Class 11 political science chapter 7 Federalism notes

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Federalism

Introduction to Federalism

Federalism is an institutional mechanism that accommodates two levels of government—regional and national—where each is autonomous in its own sphere. It ensures a division of powers and responsibilities between different levels of governance, maintaining a balance to prevent conflicts and ensure cooperation.

Lessons from History: The Fall of Federations

Several federations in history have failed due to excessive centralization, lack of cultural accommodation, or political conflicts.

• USSR: One of the world's superpowers, the USSR disintegrated in 1989 due to excessive centralization, Russian dominance, and disregard for linguistic and cultural diversities, as seen in Uzbekistan.
• Czechoslovakia & Yugoslavia: These federations broke up due to ethnic tensions and political divisions.
• Pakistan: The separation of East Pakistan (now Bangladesh) in 1971 was due to cultural and political marginalization by West Pakistan.
• Canada: Almost faced a breakup between its English-speaking and French-speaking regions, highlighting the importance of linguistic and cultural autonomy.

India’s Federal Success

India, despite its immense diversity and challenges, has remained a united federation for over seven decades since independence. Factors contributing to this success include:

• A well-structured federal constitution, ensuring a balanced power-sharing system.
• A strong democratic tradition, fostering unity despite differences.
• Unity in diversity, acknowledging the cultural, linguistic, and religious multiplicity of India.

The Case of the West Indies Federation

The West Indies, colonized by the British like India, formed a federation in 1958. However, due to:

1. A weak central government,
2. Independent economies of the units, and
3. Political competition among regions,

The federation dissolved in 1962. Later, in 1973, the Caribbean Community (CARICOM) was formed, establishing joint authorities, a common legislature, a supreme court, a common currency, and a degree of a common market. Despite these efforts, the member nations function independently.

Key Features of Federalism

Federalism differs across nations like the USA, Germany, and India, but shares some common principles:

1. Dual Government System

• Two levels of governance: National (Central) and Regional (State)
• Both levels have distinct powers and responsibilities.

2. Division of Powers

• The central government handles national matters like defense and currency.
• The state governments manage local and regional affairs.

3. Written Constitution

• A supreme constitution that outlines power distribution and governance principles.
• The source of power for both the central and state governments.

4. Independent Judiciary

• Prevents conflicts between the center and states.
• Resolves disputes over power-sharing and legal matters.

5. Single Citizenship (India)

Unlike some federations with dual citizenship, India provides single citizenship, ensuring unity.

6. Dual Identity of Citizens

Citizens identify with both their state and nation (e.g., Gujaratis, Jharkhandis, and Indians).

Challenges in Federalism

Despite its structured system, the success of federalism depends on:

• Political culture, trust, and cooperation between the central and state governments.
• Avoiding dominance by any single region, language, or ideology, as this could lead to resentment and demands for separation.
• Role of political parties, influencing how federalism functions in practice.

Federalism in Nigeria

Nigeria’s experience with federalism highlights how ethnic, religious, and economic conflicts can hinder national unity, despite having a federal structure.

Historical Background

• Before 1914, Northern and Southern Nigeria were separate British colonies.
• At the Ibadan Constitutional Conference (1950), Nigerian leaders decided to adopt a federal system.

Ethnic & Political Conflicts

• The three major ethnic groups—Yoruba (West), Ibo (East), and Hausa-Fulani (North)—dominated their respective regions.
• Their attempts to expand influence led to regional fears and conflicts, resulting in military rule.

Federal & Regional Powers

• 1960 Constitution: Nigerian police were under joint control of the federal and regional governments.
• 1979 Constitution: Military rule led to the abolition of state-controlled civil police.

Challenges in Nigerian Federalism

• Religious tensions persist despite the restoration of democracy in 1999.
• Economic disputes over oil revenues create conflicts between local ethnic communities and the central government.
• Overlapping ethnic, religious, and economic issues weaken the federal structure.

Nigeria’s federalism showcases the importance of trust, cooperation, and fair resource distribution to maintain national unity.

Federalism in the Indian Constitution

Pre-Independence Vision for Federalism

• Indian national leaders recognized the need for power-sharing between the center and provinces.
• India’s regional and linguistic diversity required recognition to ensure a democratic government.
• Before Partition, a compromise was considered to grant greater autonomy to regions, influenced by the Muslim League’s demands.
• After Partition, the Constituent Assembly decided to establish a system based on unity, cooperation, and separate powers for the states.

Key Feature: Cooperation Between Centre & States

While recognizing diversity, the Indian Constitution emphasizes national unity.
Interestingly, the word "federation" is not explicitly mentioned in the Constitution. Instead, Article 1 states:
> "India, that is Bharat, shall be a Union of States."


This wording signifies that India's federalism is not based on an agreement among states but on unity within diversity.

Division of Powers in India

Dual Government Structure

• Union Government (Central Government): Governs the entire nation.
• State Government: Administers individual states.

Both levels have constitutional status and clearly defined areas of activity.

Resolution of Disputes

• If conflicts arise over jurisdiction, the Judiciary interprets the Constitution to resolve disputes.

