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NAME: SHAKTHI BHARATHEE.

COLLEGE: VIT SCHOOL OF LAW, CHENNAI

REGISTRATION NUMBER: 21BLB1024

CONTACT NUMBER: 9962002206

CONTACT EMAIL ID: shakthibharathee.s2021@vitstudent.ac.in

Is federalism an essential part of Indian


democracy?

Federalism, in simple terms, describes the principle of sharing of power between the
central government and the state government. It is a crucial component of democracy in a
country like India, where there is a vast indication of a diverse cultures, religions, and
languages. This paper will explore on the significance of federalism in such Indian
democracy.

In India, the government follows a federal system where the authority is distributed
between the central and state governments as per the guidelines mentioned in the
Constitution. The Constitution also outlines the roles and responsibilities of each level of
government. Additionally, India has a two-chambered legislative body known as the
bicameral legislature, comprising the Lok Sabha (the House of the People) and the Rajya
Sabha (the Council of States). While the Lok Sabha members are elected by the citizens,
the members of the Rajya Sabha are chosen by the state legislatures.
Federalism offers a significant benefit of preventing the concentration of power in the
hands of an individual or institution. In a federal system, power is shared between the
central government and state governments, with each having distinct responsibilities and
is regulated by checks and balances, preventing any single institution or person from
becoming excessively dominant. Another advantage of federalism is that it facilitates the
representation of diverse cultural and linguistic identities. This is critical in sustaining the
social harmony and preventing the marginalisation of minority communities. Federalism
also offers the benefit of enabling experimentation and innovation, as states are granted
the liberty to try out policies and programs that are customised to cater to the unique
requirements of their citizens. This can result in the formation of effective approaches
that can be implemented by other states and the federal government. Additionally, it
permits the detection and resolution of issues at the local level that may not be apparent
to the central government. Another benefit of federalism is that it enhances accountability
and receptiveness. In a federal structure, the state administrations are responsible to their
respective states' citizens. As a result, they are more likely to be sensitive to their
constituents' requirements and to execute policies and programs that are beneficial to
their people.

Although federalism has several benefits, it also presents certain challenges. One of these
challenges is the possibility of dividing the country. In a federal system, states have the
ability to pursue their own interests, which could result in conflicts between state and
central governments, as well as between states. For instance, disputes may arise over the
allocation of resources. Moreover, differences in policies and laws between states may
cause conflicts such as border disputes or varying standards of living. Moreover, there is
a risk that some states may prioritize their own interests over those of the entire country,
which may lead to a loss of national unity. Another potential issue in federalism is the
possibility of redundant resources and efforts. Since states are permitted to experiment
with their own policies and programs, there is a risk that they may end up replicating the
efforts of other states or the federal government. This could result in ineffective
utilisation of resources and suboptimal outcomes. For instance, several states may
introduce their own variations of a specific program, such as healthcare or education,
without coordinating with other states or the federal government. This may lead to
duplication of efforts, with resources being squandered on unnecessary programs rather
than being used efficiently to address the requirements of citizens. Additionally, the
absence of synchronisation among states could cause inconsistencies in policies and
standards, making it challenging for citizens to navigate different state systems. This
could lead to confusion and frustration, which could ultimately undermine the
effectiveness of federalism as a system of governance. Therefore, it is crucial for federal
systems to maintain a balance between allowing for state autonomy and ensuring efficient
coordination and cooperation among all levels of government.

In India, despite the difficulties that come with federalism, it remains a crucial
component of the country's democratic system. The Indian Constitution plays a
significant role in ensuring effective federal governance. Tracing through the history,
federalism finds its strong roots in the case of Hargovind Pant vs Raghukul Tilak &
others (1979), where the the court interpreted the role of the governor as an independent
constitutional office that is not under the control of the Indian government. This ruling
emphasised the federal nature of the Indian system and upheld the autonomy of the
governor's office. In another landmark case of Keshavananda Bharti vs Union of India
in 1973, the Supreme Court established federalism as a fundamental part of the Indian
constitution, which cannot be altered by the parliament's amending power. This decision
recognized federalism as a basic structure of the Indian constitutional framework,
highlighting its importance in the governance of the country. The same view was
reinforced in the Minerva Mills vs. Union of India case in 1980. These cases mark the
presence and importance of federalism in the facets of the Indian system.

To sum up, federalism plays a cardinal role in the Indian democratic system by
preventing the concentration of power in a single authority and facilitating the
representation of various cultural and linguistic diversities. It also encourages innovation,
accountability, and responsiveness. Despite the difficulties linked with federalism,
effective coordination and cooperation between the central and state governments can
resolve them and yield boundless benefits to the individual states as well as the country
as a whole. Therefore, it can be derived from the above discussion that federalism is
indeed an essential part of the Indian democracy.

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