SUPPORT STUDY MATERIAL

                                         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 Jammu and Kashmir.

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 defense ,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 subjects 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. The president has the power to dismiss a state government .The president always

   acts on the advice of the central government.

3. Union list contain more subjects, and regarding concurring list centre has been given

     more power

4.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

5.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

  Example : Jammu Kashmir

   It has its own constitution, many provision of the Indian constitution are not

     applicable automatically to this state. These provisions can be applicable only after

     approval by the state assembly

  Only the permanent residents of Jammu and Kashmir can buy land  or house here

     ,other Indian are not permitted to own real estate 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.

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 least 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 73^rd amendment referred to rural local government or

   panchayati raj system and 74^th 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 11^th 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

1.Village Panchayat             2.Block samiti/                              3.Zila Parishad                                                      

                                            Panchayat Samiti

Village panchayat : At the village level there are two bodies

 (a)Gram samba: It is the general assembly of the village includes 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