An Overview of Federalism and the Features of Federalism
By learning this chapter, you will be able to understand the entire theory about the introduction of federalism and how it is practised in a country like India. When we reach the end of this particular chapter, all your doubts regarding the chapter such as governments and other questions related to federalism will be solved.
That is why you need to thoroughly read the notes that we have provided to you right here. With the help of these notes, you can understand all the different terminologies and the features of federalism.
What Is Meant By Federalism?
When it comes to defining federalism, it can be said that it is basically a compound mode that is made of two different governments. To explain further, there is one system where there will be a mixture of 2 different types of government. One is the state government and the other one is the central government. In a country such as India, federalism is explained by distributing authority and power across the national, state, and local government. Now, this is something that is pretty much similar to the Canadian government organization.
So, to answer the question of is India a federal country, it can be said that it is because there is a mixture of governments that tend to rule the entire country.
At its very core, federalism defines a particular system where there is an existence of dual machinery including different government functions. In a general sense regarding federalism, there are about 2 different levels of the entire government. There is the central authority that is responsible for looking after different major affairs that take place in the country. Another main aspect of the federal government in India would have to be the local authority that is responsible for the daily activities and the functioning of any particular region or area.
To provide you with an example, the Indian Constitution is always stating that there is a federal setup in India. You all are familiar with the fact that the parliament of India has two different levels. Working at the centre of the parliament is the Union government and there is also the state level as well.
What are the Features of Federalism
When it comes to discussing the features of Indian federalism, there are certain points that you need to understand to have a comprehensive idea about the topic. There are different characteristics that combine together to provide a complete essence to the entire concept of federalism. Here we are going to study them.
One of the main features of the federal government is that there are 2 different levels when it comes to the governance of the country at the very least. Now, there is a possibility of having more levels. However, one thing is for sure that the entire power doesn’t get concentrated on just one type of government in a federal country.
All of the different levels of governance tend to govern all the same citizens, however, there is a difference in the jurisdiction of these levels. So, that means, every single level of a government will have certain powers in order to form the laws that govern the country. These levels can only execute and legislate the laws that can be formed under their power. The jurisdiction of both these levels is clearly marked. For more details, refer to what is federalism Class 8.
The constitution has to guarantee the federal government system. Hence, the duties and powers of the levels of government have to be listed in the constitution. These government levels cannot make changes to the amendment.
Another one of the Indian federalism features is that in case there is a conflict in these different government levels, it is then up to the judiciary court to resolve that conflict. Also, Different revenue sources are specified for each government.
Is India A Federal Country?
One of the most important questions that people seem to ask is that is India a federal government? Well, it can be said without any doubt that India is a federal county. However, in the constitution of India, the word ‘federal’ isn’t really mentioned. However, it does state that India is basically a “Union of States”. So, many historians have been led to believe that India is not a federal but a quasi-federal country. This means there are some characteristics of having a unitary government apart from the federal laws as well.
The Indian constitution has prescribed a proper federal state of the government. You must be aware that we currently have different levels of the Indian government. There is the Lok Sabha along with the Rajya Sabha. Also included are our state governments such as Vidhan Sabhas as well as the Vidhan Parishad. Also, there are Municipal Corporations and our Panchayats, which are types of local governance.
FAQs on Introduction of Federalism
1. What is the basic concept of federalism as a system of government?
Federalism is a system of government where power is divided between a central authority and various constituent units of the country. Typically, a federation has two or more levels of government. For example, in India, we have the Union Government for the entire country and State Governments for individual states. Both levels enjoy their power independent of the other, with their respective areas of jurisdiction defined by the constitution.
2. What are the key features that define a federal system?
A federal system is identified by several important features that ensure a balance of power. The main features include:
- Multiple Tiers of Government: There are two or more levels (or tiers) of government.
- Separate Jurisdiction: Each tier has its own jurisdiction in specific matters of legislation, taxation, and administration.
- Constitutional Guarantee: The existence and authority of each tier of government are constitutionally guaranteed.
- Rigid Constitution: The fundamental provisions of the constitution cannot be unilaterally changed by one level of government. Such changes require the consent of both levels.
- Independent Judiciary: Courts have the power to interpret the constitution and the powers of different levels of government, acting as an umpire in case of disputes.
- Financial Autonomy: Sources of revenue for each level of government are clearly specified to ensure its financial independence.
3. How is a federal system of government different from a unitary system?
The primary difference lies in the distribution of power. In a federal system, power is divided and shared between the central government and state/provincial governments. In contrast, a unitary system has only one level of government, or if there are sub-units, they are subordinate to the central government. The central government can pass on orders to the provincial or local governments, which is not possible in a true federation. Examples of federations include India and the USA, while the UK and France are examples of unitary systems.
4. What constitutional provisions make India a federal country?
The Constitution of India establishes a federal structure through a clear three-fold distribution of legislative powers between the Union and State governments. This is detailed in the Seventh Schedule of the Constitution, which contains three lists:
- Union List: Includes subjects of national importance like defence, foreign affairs, and currency, on which only the Union Government can legislate.
- State List: Contains subjects of state and local importance such as police, trade, and agriculture, on which State Governments can make laws.
- Concurrent List: Includes subjects of common interest to both the Union and State governments, like education, forests, and marriage. Both can make laws, but in case of a conflict, the Union law prevails.
5. What is the difference between ‘coming together’ and ‘holding together’ federations?
Federations are formed in two primary ways. 'Coming together' federations are formed when independent states come together on their own to form a bigger unit, pooling sovereignty while retaining identity. This increases their security and power. Examples include the USA, Switzerland, and Australia. In contrast, 'holding together' federations are formed when a large country decides to divide its power between the national government and its constituent states. Here, the central government tends to be more powerful. India, Spain, and Belgium are examples of this type.
6. Why is decentralisation considered a crucial element for practicing federalism in India?
In a vast and diverse country like India, governance cannot be managed effectively from only two levels. Decentralisation, which is the process of taking power away from central and state governments and giving it to local governments, is crucial. It helps in settling a large number of problems and issues at the local level, where people have better knowledge of local problems. It also promotes the principle of direct democracy by encouraging people to participate in decision-making, strengthening the grassroots foundation of federalism.
7. How does the judiciary safeguard the principles of federalism?
The judiciary, particularly the Supreme Court, plays the role of an umpire in India's federal system. It has the authority to interpret the Constitution and settle disputes that may arise between different levels of government regarding the exercise of their respective powers. If there is a disagreement over the division of powers as specified in the Union, State, or Concurrent lists, the judiciary intervenes to ensure that neither the central nor the state governments overstep their constitutional limits. This oversight is essential for the smooth functioning of a federal structure.
