Federalism

Federal form of government :

In the federal form of government ,powers are divided between the
centre and the units that is state and local level
Federal government makes provision for separate legislatures and
executives for the units
The central government cannot order the state government to do
something the state government has its own power for which it is not
answerable to the central government
In some federations a citizen may have to obey two sets of laws that of
the central government as well of the unit where he lives
For examples in U.S.A a citizen has to obey the law of US government
as well as that of the state New York ,California or Texas
Unitary form of government :
There is concentration of power in the central government
A unitary government provides for a sovereign central legislature
The government can pass orders to the provincial or local government
In unitary government usually a uniform law prevails throughout the
entire country Example : north korea,china
Federalism: it is a system of government in which the power is divided
between a central authority and various constituents units of the country
Features of federalism
1.There are two or more levels of government
2.Differernt level of the government governs the same citizens, but each tier
has its own jurisdiction in specific matter of legislation, taxation and
administration
3.The jurisdiction of the different level of the government are mentioned in the
constitution so the existence of each level of the government is
constitutionally guaranteed
4.The fundamental provision of the constitution cannot be unilaterally changed
by one level of the government such changes require the consent of both
the level of the government .
5. Court has the power to interpret the constitution and the power of different
levels of the government, if there is dispute among the different t level of
the government the highest court act as an umpire
6. Sources of revenue of each level of government are clearly specified to
ensure its financial autonomy.
7.The federal system has dual objectives : to safeguard and promote unity of
the country at the same time accommodate social diversity
The balance of power between the central and the state government
varies from one federation to another federation.
Coming together federation:
It involves independent states coming together on their own to
form a bigger unit.
Individual units try to increase their security by pooling sovereignty
and retaining identity.
In this all the constituent units usually have equal power and are
strong vis-à-vis the federal government
USA ,Switzerland and Australia
Holding together federation:
In this system the large country decides to divide its power between
its constituent states and national government .
The central government tends to be more powerful vis-à-vis the
state government
some time constituents units have unequal power for example In
India ,union territory
Example : India ,Spain, Belgium
How are the responsibility and function divided between the different tiers of
government in India.
The constitution of india has identified the different areas of activities of
government .These different areas have been divided into three lists
1.Union list:It includes all those subjects that are of national importance
that is of common interest of all the citizens throughout the country
Example : National defence ,currency ,banking ,communication etc
These are in the union list because we need to formulate and follow one
common policy relating to these subjects throughout the country.
Only the central government is competent to frame laws relating to
these areas.
2.State list: This list includes all those subjects that are of state and
local importance that is the prevalent situation relating to these
subjects differs from state to state.
Examples : Law and order ,domestic trade ,agriculture ,irrigation etc
Each state will have a different policy relating to these subjects
State government are competent to frame laws relating to these laws
3.Concurrent list: This list includes subjects of common
interest to both the union government as well as the
state government that is those subjets which affects
both the citizen of the country as a whole as well as the
citizen of a state.
Example : Education ,forest, trade union etc
Both the central and state government are competent to
frame the laws on these subjects
But in case their laws conflicts with each other ,the law
made by the central government will prevail
‘Residuary 'subjects: There may be some subjects that
may not appear in any of the above three list .These are
called residuary subjects .Only central government has
the right to frame laws relating to the residuary
subjects.
argument which shows that central government is more
powerful than the state government
1.There are certain subjects on which both the central and the
state government can frame the law but if there is any
conflicts between the two set of law ,then the central law will
prevail over the state law
2.Union list contain more subjects, and regarding concurring list
centre has been given more power
3.In federation the citizen are normally granted dual citizenship
for example in USA beside being the citizen of united state
,every person is a citizen of a particular state also in which he
resides but in India there is a single citizenship
4 Emergency provision of Indian constitution are a unique
feature not found in any other constitution during emergency
some of the federal features are suspended and the
government assumes a unitary form
Do all the state enjoy equal power: Indian federal
system does not give the same powers to all the
constituents state. Some state granted more power.
Article 371 gives special status to Assam,
Nagaland,Arunachal Pradesh and Mizoram
The special power are especially enjoyed in relation to
the protection of land rights of indigenous peoples,
their culture and also preferential employment in
government services .Indian who are not permanent
residents of this state cannot buy land or house here.
There are some areas in country which could not be
merged with any linguistic state When the state were
reorganized in 1956.These are relatively small in size
.These are directly governed by the centre. These are
called Union Territory,they do not have the power of
state
Can the existing power sharing arrangement be
changed in India
Indian constitution is not rigid ;It is very flexible in
nature Any proposal for change can get
implemented after it successfully passes through
the following processes
The bill to this effect is introduced in the parliament
Both the House of parliament approved it with at
least two-third majority
Finally ,it is to be ratified by the legislature of at leastr
half of the total states
Mention ways in which federalism has been strengthened in India
Constitutional provision are necessary but not sufficient The real success of
federalism in India can be attribute to the nature of democratic politics in
our country
1.Setting up of linguistic state: If we see the map there are many changes
after 1947.Many new state were formed on the basis of language ,for
example Jharkhand, Uttrakhand, Telangana ,many leader feels that it will
disintegrate the country but it has made the country more united and
better administration
2.Language policy: second test is language policy
Our constitution doesn’t give any special status of national language to any
one language
As Hindi is the mother tongue of only 40 percent of Indians ,it was identified
as the official language but it is not necessary that other state will have to
adopt this language as official language
Beside hindi21 other language were recognized as scheduled language
A candidate who is appearing in central government positions can opt to take
examination in any of these language . According to the constitution the use
of English language as an official language should be stopped after 1965 but
many states objects and continued with English along with Hindi.
Promotion of Hindi continues to be the official policy of the government of
India
Restructuring of centre-state relations:
These have been changed from time to time in response to the
changing needs of the situation
We have mentioned the powers have divided between centre
and state, But it depend on the attitude and approach of the
ruling party and leader as to how do they follow or regard
these arrangement
Who so ever remains at the centre tried to undermine the
power at the state level ,the central government misuse the
power t dismiss the state government ,as they were ruled by
the rivalry party this undermine the spirit of federalism
After 1990 changes occurs, there is rise of regional party we
entered in era of coalition government ,this give rise to a new
phenomenon which gave birth to a new culture of power
sharing as well as respect for the autonomy of state
government
A judgment of the supreme court gave strength to this trend, as
it made it difficult for the central government to dismiss state
government in an arbitrary manner .
• DECENTRALISATION
When some powers of the centre and states are given to local
government it is termed as decentralization
Advantages :
1. Local people know the local problem better
2. It will increase the direct participation of people
3. The local institutions provide people the training for
administration at higher levels ,thus it serves as foundation
of democracy
4. The local government take up some of the responsibilities of
the central and state government thus share some burdens
and allows them to concentrate on matters of state
importance and national importance
5. A local government is closest to common people It is
convenient for the local people to appraoch the local
authorities
1992,parliament passed 73rd amendment referred to rural local
government or panchayati raj system and 74th constitutional
amendment for urban local government (Nagarpalikas) which is a
major step toward decentralization
1.Panchayati raj system has three levels so It is constitutionally
mandatory to hold regular election to local government bodies
2.The term is 5 year but if it dissolved before 5 year then fresh election
within 6 month.
3.Seats are reserved in all these elected bodies for SCs and STs and
OBCs
4.At least one-third position are reserved for women
5. An independent State Election Commission has been created in
each state to conduct panchayat and municipal election
6.29 subject ,which were earlier in the state list of subjects ,have been
transferred to the panchayati raj institution by the 11th schedule of the
constitution
7.The state government are required to share some power and
revenue with local government bodies ,It may vary from state to state
8.A state finance commission examine every five years the financial
position of the local government in the state
 RURAL LOCAL BODIES

