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• The chapter discusses federalism in India, focusing on its structure, provisions, and the relations between the central government and the states.
• The evolution of states since 1947 demonstrates the functioning of federalism in India.

Introduction to Federalism

• India's political maps have undergone dramatic changes since 1947, with altered state boundaries, names, and numbers.
• The British organized provinces for administrative convenience, with princely states merging into the Indian union after independence.
• State boundaries have been reorganized, and names changed based on the wishes of the people.
• The transition from Mysore to Karnataka and Madras to Tamil Nadu reflects federalism in India.

Understanding Federalism

• Examining the factors that contribute to a nation's unity, referencing the break-up of the USSR due to excessive centralization and dominance.
• Other countries, such as Czechoslovakia, Yugoslavia, and Pakistan, have also faced division.
• Canada nearly broke up due to tensions between English-speaking and French-speaking regions.
• The success of India in maintaining unity after 1947 is a notable achievement.
• Federalism is an important factor for maintaining Indian unity.

Conceptualizing Federalism in India

• India unites continental proportions, immense diversities, and various languages and religions.
• Despite diversities, a shared land mass and common history bind the nation together, visualized as "unity in diversity".
• Federalism in India adapts to historical situations, differing from American or German models.
• Federalism is an institutional mechanism accommodating regional and national polities, ensuring regional autonomy.
• Indian federalism entails a single citizenship, with people having regional and national identities.
• Each level of government possesses distinct powers, responsibilities, and a separate system of governance.
• A written constitution defines the dual system, with the national government responsible for subjects like defense and currency.
• Regional governments manage regional or state matters.
• An independent judiciary resolves conflicts between the central and state governments with powers to settle disputes and enforce power division.
• Real politics, culture, ideology, and history shape the operation of a federation,requiring mutual respect, cooperation, and restraint.
• Domination by a single unit can generate resentment and demands for secession, potentially leading to civil wars.

Federalism in Nigeria

• The failure of federal arrangement in Nigeria is instructive in the absence of trust.
• Northern and Southern Nigeria were separate British colonies until 1914.
• In 1950, Nigerian leaders formed a federal constitution, with three major ethnic groups controlling different regions.
• Attempts to spread influence led to conflict and a military regime.
• In the 1960 constitution, federal and regional governments jointly controlled the Nigerian police.
• The 1979 military-supervised constitution prohibited state police forces.
• Democracy was restored in 1999, but oil resource conflicts persist.
• Local ethnic communities resist central control of oil resources, highlighting religious, ethnic, and economic divisions.

Federalism in the Indian Constitution

• National leaders aimed to divide powers between provinces and the central government, recognizing regional and linguistic diversity.
• Power sharing was logical for a democratic government but the extent of powers for regional governments was the question.
• The Constituent Assembly aimed for unity, cooperation, and separate state powers after the partition decision.
• The Indian Constitution emphasizes cooperation between states and the center while recognizing diversity, and doesn't even mention the word federation.
• India is named a "Union of States" as specified in the First Schedule.

Division of Powers

• The Indian Constitution establishes a union government for the nation and state governments for each unit, both with constitutional status.
• Disputes over powers are resolved by the Judiciary based on constitutional provisions.
• The Constitution demarcates subjects under Union and State domain.
• Economic and financial powers are centralized, while states have immense responsibilities but limited revenue sources.

Strong Central Government

• The Indian Constitution creates a strong central government for dealing with diversity, and social problems.
• It was necessary to avoid disintegration, and integrate the princely states.
• Socio-economic challenges require a robust central government.
• The Parliament can alter state boundaries or names, with safeguards for State legislature views.
• Emergency provisions centralize power, allowing Parliament to legislate on State subjects.
• The central government controls revenue sources, making States dependent on grants and financial assistance.
• Planning led to centralized economic decision-making with the Planning Commission managing State resources.
• The Union government has discretion in giving grants, which can lead to discrimination charges.
• The Governor can recommend dismissal of the State government and has the power to reserve State bills.
• The Rajya Sabha can ratify central government legislation on State list matters.
• The center's executive powers are superior and the central government can instruct states.
• IAS and IPS officers serve in States but are under central government control, with States unable to take disciplinary action.
• Articles 33 and 34 authorize Parliament to protect Union or State service members during martial law.

Conflicts in India's Federal System

• The Constitution vests strong powers in the center while recognizing regional identity.
• States expect greater roles and powers, leading to demands for autonomy and potential tensions.
• Legal disputes can be resolved by the judiciary, while autonomy demands require negotiation.
• Federalism has been influenced by evolving political processes.
• Jawaharlal Nehru laid the foundation of Indian federalism during Congress dominance in the 1950s and early 1960s, and center-state relations remained normal.
• State autonomy demands grew in the mid-1960s as Congress dominance declined and opposition parties gained power.
• The 1990s emergence of coalition politics has led to greater state involvement in the government,.

Demands for Autonomy

• Autonomy varies for different States and parties, involving altered power division favoring States. Many States and Parties have demanded autonomy from time to time.
• States seek independent revenue sources, known as financial autonomy through demands related to greater financial powers.
• States seek financial autonomy and administrative power and resent central control over administration.
• Autonomy demands also involve linguistic issues resisting Hindi domination and promoting regional languages.

Role of Governors and President's Rule

• The role of Governors has always been a controversial issue.
• Governors are appointed by the central government, actions are viewed as interference, and Sarkaria Commission wanted non-partisan appointees.
• Article 356 grants President's Rule in any State, and it can be extended till three years.
• The Governor can recommend dismissal and suspension of the State assembly which has led to many conflicts.
• Supreme Court can examine the constitutional validity, which have led to many conflicts.

Demands for New States

• Tension has been seen in the federal system by the demand to create new states.
• The national movement also created unity around region, culture, and language.
• The reorganisation of States was based on linguistic and cultural identity as far as possible.
• In December 1953, the States Reorganisation Commission was set up and they recommended linguistic States.
• Gujarat and Maharashtra in 1960, Punjab and Haryana in 1966 are examples of linguistic states continuing to be created.

Interstate Conflicts

• States dispute autonomy, revenue, and resources disputes, judiciary serves as arbitration, but disputes entail political implications.
• Border disputes are common.
• The Maharashtra-Karnataka dispute over Belgaum and Punjab-Haryana dispute over Chandigarh persist.
• Disputes over river water sharing like the disputes in the Narmada river test the patience and coorperative spirit of various States.

Special Provisions

• India gives differential treatment with asymmetric representation in Rajya Sabha.
• The northeastern and other states are given special considerations due to historical and social situation.
• Article 370 gives J&K special status. Although smaller than before.

Conclusion

• Federalism should attempt to achieve the difficult balance between the centre and states. The key is in the political process and tolerance.
• Federalism should promote diversity, and unity is not best achieved when streamlining differences.
• Cooperation, autonomy, and sensitivity can be the basis for a cooperative federation.