Federalism - Chapter - 2

 Federalism - Chapter - 2

What is Federalism?

Federalism is a system of government in which power is divided between a central authority and various levels of government (state, local, etc.).

• Both levels of government have their own powers and responsibilities.
• The central government cannot take away the powers of the state or local governments.

Key Features of Federalism

• Two or more levels of government – Example: In India, we have Central, State, and Local governments.
• Division of powers – The Constitution divides powers between different levels of government.
• Independent functioning – Each level of government has its own area of power and does not interfere with others.
• Written Constitution – Federalism requires a written constitution to clearly define the powers of each level.
• Supremacy of Constitution – The constitution is the final authority, and all governments must follow it.
• Independent Judiciary – Courts settle disputes between different levels of government.

Types of Federalism

Coming Together Federalism:

• Independent states come together to form a union and share power.
• Example: USA, Switzerland, Australia.

Holding Together Federalism:

• A large country divides power among different regions to maintain unity.
• Example: India, Belgium, Spain.

Federalism in India (What makes India federal country?)

India is a "Holding Together" federation where power is shared among three levels:

• Union Government (Central) – Makes decisions for the entire country.
• State Governments – Have their own laws on state subjects.
• Local Governments – Panchayati Raj and Municipalities govern local areas.
• Residuary  - Residuary powers refer to the powers to make laws on subjects that are not mentioned in the Union List, State List, or Concurrent List of the Constitution. These powers are given to the Central Government (Parliament) under Article 248 of the Indian Constitution.

Examples of Residuary Powers in India

Cyber Laws – The internet and digital crimes were not mentioned in 1950, so Parliament made laws like the Information Technology Act (2000).
Space Technology & Research – ISRO and space laws come under the central government.
Telecommunication – Mobile networks, satellites, and 5G technology regulations.
Nuclear Energy – India’s nuclear policies and power plants are controlled by the central government.

Division of Powers in the Indian Constitution

• Union List (Central Government) – Defense, foreign affairs, banking, railways.
• State List (State Governments) – Police, trade, agriculture, irrigation.
• Concurrent List (Both Central & State Governments) – Education, forests, marriage, trade unions.

Article 371: Special Provisions for Certain States

• Article 371 grants special status and autonomy to certain states to address their unique needs and protect their cultural and economic interests.

Example:

Article 371A (Nagaland): No parliamentary law on religion, land, and culture applies unless the state assembly agrees.

Why is Article 371 important?

It ensures the protection of local cultures, land rights, and political autonomy for states with unique social and economic conditions.

How is Federalism Practised? 

Federalism is practised in different ways to ensure the distribution of power between different levels of government. In India, federalism is implemented through constitutional provisions, power sharing, and decentralization.

1 - Linguistic and Cultural Federalism

• India allows states to have their own official languages (besides Hindi and English).
• States can protect their unique cultures through special autonomous provisions (Article 371).
• Example: Tamil Nadu promotes Tamil as its primary language, and Nagaland has special autonomy under Article 371A.

Language Policy of India

No National Language

• India does not have a national language.
• Hindi and English are the official languages of the central government.

Official Languages (Hindi & English)

• Hindi (written in Devanagari script) is the official language of India.
• English is used for official communication alongside Hindi.

State Languages

• States are free to choose their own official language(s).
• Many states use their regional languages for government work.
• Example: Tamil Nadu uses Tamil, West Bengal uses Bengali, and Maharashtra uses Marathi.

Three-Language Formula

• To promote linguistic harmony, schools follow the Three-Language Formula:
• Hindi (or a regional language in Hindi-speaking states)
• English
• A Modern Indian Language (like Tamil, Telugu, Bengali, etc.)

Protection of Minority Languages

• The Constitution (Article 29 and 30) protects the rights of linguistic minorities.
• States cannot impose a language on people against their will.

What are Centre-State Relations?

Centre-State relations refer to how power and responsibilities are divided between the Central Government and State Governments in a federal system like India.

1. Legislative Relations (Division of Powers)

The Constitution divides subjects into three lists:

• Union List (Central Government) – Defence, foreign affairs, banking, railways.
• State List (State Governments) – Police, trade, agriculture, irrigation.
• Concurrent List (Both Central & State Governments) – Education, forests, marriage, trade unions.

👉 If a conflict arises, the Central Government’s law prevails in the Concurrent List.

2. Administrative Relations (Control Over States)

• States have their own governments, but the Centre can give directions to states on certain matters.
• The Governor (appointed by the President) acts as a link between the Centre and the State.
• During a national emergency, the Central Government takes full control of the state governments.

3. Financial Relations (Distribution of Money)

• The Centre collects most of the taxes (GST, Income Tax) and distributes funds to the states.
• The Finance Commission decides how tax revenue is shared between the Centre and States.

Example: The Central Government gives grants and aid to states for development projects like roads, schools, and health services.

4. Political Relations (Governance and President’s Rule)

• If the state government does not function properly, the Centre can impose President’s Rule under Article 356.
• The Governor can dissolve the state government and allow the Centre to take direct control.

What is a Coalition Government?

A coalition government is formed when two or more political parties join together to form a government because no single party has won a majority in the elections.

Example: If a party needs 272 seats in the Lok Sabha to form the government but wins only 250 seats, it must join hands with other parties to reach the majority mark.

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