Village Panchayat Block samiti/ Zila Parishad

Panchayat Samiti
Village panchayat : At the village level there are two bodies (a)Gram
sabha :It is the generall assembly of the village include all adult at
least 18 years of age. The gram sabha elect the gram pradhan
(sarpanch),meets twice in a year ,discuss major problem .
(b)Gram panchayat: For the purpose of the election the village is
divided into various wards . The members are elected by the gram
sabha.It is a small committee of 7 to 30 members ,seats are
reserved for SC ,ST and OBC and also for women's
Block samiti /panchayat samiti: It is the second tier of panchayati raj.
A block or panchayat consists of several villages, It supervise the
Gram panchayat .A few gram panchayat grouped together to form
a panchayat samiti, The members are indirectly elected by the
panchs and sarpanchs of the village panchayat within the block.
In Uttarpradesh it is known as kshetra samiti, in MP it is known as
janpad samiti and in Gujarat as taluka panchayat
Zila parishad : It is the highest body of the panchayati
Raj system .All the panchayat samitis ,blocks or
mandals in a district together constitute the Zila
parishad .It coordinate the activities of various
panchayats or block samitis
Urban local bodies:
Municipalities are set up in town where as in big cities
are constituted into municipal corporation . Both
are controlled by elected body the political head of
municipality is the Municipal chairperson whereas
in municipal corporation such an officer are know
as mayor
Now 36 lakh elected representative in the panchayat
and municipalities all over the country