Three Lists of Power Distribution

The Indian Constitution divides powers between the Centre and States through three lists:

In case of conflicts on Concurrent List subjects, the Union law prevails over State law.

Financial and Economic Power Centralization

• Centre controls major economic and financial powers, ensuring a strong national economy.
• States have major administrative responsibilities but limited revenue sources, making them financially dependent on the Centre.

Federalism with a Strong Central Government in India

The Indian Constitution establishes a federal system, but it also creates a strong central government to ensure national unity, economic development, and social stability. This was necessary due to India's continental size, diversity, and socio-economic challenges at the time of independence.

Why a Strong Central Government?

1. Need for National Unity and Integration

At independence, India was divided into British provinces and over 500 princely states.
A strong central government was essential to integrate these territories and prevent disintegration.
The Parliament has the power to:

• Form new states by altering territorial boundaries.
• Rename states after consulting the state legislature.

2. Addressing Socio-Economic Challenges

• Problems like poverty, illiteracy, and economic inequalities required centralized planning and coordination.
• A strong Centre was needed to implement economic policies and social reforms effectively.

Key Provisions That Strengthen the Central Government

1. Power to Alter State Boundaries

Parliament can:

• Create new states.
• Alter boundaries of existing states.
• Change the names of states.

• Although the state legislature is consulted, the final decision rests with the Central Government.

2. Emergency Provisions

The Constitution allows for emergency provisions that can temporarily convert the federal structure into a highly centralized system.
During an emergency, the Centre can:

• Make laws on subjects in the State List.
• Assume control over state governance.

Types of Emergencies:

• National Emergency (Article 352) – Declared in case of war or external aggression.
• State Emergency (President’s Rule) (Article 356) – Declared if a state fails to function according to the Constitution.
• Financial Emergency (Article 360) – Declared in case of a financial crisis.

3. Financial Centralization

• The Centre has control over major revenue sources like income tax, excise duties, and customs duties.
• States depend on grants and financial assistance from the Centre.
• Planning Commission (now NITI Aayog) plays a key role in coordinating economic planning and resource distribution.
• States ruled by opposition parties often accuse the Centre of discriminatory fund allocation.

4. Role of the Governor

• The Governor, appointed by the President, acts as a link between the Centre and the State.
• The Governor has the power to:
• Recommend dismissal of the State Government and dissolution of the State Assembly (Article 356).
• Reserve bills passed by the State Legislature for the President’s assent, allowing the Centre to delay or veto state laws.

5. Central Legislation on State Matters

• The Central Government can legislate on State List subjects if:
• Rajya Sabha approves the move by a two-thirds majority.
• During a national emergency.

• The executive power of the Centre is superior to the States, meaning:
• The Centre can issue directives to State governments under Article 257(1).

> Article 257 (1): "The executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose."

6. Integrated Administrative System

• All-India Services (IAS, IPS, IFS, etc.) operate under central control, even though officers serve in state administrations.
• State governments cannot dismiss or discipline these officers without central approval.

7. Special Laws Strengthening Central Authority

• Articles 33 & 34 empower Parliament to protect officers performing duties under martial law.
• The Armed Forces (Special Powers) Act (AFSPA), based on these provisions, grants special powers to armed forces in certain regions, leading to tensions between the people and security forces.

Conflicts in India’s Federal System

India’s federal system is characterized by a strong central government while recognizing the separate identity of states. This structure often leads to tensions, as states demand greater autonomy and power. These conflicts manifest in various ways, including demands for autonomy, disputes over governance, and inter-state conflicts.

1. Centre-State Relations

The Indian Constitution provides a framework for federalism, but actual governance is influenced by political processes. The evolution of centre-state relations can be divided into three phases:

a) 1950s to Early 1960s: Congress Dominance

• The Congress party was dominant at both central and state levels.
• States relied on financial aid from the centre for development.
• Relations remained largely smooth, except for disputes over state formation.

b) Mid-1960s to 1980s: Rise of Opposition Parties

• Opposition parties gained power in many states, leading to conflicts with the Congress-led central government.
• States began demanding greater autonomy, fearing interference from the centre.
• The concept of autonomy became a significant political issue.

c) 1990s Onwards: Era of Coalition Politics

• Coalition governments at the centre reduced central dominance over states.
• States gained more influence in governance, leading to a more balanced federal structure.
• Increased political maturity led to greater respect for diversity and regional aspirations.

2. Demands for Autonomy

States and political parties have periodically demanded greater autonomy. These demands can be categorized as follows:

a) Political Autonomy

• States demand more legislative and executive powers.
• Tamil Nadu, Punjab, and West Bengal have been vocal about this issue.
• Regional parties like DMK, Akali Dal, and CPI-M have supported these demands.

b) Financial Autonomy

• States seek independent revenue sources and greater control over financial resources.
• West Bengal’s Left Front government (1977) demanded a restructuring of centre-state financial relations.
• Tamil Nadu and Punjab have also emphasized financial autonomy.

c) Administrative Autonomy

• States oppose central control over their administrative machinery.
• The issue arises when the centre interferes in state governance through officials and bureaucratic decisions.

d) Cultural and Linguistic Autonomy

• States have protested against the dominance of Hindi.
• Tamil Nadu opposed the imposition of Hindi in the 1960s.
• Punjab has demanded greater recognition of Punjabi language and culture.

