Federalism in the Indian Constitution

Federalism

• Federalism is a system of government that divides power between a central government and regional governments.
• Each level of government has its own sphere of autonomy.
• Some countries have a dual citizenship system, where citizens have loyalties to both the region and the nation.
• India has a single citizenship system.
• Power is divided among different levels/tiers of the government
• The details of this division are outlined in a written constitution that is considered supreme.
• The judiciary can resolve disputes between the central and state governments.

Federalism in the Indian Constitution

• A large nation like India needs a division of powers between different levels of government.
• The Indian Constitution, based on unity and cooperation between the Centre and the States, assigned separated powers.
• The key for the federal system in the Indian Constitution is cooperation between the Centre and states.
• The Constitution does recognize diversity but emphasizes unity.

Division of Powers

• The Indian Constitution creates two levels of government: the Union (central) government and the State governments.
• Each level has its own constitutional authority and specific areas of responsibility.
• The judicial branch is involved in dispute resolution if powers are challenged.
• The Constitution clearly defines subjects under the Union and State's exclusive domain.
• Notably, economic and financial powers are largely centralized under the Union government.

Constitution of India - Division of Powers

• Union List: Defence, Atomic Energy, Foreign Affairs, Banking, Railways.
• State List: Agriculture, Police, Prisons, Local Government, Public Health, Livestock and Animal Husbandry.
• Concurrent List: Education, Transfer of Property, Trade Unions, Forests.
• Residuary Powers: Powers not specifically mentioned in any of the above lists are the responsibility of the Union.

Federalism with a Strong Central Government

• The Indian Constitution established a strong central government.
• The framers of the Constitution sought a federal system accommodating diversity, but also strong central control to avoid disintegration.
• Socioeconomic issues like poverty, illiteracy, and wealth discrepancies necessitated a centralized approach for planning and coordination.

Provisions for a Strong Central Government

• The Parliament can form new states or alter the boundaries.
• Emergency provisions enable a highly centralized system during emergency periods.
• The Parliament is empowered to make laws on matters normally under the state's jurisdiction in an emergency.
• The central government holds significant financial power. States largely depend on financial aid from the Centre.

Role of Governors and President's Rule

• Governors are appointed by the central government and their actions can be seen as an interference in the functioning of State governments.
• Article 356 (President's Rule) allows for central government take over of State government operations if provisions of the Constitution are violated.
• President's rule can be extended up to three years.
• The Governor can recommend the dismissal of State governments, and/ or suspending or dissolving the state legislature.

Demands for New States

• The national movement aimed at creating states based on common cultural and linguistic factors.
• Reorganization of states occurred in 1956, leading to creation of linguistic states.
• Later reorganisation of states continued and new states were formed on basis of administrative efficiency and regional demands (e.g., Madhya Pradesh, Uttar Pradesh, and Bihar gave rise to several states in the 1980s-2000s).
• Telangana was created in 2014.

Inter-State Conflicts

• Disputes regarding territory and border lines occur between states.
• River water sharing and related agricultural and drinking water issues are significant sources of dispute.
• The dispute between the states of Maharashtra and Karnataka over Belgaum is a significant one.

Special Provisions

• The Constitution grants special provisions (e.g., Article 370) to some states due to specific social and historical circumstances.
• Certain states like those in the Northeast are given special consideration based on their distinct tribal identity and culture.
• States with particular challenges, especially hilly areas of India also receive special consideration and treatment from the constitution

Important Questions

• Defining Federalism, explaining its importance, and detailing its workings in India.
• Explaining the various lists of powers and residuary powers in India.
• Understanding how provision of a strong central government work in India.
• The roles of the Governor and the President's Rule,
• Explaining different kinds of autonomy demanded by states.
• Highlighting common inter-state disputes.
• Detailing Special provisions applicable to different states.