Federalism is a system of government in which power is divided between a central authority and constituent political units, such as states or provinces, each with its own sphere of jurisdiction. It allows for both shared rule and autonomy, providing a balance between national unity and regional diversity.
On this page we have compiled the most comprehensive notes on federalism, on the internet.
The PDF notes is attached at the bottom of this webpage.
- What is Federalism?
- Two Levels of Government in Federalism
- Key Features of Federalism
- Difference between Unitary Form and Federalism
- What makes India a Federal Nation?
- Three Lists: Union List, State List and Concurrent List
- HOW IS FEDERALISM PRACTICED IN INDIA?
- Frequently Asked Questions about FEDERALISM (CLASS 10 NOTES)
What is Federalism?
- Federalism is a system of government where power is shared between a central authority and various constituent units of the country.
- It involves two levels of government: a national or central level responsible for the entire country, and state or divisional provinces that handle daily administration.
- In federalism, each level of government has defined laws, jurisdictions, and powers as outlined in the constitution.
- Courts can intervene and interpret the powers of government at any level.
- Financial autonomy is ensured through specifically defined sources of income for each level of government.
Two Levels of Government in Federalism
In federalism, there are two levels of government:
-
Central or National Government: This level of government is responsible for the entire country and deals with subjects of national interest. It has the authority to make laws and policies that apply to the entire nation. Examples of subjects under the central government's jurisdiction include defense, foreign affairs, and currency.
-
State or Divisional Provinces Government: This level of government exists at the state or divisional provinces level and is responsible for the administration of specific regions within the country. It handles subjects of state and local importance such as police, commerce, and irrigation. The state government has the power to make laws and policies that are applicable within their respective regions.
Key Features of Federalism
-
Shared Power: Federalism involves the sharing of power between the central authority and various constituent units of the country. This distribution of power ensures a balance between national unity and regional autonomy.
-
Multiple Tiers of Government: Federalism typically consists of more than one tier of government. This includes a central or national government and regional or state governments. Each level has its own set of powers and responsibilities.
-
Defined Laws and Jurisdictions: Different tiers of government in federalism have defined laws and jurisdictions. They have the authority to legislate and make policies within their respective areas of responsibility.
-
Constitutional Basis: Federalism is based on a written constitution that outlines the powers and functions of each level of government. The constitution serves as a framework for the division of powers and the relationship between the central and regional governments.
-
Judicial Interpretation: Courts play a crucial role in federalism by interpreting the powers and resolving disputes between different levels of government. They ensure that each level of government operates within its constitutional limits.
-
Financial Autonomy: In federalism, each level of government has its own sources of income and financial autonomy. This allows them to fund their operations and implement policies without excessive dependence on the central government.
-
Dual Objectives: Federalism aims to promote both national unity and regional diversity. It seeks to maintain the unity of the nation while accommodating the unique needs and aspirations of different regions.
-
Power-Sharing Agreements: Governments at different levels in federalism agree to certain rules of power-sharing. They trust that each level will abide by its part of the agreement, ensuring a cooperative and collaborative approach to governance.
-
Subsidiarity Principle: Federalism follows the principle of subsidiarity, which means that decisions should be made at the lowest level of government possible. This allows for more effective and efficient governance, as local issues can be addressed by local authorities.
-
Flexibility and Adaptability: Federalism provides flexibility and adaptability to accommodate changing circumstances and evolving needs. It allows for the devolution of powers or the creation of new units of government based on social, cultural, or geographical factors.
Difference between Unitary Form and Federalism
Feature | Unitary System | Federal System |
---|---|---|
Power Distribution | Power is concentrated at the central level, with subnational entities having limited authority. | Power is divided between the central government and subnational entities, each with their own sphere of influence. |
Governance Structure | There is a single tier of government responsible for governing the entire country or state. | Governance is characterized by multiple tiers of government, with separate levels of authority at the national and subnational levels. |
Constitutional Flexibility | The central government typically holds significant authority over subnational entities, with limited autonomy granted to them. | Subnational entities often have a degree of constitutional autonomy, with powers and responsibilities outlined in the constitution. |
Amendment Process | Amendments to the governmental structure are generally easier to implement as they require approval primarily at the central level. | Amendments to the governmental structure can be more complex, often requiring consensus or approval from multiple levels of government. |
Examples | Examples include France, Japan, and the United Kingdom. | Examples include the United States, Canada, and Germany. |
What makes India a Federal Nation?
India is considered a federal country due to the following factors:
-
Division of Powers: The Indian Constitution provides for a two-tier system of government, consisting of the Union Government or Central Government and the State governments. This division of powers between the central and state governments is a fundamental characteristic of federalism.
