience;
(iii)       to measures of social reforms and for throwing upon of Hindu religious
institutions of a public character to all classes and sections of Hindu.
7
4. Freedom to manage Religious Affairs:
            There is not only the freedom of the individual to profess, practise and
propagate his religion, there is also the right guaranteed to every religious group or
denomination:

(i)         to establish and maintain institutions for religious and charitable purposes;
(ii)        to manage its own affairs in matters of religion;
(iii)       to own and acquire movable and immovable property; and
(iv)       to administer such property in accordance with law (Article 26).
5. Equality before the law:
            Article 14 grants equality before the law and equal protection of the laws to
all. Article 15 enlarges the concept of secularism to the widest possible extent
prohibiting discrimination ion grounds of religion, race, caste, sex or place of birth.
Article 16(1) guarantees equality of opportunity to all citizens in matters of public
employment and reiterates that there would be no discrimination on the basis of
religion, race, caste, sex, descent, place of birth and residence.
6. Cultural and Educational Rights:
            Under Article 29 and 30, certain cultural and educational rights are guaranteed.
Article 29 guarantees the right of any section of the citizens residing in any part of the
country having a distinct language, script or culture of its own, to conserve the same.
Article 30 provides that "all minorities, whether based on religion or languages shall
have the right to establish and administer educational institution of their choice".
FAILURES AND CHALLENGES OF SECULARISM IN INDIA:    
1. Constitutional contradiction: The constitution has failed secularism as Article 48
is conclude in secular phrases but sanctioned ban on cow  slaughter, a religious
sentiment. Kripan, a weapon is allowed for Sikhs as a religious practice.
Polygamy is allowed for Muslims and discrimination against women  is not yet struck
down by the court all because of religion at the root.

8
2.  Society is Non-Secular: For the sake of brevity, one may move on from the
philosophy of secularism and the law of neutrality to secular humanism, manifest in
the special concern for women and children and for backward classes.

3. Growing Fundamentalism: The growing fundamentalism both amongst Hindu

and Muslim is a serious threat to the secular character of our polity.
One can understand the growth of fundamentalism amongst Muslims because the
minorities wish to preserve their identity.

4. Political Parties & their vested interests: The political parties, including the
national parties, do not allow secularism to take precedence over their political
interests. Some of the political parties have vested interest in communism &
communal violence to gain power, other tolerate it to retain power.

5. Growth of communalism & communal riots: Communalism has continued to

grow even after independence. During the 10 years from 1954 to 1963, when the
position of the congress party was almost unassailable there were an average of 62
communal riots annually and the number of these killed around 40 a year.
The seven period from 1964 to 1970, the country had a average of 425 communal riots
and an average of 467 killed each year. However, there had been 779 communal
incidents in the year of 2005.