Federalism Flashcards
(22 cards)
Define Federalism
A Federal system of government has power divided between the central level and the constituent state levels of governing bodies.
What Is a Unitary system of Government?
A unitary government has either only one level/tier of government or the constituent parts of government are subordinates of the central government
State the key features of Federalism
- There are two or more levels of government
- Every Tier of government governs the same people, but each tier has its own Jurisdiction in specific matters of Legislation, Taxation and Administration
- The Jurisdiction of each tier of government are specified in the constitution, so the existence and authority of each tier is constitutionally garuanteed
- The Fundamental provisions of the constitution cannot be unilaterally changed by one form of government, it requires the consent of each tier of government
- Courts have the power to interpret the constitution and powers of each level of government. In case of any dispute between different levels of government, the Supreme Court acts as an umpire
- Sources of revenue for each level of government is clearly specified to ensure its financial autonomy
Explain “Coming Together” Federalism
In coming together federalism, independant states come together to form a bigger unit.
The main purpose is to combine their sovereignty and retain identity to increase their security
All states have equal power
Example of Coming Together Federalism
USA
Explain holding together Federalism
In this type of Federalism, a country divides its powers between central and state governments
The main purpose is to have efficient management through division of power
The central gov. Is more powerful and different states have unequal powers
Example of holding together Federalism
India, Belgium
Explain Provision 1
Constitution originally provided the system of 2 Tier government (central and state), later on third level was added (local)
Central and State governments enjoy different jurisdictions. Constitution provides 3 fold distribution of this jurisdiction
The 3 lists are: Union, State and Concurrent
Explain the Union List
The Union list includes subjects of National importance, like Defence of country, trade, banking, currency, etc.
Only Central government can make laws for the subjects of this list
It has 98 subjects
Explain the State List
The State list includes subjects of regional significance, like commerce, police, agriculture, irrigation, etc.
Only the state government can make laws
There are a total of 61 subjects
Explain the concurrent list
The central AND state governments make laws for the subjects in this state. Like, marriage, adoption, education, etc.
There are total of 52 subjects
If any conflict arises, the decision of the central gov. Will prevail.
Explain Residuary list
The Residuary list includes subjects that do not fall under any of the other 3 lists. These subjects got added later in the constitution. Like Computer software, e-commerce etc.
Explain Provision 2
Federations that are formed by Holding together route do not give equal powers to its state governments
All the states in Indian Union do not have equal power
Some states enjoy special powers like Assam, Mizoram, Arunachal Pradesh (for example: Article 371)
Indians who are not permanent members of these states cannot buy land or house here.
Explain Provision 3
Some units of Indian Union enjoy very little power.
These places are too small to become independent states and they can’t be merged with any other state
Like the Capital of Delhi, Lakshadweep and Chandigarh.
These are Union Territories.
These territories have powers of the Central government
Explain Provision 4
Sharing of power between the Union and State governments is basic and stated in the constitution.
It’s structure cannot be easily changed. The ruling party on its own cannot change it.
Any changes have to be first passed by both houses of parliament and then it has to by ratified by legislature of atleast half of the total states.
Explain Provision 5
The Judiciary plays an important role in overseeing the implementation of constitutional provisions in procedures
In case of any dispute about division of power, the High courts and Supreme court make a decision.
The Union and State governments have the power to raise resources by levying taxes in order to carry on the gov.
Explain the Need for policies that make India a federal country
Constitutional provisions are necessary for the success of federalism but not sufficient.
The real success of federalism lies in the democratic policies of the country
Policies ensure that the spirit of Federalism, respect for eachother, desire for unity should be the ideals of federalism
Explain the Linguistic states policy
The creation of linguistic states was the first and major test for democratic politics in our country
Many old states have vanished and many new states have been made.
In 1947, the boundaries of several old states of India were changed in order to create new states. This was done to ensure that people who spoke the same language, lived in the same state.
Some states were created not on the basis of language but to recognise differences based on culture Ethnicity or Geography. These include states like Nagaland, Uttarakhand and Jharkhand.
The formation of Linguistic states has, instead of disintegrating the country, actually United the country even more.
Explain the Language Policy
Our constitution did not give the status of national language to any one language
Hindi was identified as the official language, but it is the mother of language of only 40 percent people
Besides Hindi, there are 21 other languages recognised as scheduled languages by the constitution
A candidate in an exam conducted for central gov positions may opt for any one of these langauges as the medium for taking the exam
States have official languages too. Mauch of the government work of a state takes place in the official language of that state
The Use of English for official purposes was to stop in 1965, but many non Hindi speaking states did not like this, Like Tamil Nadu.
This movement took and a violent form and from there on, English was re adopted by the Constitution for official purposes
Explain the Centre State relations policy
For a long time, the same party ruled both at the central level and in most of the states. This meant that the state governments did not exercise their rights as autonomous federal units.
As and when the ruling party at the state was different, the parties ruling at the centre undermined their power by misusing the constitution.
All of this changed in 1990. This period saw the rise of many regional political parties in many states. This was also the beginning of the Coalition governments at the centre.
Explain coalition governments
Since no single party got a clear majority in Lok Sabha, the major national parties had to enter into an alliance with many parties including several regional parties to form a government at the Centre.
This led to a new culture of power sharing and respect for the autonomy of state governments.
Explain Decentralisation and its key features
The main Idea behind decentralisation is that there are a large no. Of issues that are best settled at the local level. People have better knowledge of problems in their localities.
They also have a better idea of where to spend money and how to manage things more efficiently. Besides, at the local level, it is possible for the people to directly take part in decision making.
This helps to make a habit of democratic participation. Local governments is the best way to realise one important principle of democracy, namely, local self government.
