Summary

This document covers the concept of federalism, its application in the Indian Constitution, the division of powers, and related important aspects. It includes a discussion of the strong central government in India and notable examples of special provisions and the resultant conflicts. It's structured as a series of notes covering the different aspects of the topic.

Full Transcript

Class 11 Political Science Ch-7 Federalism BY :- RENAISSANCE 2.0 – NEW DAWN OF EDUCATION What Is Federalism?  Federalism is an institutional mechanism to accommodate two sets of polities—one at the regional level and the other at the national level. Each government is autonomous in its...

Class 11 Political Science Ch-7 Federalism BY :- RENAISSANCE 2.0 – NEW DAWN OF EDUCATION What Is Federalism?  Federalism is an institutional mechanism to accommodate two sets of polities—one at the regional level and the other at the national level. Each government is autonomous in its own sphere.  In some federal countries, there is even a system of dual citizenship. India has only a single citizenship.  The people likewise, have two sets of identities and loyalties—they belong to the region as well as the nation. Each level of the polity has distinct powers and responsibilities and has a separate system of government.  The details of this dual system of government are generally spelt out in a written constitution, which is considered to be supreme and which is also the source of the power of both sets of government.  Renaissance To prevent conflicts between the Centre and the State, 2.0 there is an independent judiciary to settle disputes. New Dawn of Education Federalism In Indian Constitution  To govern a large country like ours, it would be necessary to divide the powers between provinces and the central government.  Once the decision to partition India was taken, the Constituent Assembly decided to frame a government that would be based on the principles of unity and cooperation between the Centre and the States and separate powers to the States.  The most important feature of the federal system adopted by the Indian Constitution is the principle that relations between the States and the Centre would be based on cooperation. Thus, while recognizing diversity, the Constitution emphasized unity. Renaissance 2.0 New Dawn of Education Division Of Powers  There are two sets of government created by the Indian Constitution: one for the entire nation called the union government (central government) and one for each unit or State called the State government.  Both of these have a constitutional status and clearly identified area of activity. If there is any dispute about which powers come under the control of the union and which under the States, this can be resolved by the Judiciary on the basis of the constitutional provisions.  The Constitution clearly demarcates subjects, which are under the exclusive domain of the Union and those under the States.  One of the important aspects of this division of powers is that economic and financial powers are centralized in the hands of the central government by the Constitution. Renaissance 2.0 New Dawn of Education Division Of Powers Federalism With A Strong Central Government  Indian Constitution has created a strong central government.  The framers of the Constitution believed that we required a federal constitution that would accommodate diversities. But they also wanted to create a strong Centre to stem disintegration and bring about social and political change.  Besides the concern for unity, the makers of the Constitution also believed that the socio-economic problems of the country needed to be handled by a strong central government in cooperation with the States. Poverty, illiteracy and inequalities of wealth were some of the problems that required planning and coordination. Renaissance 2.0 New Dawn of Education Provisions That Create A Strong Central Government  The Parliament is empowered to ‘form a new State by separation of territory from any State or by uniting two or more States…’. It can also alter the boundary of any State or even its name.  The Constitution has certain very powerful emergency provisions, which can turn our federal polity into a highly centralized system once emergency is declared.  During an emergency, power becomes lawfully centralized. Parliament also assumes the power to make laws on subjects within the jurisdiction of the States.  Items generating revenue are under the control of the central government. Thus, the central government has many revenue sources and the States are mostly dependent on the grants and financial assistance from the Centre. Renaissance 2.0 New Dawn of Education  The Governor has the power to reserve a bill passed by the State legislature, for the assent of the President. This gives the central government an opportunity to delay the State legislation and also to examine such bills and veto them completely.  There may be occasions when the situation may demand that the central government needs to legislate on matters from the State list. This is possible if the move is ratified by the Rajya Sabha. The Constitution clearly states that executive powers of the Centre are superior to the executive powers of the States.  