-
Three Lists: The Constitution of India establishes three lists that delineate the subjects on which the Union and State governments can legislate. These lists are the Union List, State List, and Concurrent List. The Union List includes subjects of national importance, the State List covers subjects of state and local importance, and the Concurrent List contains subjects of common interest to both levels of government. More details on each is provided in the next section.
-
Independent Jurisdiction: Both the Union and State governments have their own spheres of jurisdiction and legislative authority. They can make laws and policies within their respective areas of responsibility without interference from each other.
-
Dual Government Structure: India has a dual government structure, with powers and responsibilities divided between the central and state governments. Each level of government has its own executive, legislative, and administrative bodies.
-
Independent Judiciary: The Indian judiciary acts as an independent and impartial arbiter in matters of federalism. It interprets the Constitution and resolves disputes between the central and state governments, ensuring the proper functioning of federal principles.
-
Financial Autonomy: The Indian federal system provides financial autonomy to both the central and state governments. Each level of government has its own sources of revenue and can make decisions regarding fiscal matters within their jurisdiction.
-
Representation of States: The Rajya Sabha, the upper house of the Indian Parliament, represents the states and ensures their participation in the legislative process at the national level. This representation strengthens the federal character of the country.
-
Asymmetric Federalism: India exhibits elements of asymmetric federalism, where certain states enjoy special status and have specific provisions in the Constitution to address their unique social, historical, and cultural circumstances. Examples include states like Assam, Nagaland, Arunachal Pradesh, and Mizoram under Article 371.
-
Local Self-Government: India has a decentralized system of governance with the establishment of local self-government institutions such as Panchayats and Municipalities. These institutions provide a third tier of government and further strengthen the federal structure of the country.
-
Linguistic States: The creation of linguistic states in India was a significant step towards recognizing and accommodating regional diversity. The reorganization of states based on language in 1956 aimed to ensure that people who spoke the same language lived in the same state, promoting unity and ease of administration.
NOTE: It is important to note that while India is considered a federal country, it also has certain unitary features, such as the ability of the central government to intervene in state matters under certain circumstances. Nonetheless, the federal structure of India remains a defining characteristic of its governance system.
Three Lists: Union List, State List and Concurrent List
Union List
-
National Importance: The Union List in India includes subjects that are of national importance and require uniform laws and regulations across the entire country. It covers areas such as defense, foreign affairs, atomic energy, banking, and currency.
-
Central Government Authority: The Union List is under the exclusive jurisdiction of the central government. Only the Union government has the power to legislate on matters included in this list, ensuring uniformity and consistency in laws across the nation.
-
National Security: Subjects related to national security, such as defense, armed forces, and intelligence agencies, are included in the Union List. This ensures that the central government has the authority to make decisions and take actions to safeguard the country's security and sovereignty.
-
International Relations: Matters concerning foreign affairs, treaties, diplomatic relations, and international trade fall under the Union List. The central government represents the country in international forums and has the power to negotiate and enter into agreements with other nations.
-
Exclusive Union Legislation: Laws related to subjects in the Union List can only be made by the Union government. State governments do not have the authority to legislate on matters included in this list, ensuring a centralized approach to national issues.
State List
-
State and Local Importance: The State List includes subjects that are of specific interest and relevance to the states and local governments. It covers areas such as police, public order, public health, agriculture, irrigation, and local government.
-
State Government Authority: The State List is within the exclusive jurisdiction of the state governments. State legislatures have the power to make laws and policies on matters included in this list, allowing them to address the specific needs and priorities of their respective states.
-
Administration and Governance: Subjects related to state administration and governance, such as state public services, state police, prisons, local government institutions, and state-level taxation, are covered under the State List. This empowers state governments to manage and govern their territories effectively.
-
State-Specific Laws: State governments have the authority to enact laws that are tailored to the unique requirements and circumstances of their states. This allows for flexibility and customization in addressing local issues and challenges.
-
Cooperative Federalism: While state governments have the power to legislate on matters in the State List, they can also collaborate with the central government on certain subjects. This cooperative federalism approach ensures coordination and cooperation between different levels of government for effective governance.
Concurrent List
-
Shared Jurisdiction: The Concurrent List includes subjects of common interest to both the Union and State governments. It covers areas such as education, forest, trade unions, marriage, adoption, and succession.
-
Dual Legislation: Both the Union and State governments have the power to make laws on matters included in the Concurrent List. This allows for concurrent legislation, where both levels of government can enact laws and regulations within their respective jurisdictions.
-
Harmonization of Laws: The Concurrent List facilitates the harmonization of laws between the Union and State governments. It ensures that there is a common framework and coordination in areas where both levels of government have legislative authority.
-
Resolving Conflicts: In case of a conflict between a Union law and a State law on a subject in the Concurrent List, the Union law prevails. This ensures uniformity and consistency in cases where there may be overlapping legislation.