3. Role of Governors and President’s Rule

The Governor’s role has been a point of contention in centre-state relations due to the following reasons:

a) Governor’s Appointment and Actions

• The Governor is appointed by the centre, leading to allegations of bias.
• Many Governors are retired civil servants, military officers, or politicians.
• Their actions are often perceived as central government interference in state affairs.

b) President’s Rule (Article 356)

• Article 356 allows the President to impose central rule in a state if governance is deemed unconstitutional.
• The Sarkaria Commission (1983) recommended making Governor appointments non-partisan.

Cases of misuse:

• Kerala (1959) – Dismissal of a government with a majority.
• 1967 Onwards – Increased use of President’s Rule against opposition-led states.
• 1980s – Andhra Pradesh and Jammu & Kashmir faced central intervention.

4. Demands for New States

The demand for new states has been driven by linguistic, cultural, and administrative factors.

a) Creation of States

The States Reorganisation Commission (1953) recommended linguistic states.
Major state formations:

• 1960: Gujarat and Maharashtra.
• 1966: Punjab and Haryana.
• 1970s-1980s: Creation of North-Eastern states (Manipur, Tripura, Meghalaya, Mizoram, Arunachal Pradesh).
• 2000: Chhattisgarh, Uttarakhand, Jharkhand.
• 2014: Telangana, carved out from Andhra Pradesh.

b) Ongoing Demands

Vidarbha (Maharashtra), Bundelkhand (UP-MP), Gorkhaland (West Bengal) are regions demanding separate statehood.

5. Interstate Conflicts

Interstate disputes arise due to political, economic, and territorial issues.

a) Border Disputes

• Maharashtra-Karnataka (Belgaum dispute).
• Punjab-Haryana (Chandigarh issue).
• Manipur-Nagaland border tensions.

b) River Water Disputes

• Cauvery Water Dispute (Tamil Nadu-Karnataka): Disagreement over water sharing for agriculture.
• Narmada Water Dispute (Gujarat, Madhya Pradesh, Maharashtra): Conflict over water distribution.

c) Resolution Mechanisms

• Judiciary (Supreme Court & Tribunals): Legal resolution of disputes.
• Negotiations & Political Agreements: Essential for long-term solutions.

Special Provisions in the Indian Constitution

The federal arrangement in India is unique as it provides differential treatment to certain states based on their social, historical, and geographical circumstances. This asymmetry is reflected in aspects such as representation in the Rajya Sabha and special provisions for some states.

Asymmetrical Representation in the Rajya Sabha

• States in India vary in size and population.
• The Rajya Sabha provides minimum representation to smaller states while ensuring larger states get more seats.

Special Provisions for Certain States

• The Constitution of India provides a uniform division of powers between the Centre and the states.
• However, special provisions exist for some states due to their distinct history, tribal population, or geographical conditions.
• Most of these provisions apply to North-Eastern States (Assam, Nagaland, Arunachal Pradesh, Mizoram, etc.), which have a significant indigenous tribal population with unique cultures.
• Other states with special provisions include Himachal Pradesh, Andhra Pradesh, Goa, Gujarat, Maharashtra, Sikkim, and Telangana.

Despite these provisions, insurgency and alienation continue in certain regions.

Special Status of Jammu and Kashmir (Article 370)

Historical Background

• Before independence, Jammu and Kashmir (J&K) was a princely state with the choice to join India, Pakistan, or remain independent.
• In October 1947, Pakistan sent tribal infiltrators to capture Kashmir.
• Maharaja Hari Singh sought Indian assistance and acceded to India.
• Unlike other princely states, J&K was given special autonomy under Article 370.

Provisions Under Article 370

• Unlike other states, laws from the Union List and Concurrent List applied to J&K only with the concurrence of the state government.
• The Centre had limited powers in the state compared to other Indian states.
• J&K had its own constitution and flag.
• Emergency due to internal disturbances could not be declared in J&K without the state government’s consent.
• Financial Emergency could not be imposed in J&K.
• The Directive Principles of State Policy (DPSP) did not apply to J&K.
• Constitutional amendments under Article 368 required the concurrence of the J&K government to be applicable.

Gradual Integration into the Indian Union

• Over time, Presidential Orders (with the concurrence of J&K's government) extended large parts of the Indian Constitution to J&K.
• The Parliament’s power over subjects in the Union List was progressively accepted.

Revocation of Article 370

The Jammu and Kashmir Reorganisation Act, 2019 abolished the special status granted under Article 370.
The Act bifurcated the state into two Union Territories:

1. Jammu and Kashmir (with a legislature).
2. Ladakh (without a legislature).

This new arrangement came into effect on 31st October 2019.

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