Understanding Federalism in India

Introduction to Federalism

• Political maps of India have changed dramatically between 1947 and 2017.
• State boundaries, names, and number have been reorganized since India's independence.
• Post-independence, princely states merged with the Indian Union, joining existing provinces.
• State names and boundaries changed based on people's wishes; for example, Mysore became Karnataka and Madras became Tamil Nadu.
• Such changes show federalism in India.

Key Concepts to Understand

• Federalism
• Federal provisions in the Indian Constitution
• Issues in centre-state relations
• Special provisions for states with unique compositions and historical features

What is Federalism?

• The USSR broke up after 1989 due to excessive centralization, Russian domination, and independent languages/cultures e.g. Uzbekistan.
• Czechoslovakia, Yugoslavia, and Pakistan also faced division.
• Canada nearly broke up between English and French-speaking regions.
• India remained united after 1947, due to its federal governance structure.
• Federalism includes both adopting a federal constitution, and the nature/practice of the federal system.

Federalism in West Indies

• The West Indies was colonized by the British
• The Federation of West Indies was formed in 1958.
• It had a weak central government and independent economies for each unit.
• The federation dissolved in 1962 due to these features and political competition.
• In 1973, the Treaty of Chiguaramas established joint authorities, like a common legislature, supreme court, currency, and a common market known as the Caribbean Community.
• The Caribbean Community has a executive.

Federalism in the Indian Context

• India has continental proportions and immense diversities with many languages, religions, and indigenous peoples.
• India shares a common landmass and history, leading to "unity in diversity" and a shared fight for Independence.
• Federalism in India isn't based on fixed principles, but has evolved differently over time.
• American, German, and Indian federalism differ.
• Federalism accommodates two sets of polities - regional and national, each with autonomy.
• India has single citizenship.
• Citizens have regional and national identities, e.g., Gujarati and Indian.
• Each level has distinct powers, responsibilities, and a separate government.

Written Constitution and Division of Powers

• A written constitution spells out the dual system, is considered supreme, and the source of power for both levels of government.
• Defence and currency are responsibilities of the union/central government.
• Regional matters handled by state governments.
• An independent judiciary settles disputes.
• Culture, politics, ideology, and history determine how a federation works.
• Trust, cooperation, mutual respect, and restraint aid smooth functioning.
• Political party dynamics influence how a constitution works.
• If one unit dominates, resentment and secession demands may arise.

Federalism in Nigeria

• Federal arrangements can fail if trust is lacking among communities/regions.
• Pre-1914, Northern and Southern Nigeria were separate British colonies.
• In 1950, leaders aimed to form a federal constitution.
• Three major ethnic groups (Yoruba, Ibo, Hausa-Fulani) controlled different regions.
• The attempt by each of the groups to spread power led to conflict and a military regime.
• In 1960 both federal and regional governments jointly controlled the police force.
• A 1979 military-supervised constitution banned state civil police.
• Despite democracy restoration in 1999, conflicts persist over oil revenue control and religious differences
• Ethnic communities resist centralized resource control.

Federalism in the Indian Constitution

• National leaders knew power division between provinces and the central government was needed.
• Awareness of regional and linguistic diversity existed.
• Unity and diversity were both emphasized in the Indian Constitution.
• People of different regions and languages must share power and govern themselves.
• A compromise considered giving large powers to regions due to Muslim League agitation pre-Partition.
• The Constituent Assembly decided on unity, cooperation, and State powers after the decision to partition.
• Relations between States and the centre are based on cooperation.
• The Constitution does not mention "federation".
• Article 1(1) states "India, that is Bharat, shall be a Union of States."

Division of Powers in India

• There are two sets of governments: union (central) and state.
• Both have identified areas of activity and constitutional status.
• The Judiciary resolves disputes based on constitutional provisions.
• The Constitution clearly demarcates union and state subjects.
• Economic and financial powers are centralized at the Union level.
• States have immense responsibilities but meagre revenue streams.