An IAS officer who becomes the collector or an IPS officer who serves as the Commissioner of Police, are under the control of the central government. States cannot take disciplinary action nor can they remove these officers from service.  Articles 33 and 34 authorize the Parliament to protect persons in the service of the union or a state in respect of any action taken by them during martial law to maintain or restore order. This provisions further strengthens the powersRenaissance 2.0 of the union government. The Armed Forces Special Powers Act has been madeNew on theDawn of Education basis of these provisions. Conflict In India’s Federal System (Demands For Autonomy)  Sometimes, these demands expect that the division of powers should be changed in favor of the States and more powers and important powers be assigned to the States.  Another demand is that States should have independent sources of revenue and greater control over the resources. This is also known as financial autonomy.  The third aspect of the autonomy demands relates to administrative powers of the States. States resent the control of the Centre over the administrative machinery.  Fourthly, autonomy demands may also be related to cultural and linguistic issues. The opposition to the domination of Hindi (in Tamil Nadu) or demand for advancing the Punjabi language and culture are instances of this. Renaissance 2.0 New Dawn of Education Role Of Governors & President’s Rule  The Governor is not an elected office holder. Besides, the Governor is appointed by the central government and therefore, actions of the Governor are often viewed as interference by the Central government in the functioning of the State government.  One of the most controversial articles in the Constitution is Article 356, which provides for President’s rule in any State. This provision is to be applied, when ‘a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution.’  It results in the takeover of the State government by the Union government.  President’s rule can be extended till three years.  The Governor has the power to recommend the dismissal of the State government and suspension or dissolution of State assembly. This has led to many conflicts Renaissance 2.0 New Dawn of Education Demands For New States  In the course of the national movement itself, it was decided that as far as possible, States would be created on the basis of common cultural and linguistic identity.  In 1956, reorganization of some States took place. This saw the beginning of the creation of linguistic States and the process is still continuing.  Gujarat and Maharashtra were created in 1960; Punjab and Haryana were separated from each other in 1966. Later, the north-east region was reorganized and several new States were created like, Meghalaya, Manipur or Arunachal Pradesh.  In the 1990s, some of the larger States were further divided both to meet the demands for a separate State as well as to meet the need for greater administrative efficiency.  Bihar, UP, and Madhya Pradesh were divided to create three new States. They are: Jharkhand, Uttaranchal and Chhattisgarh respectively.  Renaissance 2.0 In 2014, Telangana was created by reorganizing Andhra Pradesh. New Dawn of Education Inter-State Conflicts  Broadly, two types of disputes keep recurring.  One is the border dispute. States have certain claims over territories belonging to neighboring States.  One of the longstanding border disputes is the dispute between Maharashtra and Karnataka over the city of Belgaum. Manipur and Nagaland too, have a long-standing border dispute.  While border disputes are more about sentiment, the disputes over the sharing of river waters are even more serious, because they are related to problems of drinking water and agriculture in the concerned States. Renaissance 2.0 New Dawn of Education Special Provisions  Constitution has some special provisions for some States given their peculiar social and historical circumstances.  Most of the special provisions pertain to the north eastern States (Assam, Nagaland, Arunachal Pradesh, Mizoram, etc.) largely due to a sizeable indigenous tribal population with a distinct history and culture, which they wish to retain (Art 371).  Special provisions also exist for hilly States like Himachal Pradesh and some other States like Andhra Pradesh, Goa, Gujarat, Maharashtra and Sikkim. #Art 370 which gave Jammu & Kashmir a special status has been lifted and the statehood of J&K has also been withdrawn. Renaissance 2.0 New Dawn of Education Important Questions 1. What is federalism? And what are the key concepts or features of federalism? 2. Why is federalism needed in India? 3. Explain division of power in India with the help of 3 lists. 4. What are residuary powers and who has the power to legislate on them? 5. Explain the provisions that create a strong central government in India. 6. Explain the role of Governor and President’s rule. 7. From time to time, states have demanded more autonomy. What kind of autonomies have they demanded? 8. Which type of disputes keep occurring between Centre and States? 9. Why are many states unhappy about the role of Governor? Renaissance 2.0 New Dawn of Education 10. What kind of special provisions have been created in our Constitution? Until Next Time…

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