Model Answer
0 min readIntroduction
Federalism, derived from the Latin word "foedus" meaning "treaty," is a system of government where power is divided between a central authority and constituent political units (states or provinces). Unlike a unitary system where the central government holds supreme power, federalism ensures a degree of autonomy for regional entities. The Indian Constitution, adopted in 1950, established a federal structure, albeit with a significant unitary bias, born out of the need for national unity and socio-economic development in a diverse country. The 73rd and 74th Constitutional Amendments, alongside judicial pronouncements, have continually shaped the contours of this unique federal experiment.
Understanding Federalism: A Global Perspective
Federalism aims to balance the need for national unity with the desire for regional autonomy. The core principle is the division of powers between different levels of government, each possessing its own sphere of authority. Key features include a written constitution, a bicameral legislature (often with representation from constituent units), and an independent judiciary to resolve disputes.
Indian Federalism: Constitutional Provisions
The Indian Constitution embodies federalism through several provisions:
- Division of Powers: Article 1 of the Constitution defines the territory of India. Schedule VII lists the subjects of legislation, dividing them into Union List (for national subjects), State List (for state subjects), and Concurrent List (where both Union and States can legislate).
- Written Constitution: The Constitution clearly defines the powers and functions of the Union and State governments, minimizing ambiguity.
- Bicameral Legislature: The Rajya Sabha (Council of States) represents the states, ensuring their voice in the Parliament.
- Independent Judiciary: The Supreme Court and High Courts interpret the Constitution and resolve disputes between the Union and States or among the States themselves. Article 368 outlines the amendment process, requiring ratification by a majority of state legislatures.
- Rigid Constitution: While amendable, the process is more complex than in unitary systems, reflecting the need for consensus among different levels of government.
Features Reflecting a Unitary Bias
Despite the federal structure, the Indian Constitution incorporates features indicative of a strong central government:
- Emergency Provisions: Articles 352, 356, and 370 allow the Union government to assume greater control during emergencies, essentially overriding state autonomy.
- Integrated Judiciary: A single, integrated judiciary with the Supreme Court at the apex, rather than separate state judiciaries, strengthens central authority.
- Appointment of Governors: While the Governor is the representative of the State, their appointment by the President (acting on the advice of the Union government) can be perceived as a tool for central control.
- Financial Powers: The Union government has significant control over financial resources through taxation and distribution of revenue.
Evolution of Indian Federalism: Cooperative and Competitive Federalism
The relationship between the Union and States has evolved over time, oscillating between cooperative and competitive federalism:
- Cooperative Federalism (Early Phase): Initially, emphasis was on cooperation and consensus-building, particularly during the planning era. The Inter-State Council (reconstituted in 1990) aims to promote coordination and deliberation.
- Competitive Federalism (Post-Liberalization): Economic liberalization and increased competition among states led to a greater emphasis on state-level initiatives and performance. The concept of ‘healthy competition’ among states emerged, encouraging them to attract investment and improve governance.
- Fiscal Federalism: The Finance Commission, constituted every five years, recommends the distribution of tax revenues between the Union and States, impacting their financial autonomy.
Contemporary Challenges and Future Directions
Indian federalism faces several challenges:
- Imbalance of Power: The Union government often holds disproportionate power, impacting state autonomy.
- Financial Disparities: Uneven distribution of resources and revenue generation capabilities creates imbalances among states.
- Inter-State Disputes: Disputes over water sharing, boundaries, and other issues remain a persistent challenge.
- Centre-State Relations: Issues of interference by the Union government in state affairs and delays in the implementation of state schemes often strain relations.
Future directions could include strengthening state finance, promoting greater decentralization, and fostering a more collaborative and equitable relationship between the Union and States.
| Feature | Unitary System | Federal System |
|---|---|---|
| Power Distribution | Centralized; Power rests with the central government. | Divided between central and regional governments. |
| Constitution | Often unwritten or flexible. | Usually written and rigid. |
| Legislature | Usually unicameral. | Often bicameral. |
| Judiciary | Centralized. | Dual judiciary (central and state). |
| Example | United Kingdom | United States of America |
Conclusion
In conclusion, Indian federalism represents a unique blend of federal and unitary features, reflecting the country’s historical context and developmental needs. While it has fostered national unity and economic progress, challenges related to power imbalance and financial disparities persist. Strengthening cooperative federalism through greater devolution of powers, enhanced financial autonomy for states, and a more responsive Inter-State Council is crucial for ensuring the long-term health and vibrancy of India’s federal structure. The evolving nature of the relationship requires continuous dialogue and adaptation to meet the changing needs of a dynamic nation.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.