Strong Central Government

• The Indian Constitution created a strong central government.
• India has continental dimensions, immense diversities, and social problems.
• Framers wanted a federal constitution accommodating diversities.
• They aimed to create a strong centre to prevent disintegration and bring about social/political change.
• The centre needed such powers because, at independence, the country was divided into British provinces and over 500 princely states.
• Parliament has supreme power over state boundaries and names, including forming new states and altering existing ones.
• The Constitution can turn federal polity into a centralized system during emergencies.
• The central government has financial power
• Revenue-generating items are centrally controlled.
• The states mostly rely on central grants and financial aid.
• Economic decision-making is centralized through planning.
• The Planning Commission controls states.
• The Union government uses its discretion in giving grants/loans.
• Governors have powers to recommend state government dismissal or assembly dissolution.
• A governor can reserve a bill passed by the State legislature for presidential approval.
• Executive powers of the centre are superior to those of the States.
• All-India services (IAS, IPS) serve in states but are controlled by the central government

Conflicts in India's Federal System

• Indian constitution recognises the identity of regions, whilst vesting strong power to the centre
• The States naturally seek a greater roles in governance, causing tensions and various demands.
• Autonomy is sought by states that can be resolved through negotiations.

Centre-State Relations

• Politics provides the details to the constitutional framework for federalism

Evolution of Federalism

• The foundation of federalism was laid in the 1950s and early 1960s under Jawaharlal Nehru.
• Congress dominance at the centre and in the States made relations normal, except for the issue of forming new States.
• States hoped to progress with central grants-in-aid.
• Congress dominance declined mid-1960s, with opposition parties came to power in States, resulting in demands for greater autonomy.
• State governments protested against Congress interference.
• Since the 1990s, coalition politics has led to a greater say for the States and respect for diversity.

Demands for Autonomy

• States and parties from time to time demand that they have more autonomy vis-à-vis the central government.
• Demands expect the division of powers should be changed
• States should have independent revenue via financial autonomy.
• The Left Front Government in West Bengal and Tamil Nadu offered support for idea of financial powers.
• Autonomy demands administrative powers of the States with States resenting the centrals control.
• Demands relate to cultural and linguistic issues like not dominating of Hindi.

Role of Governors and President's Rule

• The role of Governors is often a controversial issue due to interference over central government and state functioning
• Sarkaria Commission (1983-1988) suggested that appointments of Governors should be non-partisan.
• Article 356 constitutionally allows President's rule in any State when its government cannot be carried out.
• Parliament has to ratify President's proclamation and can be extended to 3 years.
• This can lead to conflicts and some state governments have been wrongly dismissed.

Demands for New States

• A dimension of tension has been demanded to create new States where the movement also created a pan nation and distinct around a common language
• Constitutionally states would be created on the basis of cultural and linguistic identity where led to to creation of linguistic states.

Linguistic States and Interstate Conflicts

• The States Reorganisation Commission was established in December 1953.
• The commission Recommended to create linguistic states for the major linguistic groups where reorganisation of some states took place.
• There were many instances of disputes between States is it be a small or large dispute.
• The disputes are more disputes of a legal nature but there are some disputes with a politically implication which can be resolved through legal means.

Border and River Disputes

• recurring disputes, border claims of the states often involve territories belonging to their neighbors.
• Long standing border disputes occur such as the dispute between the states and Haryana from Punjab
• Rivers which serve as an important resources tests the the cooperative nature between states.

Special Provisions & Jammu and Kashmir

• States get differential treatment via the power of the federal arrangement set by the Constitution.
• Asymmetrical representation is provided to Rajya Sabha due to the different population size.
• The State of Jammu and Kashmir (J&K) (Art. 370) had a special status when it had the option of remaining independent.
• Under the Constitution a Muslim area was given greater autonomy due to its special circumstances
• Under the Constitution a special status was given for government to specify which parts of the Union through and concurrent List.
• Union Territories of (i) Jammu and Kashmir and (ii) Ladakh are under the new arrangement from in 2019

Rainbow Federalism

• Federalism is metaphorically described as a rainbow, with each distinct color contributing to a harmonious pattern.
• Federalism requires continuous balancing of the center and states.
• Legal formulas is required for smooth functioning of a federal polity
• Mutual trust, toleration, cooperation are aspects of value and virtue.
• National unity should not come from streaming by differences and should come from A responsive polity
• The article 1 to 5 Belgium article can be implemented into the federal structure

Explore India's federal system, its evolution since 1947, and key constitutional provisions. Understand center-state relations, state reorganization, and special provisions for unique regions. Examples from other countries highlight the importance of federalism.