Federalism in India

In a federal constitution, the powers are divided between the federal government and the states, just like in the United States. There is a clear division of authority, and both are autonomous in their respective fields. This means that a dual polity has been established. The federal constitution requires the division of legislative, executive, and financial authority among the states and the central government.

What is Federalism?

Federalism is a form of governance in which power is split between a central authority and the country's component entities. Two tiers of government are typical in federations. The first is the government for the entire country, which is generally in charge of a few topics of shared national concern. The others are provincial or state governments that handle much of the day-to-day administration of their state. Both levels of government wield authority independently of one another.

Federalism is a combination of two governments. That is, under one system, two governments will coexist: the state government and the central government. In India, federalism is the division of power among the local, federal, and state governments. This is comparable to the Canadian political organisation paradigm. Federalism is fundamentally a system of two branches of government working together. In general, there are two tiers of government under federalism. One is a central authority in charge of the country's major affairs. The other is more of a local administration that manages the day-to-day operations and activities of its particular territory.

Federalism and the Indian Constitution

Though not mentioned in the Constitution of India, but federalism in India is properly stated in the Indian Constitution through different means. There are many people who believe that the Indian Constitution is unitary. The Sarkaria Commission's reports, on the other hand, demonstrate that the system is federalist in character. The Supreme Court further said unequivocally that the Kesavananda Bharati Case is of a federal nature. Thus, it is demonstrated that federalism is a basic constitutional component.

Key Features of Federalism in India

Federalism is an important component of India's constitution that limits the government. The Supreme Court of India defined requirements that must be met in order for the constitution to be federal. This was accomplished by a decision in the case of the State of West Bengal versus the Union of India. These are the conditions:

• A treaty with the princely kingdoms to yield territory to the Union. The authorities are mainly divided between the states and the central government.

• The constitution is believed to be paramount, and only the Parliament may change it.

• Power distribution between the centre and the state in their respective domains.

• The courts have the last say in interpreting the constitution, and any action that violates it is null and void.

Features of Federalism

• Division of Power: One of the most fundamental characteristics of the federal constitution is the division of power. The Constitution itself handles power distribution. The powers of the union and the states are specified in the constitution. Both the union and the states have autonomous governments. Items of national importance, such as defence, international affairs, the country's currency, and so on, are union or central matters, whereas health and land agriculture are state subjects.

• The Constitution Being Supreme: The supremacy of the Constitution of the United States of America is the supremacy of the Indian Constitution of the United States of America. The supremacy of the constitution is critical for the democracy's coordination and seamless operation.

• Written Constitution: The federal constitution must be in writing and without ambiguity. The division of powers between the union and the states would be extremely difficult without a codified constitution. Maintaining constitutional supremacy would be difficult if there was no reference to a written document. We live in a complicated world, and the Federal Government is no exception.

• Constitutional Rigidity: If the constitution is incredibly rigid, it is consequently easier to modify it. Furthermore, because it is inflexible, it is easy to retain its dominance. Amendments to the constitution can be enacted by a simple majority, a special majority, or a special majority in conjunction with a ramification of the Union.

• Judiciary: It is inevitable that there would be difficult problems in a federal organisation comprised of the states and the center. To resolve disagreements, an independent authority that can authoritatively interpret the constitution is required. This duty is fulfilled by the court, and in the event of a constitutional disagreement, the judiciary's decision is binding on all parties.

• Bi-cameral legislature: India has a bi-cameral legislature, which is an important component of Indian Federalism. The Indian Parliament is divided into two houses: the lower house (Lok Sabha) and the upper house (Rajya Sabha). Any revisions must be approved by both chambers. Few states also have a bi-cameral legislature.

Conclusion

The Indian Constitution, which is regarded as paramount, protects federalism in that country. By federalism, we imply a constitutional division of power between one general government (with jurisdiction over the entire national territory) and a number of subnational governments, each with autonomous authority over their respective regions, the aggregate of which constitutes almost the entire nation. The existence or absence of federal flexibility is critical to developing democracies. The Union administration must devote resources to supporting efficient state consultation during the legislative process. A system that treats individuals and states as partners rather than as objects must be established.

FAQs

Q1. Which type of federalism is practiced in India?

Ans. The Indian style of federalism is known as a "quasi-federal" system because it has elements of both a federation and a union.

Q2. What are the three lists of Indian federalism?

Ans. In Indian Federalism, legislative authority is distributed in three ways, as symbolised by three lists: the Union list, the State list, and the Concurrent list.

Q3. What is the main purpose of federalism?

Ans. The purpose of federalism is to protect personal liberty by dispersing government authorities so that no single government or party may control all functions.

Q4. There are two or more tiers in a unitary government. True or False?

Ans. False. The unitary system of governance has either only one kind of government or sub-units that report to the central government. The central government has the authority to issue instructions to the province or local governments. The United Kingdom and Sri Lanka both have unitary administrations.

Q5. What are the three levels of federalism in India?

Ans. The three tiers of governance are:

• Central Government.

• State Government.

• Panchayati Raj or Municipalities.