-
Flexibility and Adaptability: The Concurrent List allows for flexibility and adaptability in addressing issues of common interest. It provides an avenue for collaboration and coordination between the Union and State governments, enabling them to work together on matters that require joint efforts.
-
Some States enjoy a special status such as Assam, Nagaland, Arunachal Pradesh, and Mizoram under Article 371 due to their peculiar social and historical circumstances.
-
Chandigarh, Lakshadweep, the capital city of Delhi, is called Union Territories and the Central Government has special powers in running these areas.
HOW IS FEDERALISM PRACTICED IN INDIA?
-
Linguistic States:
- One of the key ways in which federalism is practiced in India is through the creation of linguistic states.
- After independence in 1947, the boundaries of several old states were reorganized to ensure that people who spoke the same language lived in the same state.
- This helped make the country more united and administration easier.
- Some states like Nagaland, Uttarakhand, and Jharkhand were also created to recognize differences based on culture, ethnicity, or geography.
-
Language Policy:
- India does not have a single national language.
- While Hindi was identified as the official language, no language was given the status of the national language
- Besides Hindi, there are 21 other languages recognized as Scheduled Languages by the Constitution.
- This accommodation of linguistic diversity is an important aspect of how federalism is practiced in India.
-
Decentralization of Power:
- Another key way federalism is practiced is through the decentralization of power to local government bodies.
- In 1992, the Constitution was amended to create a third tier of government at the local level. This was done because many issues are better resolved locally than at the state or central level.
To effectively empower local bodies, several steps were taken:
- Regular elections for local bodies were made mandatory
- Seats were reserved for Scheduled Castes, Scheduled Tribes, Other Backward Classes, and women to ensure representation
- State Election Commissions were established to conduct local elections
- Some powers and revenue were devolved from state governments to local bodies
- The local government structure includes:
- Panchayati Raj institutions for villages and rural areas
- Municipalities for cities and urban areas
- The local government structure includes:
- This three-tier system of governance, with power shared between the Centre, states, and local bodies, is a core aspect of how the federal principles of unity and accommodation of diversity are upheld in India.
Frequently Asked Questions about FEDERALISM (CLASS 10 NOTES)
State the Dual Objective of Federalism
The two key objectives of federalism in India are to maintain the nation's unity and integrity, while also respecting and providing autonomy to the country's diverse regions, cultures, and populations through power-sharing between the central government and state/local governments. Balancing these twin goals is an important principle of Indian federalism.
What are the factors that make the Indian federal government so attractive?
According to NCERT, the following factors make the Indian federal government attractive:
-
Distribution and mobilization of powers among center, state, and local governments: The document highlights that in India's federal system, powers are distributed and mobilized among the central, state, and local governments. This decentralization of power makes governance more effective at different levels.
-
Effective legal system and organized decision-making process: The document states that the "effective legal system and organized steps to make decisions makes the process transparent and more trustworthy." This refers to the constitutional framework, separation of powers, and institutional mechanisms that govern the functioning of India's federal system.
-
Accommodation of diversity: A key attraction of India's federalism is its ability to accommodate the country's tremendous regional, linguistic, cultural and ethnic diversity through power-sharing between the center and states/local bodies.
-
Promotion of unity: While allowing for diversity, Indian federalism also aims to "safeguard and promote the unity of the country", as mentioned in the document. The federal system helps bind India's vast diversity.
So in essence, the balanced division of powers, robust legal-institutional framework, accommodation of diversity while maintaining unity, and decentralized governance make India's federal model an attractive system of government.
What steps were taken to make India into a federation?
The following key steps were taken to make India into a federation:
-
Creation of Linguistic States: After independence in 1947, the boundaries of several old states were reorganized to ensure that people who spoke the same language lived in the same state. Some new states like Nagaland, Uttarakhand, and Jharkhand were also created to recognize differences based on culture, ethnicity, or geography. This helped unite the country while respecting diversity.
-
Decentralization of Power: In 1992, the Constitution was amended to create a third tier of local government bodies below the central and state governments. This decentralization of power was done because many local issues are better resolved at the local level. Steps taken for effective decentralization included:
- Making regular local body elections mandatory
- Reserving seats for SCs, STs, OBCs and women in local bodies
- Establishing State Election Commissions for local polls
- Devolving some powers and revenue from states to local bodies
-
Establishment of Local Governance Institutions: Panchayati Raj institutions were set up for villages and rural areas, while municipalities were established for cities and urban areas as part of the third tier of local self-governance.
-
Power-Sharing Between Center and States: The Constitution provided for division of powers through three lists - Union, State and Concurrent lists covering different subjects to be legislated upon by the center and states respectively.
What level of government can legislate on the residuary subjects?
India has a federal government and hence has its power divided between the state, central and local governments. The Union government has the power to legislate on the residuary subjects.