Federalism

Federalism is a system of government where power is divided between a central authority and various constituent units of the country. It typically involves two levels of government: one for the entire country and others for provinces or states. Each level has its own jurisdiction, ensuring autonomy in specific matters like legislation and taxation.

India is a federal country because its Constitution divides powers between the Union Government and State Governments through three lists: Union, State, and Concurrent. The Union Government handles national issues, States manage local matters, and both can legislate on Concurrent List subjects. This division is constitutionally guaranteed, ensuring autonomy at both levels.

Federalism features include two or more government tiers, each governing the same citizens but with distinct jurisdictions. The constitution specifies these jurisdictions, ensuring each tier's existence and authority. Changes to this arrangement require mutual consent, and courts interpret the constitution to resolve disputes between government levels.

In a unitary government, power is centralized, with sub-units subordinate to the central authority. In contrast, a federal system divides power between central and state governments, each autonomous in their domains. For example, the UK has a unitary system, while the USA follows federalism.

Belgium shifted to federalism in 1993 to accommodate regional diversity and reduce central government dominance. Regional governments were given constitutional powers, making them independent of the central authority. This change aimed to promote unity while respecting regional differences, unlike Sri Lanka, which remains unitary.

The Union List includes subjects of national importance like defense and foreign affairs, legislated solely by the Union Government. The State List covers local matters like police and agriculture, managed by State Governments. The Concurrent List includes common interests like education, where both levels can legislate, with Union laws prevailing in conflicts.

The Constitution specifies revenue sources for each government level, ensuring financial autonomy. States can levy taxes like land revenue and sales tax, while the Union collects income and customs duties. Financial commissions recommend revenue sharing, ensuring states have resources to manage their responsibilities without central interference.

The judiciary interprets the Constitution and resolves disputes between government levels. Courts ensure that neither the Union nor States overstep their jurisdictions. The Supreme Court acts as an umpire, safeguarding the federal structure by upholding constitutional provisions and power divisions.

Special powers are granted to states like Assam and Nagaland under Article 371 due to unique social and historical contexts. These powers protect indigenous rights, culture, and land, ensuring local autonomy. For example, non-residents cannot buy land in these states, preserving their distinct identity within the federation.

Decentralisation involves transferring power from central and state governments to local bodies like panchayats and municipalities. This third tier of government addresses local issues more effectively, ensuring direct public participation in decision-making. The 1992 constitutional amendments strengthened this system, mandating regular elections and resource sharing.

Linguistic states like Tamil Nadu and Maharashtra were created to accommodate language-based identities, reducing regional discontent. This move strengthened unity by respecting diversity, making administration more efficient. Contrary to fears, it prevented disintegration, showcasing India's ability to balance unity with regional autonomy.

India's language policy recognizes 22 scheduled languages, avoiding the imposition of a single national language. Hindi is the official language, but states can use their own languages for governance. This policy, unlike Sri Lanka's, prevents linguistic conflicts by respecting diversity and promoting multilingualism.

Coalition governments since the 1990s have strengthened federalism by involving regional parties in central decision-making. This shift reduced central dominance, fostering mutual respect and power-sharing. States gained more autonomy, as central governments relied on regional allies, ensuring a more balanced federal structure.

Union Territories like Delhi and Chandigarh are regions directly administered by the Central Government, lacking state-level autonomy. They are too small to be states or have strategic importance. Unlike states, their governance and resources are controlled by the Centre, reflecting a more centralized administration.

Local self-government ensures direct public participation in governance, addressing local issues effectively. It inculcates democratic habits and accountability, as seen in panchayats and municipalities. This tier strengthens democracy by decentralizing power, making governance more responsive and inclusive, especially for marginalized groups.

Local governments face challenges like inadequate resources, irregular gram sabha meetings, and limited power transfers from states. Despite constitutional mandates, many states hesitate to share significant authority or funds, hindering effective decentralization. Overcoming these requires stronger implementation and public awareness.

The USA follows a 'coming together' federation with equal state powers, while India is a 'holding together' federation with stronger central authority. In the USA, states voluntarily united, retaining equal sovereignty. In India, power division favors the Centre, reflecting its formation from a large, diverse nation.

The 73rd and 74th Amendments (1992) mandated local self-government by establishing panchayats and municipalities. They ensured regular elections, reserved seats for SCs/STs/OBCs and women, and created State Election Commissions. These reforms deepened democracy by empowering grassroots governance and inclusive participation.

Indian federalism accommodates diversity through linguistic states, special provisions for certain regions, and local self-governance. States like Nagaland enjoy autonomy to protect tribal culture, while language-based states respect linguistic identities. This flexibility prevents separatist tendencies, promoting national unity amid diversity.

The Concurrent List allows both Union and State Governments to legislate on common subjects like education and forests. This ensures cooperative federalism, where both levels address shared concerns. Union laws prevail in conflicts, maintaining national standards while allowing state-specific adaptations, balancing unity and diversity.

State Election Commissions conduct and supervise elections for panchayats and municipalities, ensuring democratic local governance. They uphold electoral integrity, mandate reservations, and enforce codes of conduct. By ensuring free and fair elections, these commissions strengthen grassroots democracy and accountability.

Federalism has enabled India to manage its vast diversity by decentralizing power and respecting regional identities. It prevents central authoritarianism, ensures inclusive governance, and fosters political participation. By balancing unity with autonomy, federalism has sustained democracy in a complex, pluralistic society.

The three-tier system (Union, State, Local) ensures effective governance by addressing issues at appropriate levels. Local bodies handle grassroots concerns, states manage regional matters, and the Centre oversees national interests. This division enhances administrative efficiency, public participation, and balanced development across the country.

The Constitution protects state powers by clearly defining their jurisdictions in the State List and requiring their consent for constitutional changes affecting federalism. Courts safeguard these powers by adjudicating disputes, ensuring neither level encroaches on the other's domain, thus maintaining the federal balance.

Regional parties have strengthened federalism by advocating for state autonomy and influencing central policies. Their rise since the 1990s ensured state concerns were addressed in national governance, reducing central dominance. This pluralistic politics reflects India's diverse aspirations, reinforcing cooperative federalism.