Federalism

1. Where this chapter sits

In the previous chapter you learnt that power-sharing is the spirit of democracy, and that one major form is the vertical division of power among different levels (tiers) of government. This chapter zooms into exactly that form — it is called federalism.

The chapter answers four questions in order:

• What is federalism? — the general idea and its key features.
• What makes India federal? — the constitutional provisions (the three Lists).
• How is federalism practised? — linguistic States, language policy, Centre-State relations.
• The third tier — decentralisation and local self-government (Panchayati Raj).

Remember the Class 9/10 contrast: Belgium shifted from a unitary to a federal system in 1993 by giving regional governments constitutional powers, while Sri Lanka remains, for all practical purposes, a unitary system where the national government holds all power.

2. What is federalism?

Federalism is a system of government in which the power is divided between a central authority and various constituent units of the country. Usually a federation has two levels of government:

• A government for the entire country, responsible for a few subjects of common national interest.
• Governments at the level of provinces or states, looking after the day-to-day administration of their state.

The crucial point: both levels enjoy their power independent of the other. The federal system has a dual objective — to safeguard and promote the unity of the country, while at the same time accommodate regional diversity.

Jurisdiction means the area over which someone has legal authority — defined by geographical boundaries or by certain kinds of subjects.

3. Federal vs unitary government

Federations are contrasted with unitary governments.

4. Key features of federalism (the seven points)

These are the most-asked features — learn them well.

1. There are two or more levels (tiers) of government.
2. Different tiers govern the same citizens, but each has its own jurisdiction in matters of legislation, taxation and administration.
3. The jurisdictions of each level are specified in the Constitution, so the existence and authority of each tier is constitutionally guaranteed.
4. The fundamental provisions cannot be unilaterally changed by one level of government — changes need the consent of both levels.
5. Courts interpret the Constitution and the powers of different levels; the highest court acts as an umpire in disputes between levels.
6. Sources of revenue for each level are clearly specified to ensure financial autonomy.
7. The federal system has a dual objective — promote unity and accommodate diversity.

5. Two routes to a federation

The balance of power between centre and states depends on the historical context in which the federation was formed. There are two routes.

6. What makes India a federal country?

India emerged as an independent nation after a painful partition, and soon after Independence several princely states joined the country. The Constitution declared India a Union of States — it did not use the word "federation", but the Indian Union is based on the principles of federalism, and all seven features apply to our Constitution.

The Constitution originally provided a two-tier system — the Union (Central) Government and the State Governments. Later a third tier was added (Panchayats and Municipalities). Each tier enjoys separate jurisdiction.

7. The three Lists — division of legislative powers

The Constitution makes a three-fold distribution of legislative powers between the Union and the States. This is the single most important exam topic of the chapter.

Why agriculture ministers exist at the Centre too: even though agriculture and commerce are State subjects, the Union has ministries for them to co-ordinate national policy, schemes and funding — but only the State can legislate on those subjects.

8. Special-status States and Union Territories

Because India is a holding-together federation, all States do not have identical powers.

• Special-status States: States like Assam, Nagaland, Arunachal Pradesh and Mizoram enjoy special powers under Article 371 due to their peculiar social and historical circumstances — mainly to protect the land rights and culture of indigenous peoples and to give them preferential employment in government services. Indians who are not permanent residents cannot buy land there.
• Union Territories: areas too small to be independent States and which could not be merged with any existing State — e.g. Chandigarh, Lakshadweep, Delhi. They do not have the powers of a State; the Central Government has special powers in running them.

9. How is federalism practised? (the three big tests)

Constitutional provisions are necessary but not sufficient. The real success of federalism in India comes from the nature of democratic politics, which made the spirit of federalism, respect for diversity and the desire to live together into shared ideals. Three things strengthened it in practice.

10. Linguistic States

The creation of linguistic States was the first major test for democratic politics. From 1947 onwards the boundaries of old States were redrawn so that people who spoke the same language lived in the same State. Some States were created not on language but on culture, ethnicity or geography — e.g. Nagaland, Uttarakhand and Jharkhand.

At first, some leaders feared this would lead to the disintegration of the country and the Central Government resisted. But experience showed the opposite: forming linguistic States actually made the country more united and made administration easier.

11. Language policy

The second test was the language policy. The Constitution did not give national-language status to any one language.

• Hindi was identified as the official language, but it is the mother tongue of only about 40-44 per cent of Indians, so many safeguards protect other languages.
• Besides Hindi, 21 other languages (a total of 22 in the Eighth Schedule) are recognised as Scheduled Languages. Candidates for Central Government exams may write in any of these. States also have their own official languages.
• English: its official use was meant to stop in 1965, but non-Hindi States (especially Tamil Nadu, where the protest turned violent) demanded its continuation. The Centre agreed to continue English along with Hindi.
• Promotion of Hindi is official policy, but promotion does not mean imposition — the Centre cannot force Hindi on States that speak other languages.

12. Centre-State relations

The third way federalism was strengthened was by restructuring Centre-State relations. How power-sharing actually works depends on how ruling parties behave.

• Before 1990: for a long time the same party ruled both the Centre and most States. State governments did not exercise their autonomy, and when a rival party ruled a State, the Centre often misused the Constitution to dismiss those State Governments — undermining the spirit of federalism.
• After 1990: the rise of regional parties and the era of coalition governments at the Centre changed everything. Since no single party won a clear Lok Sabha majority, national parties had to ally with regional parties, creating a new culture of power-sharing and respect for State autonomy.
• A major Supreme Court judgement made it difficult to dismiss State governments arbitrarily. So federal power-sharing is more effective today than in the early years.

Coalition government: a government formed by at least two political parties coming together, usually forming an alliance and adopting a common programme.

13. Decentralisation — the third tier

A vast, internally diverse country like India cannot be run only by two tiers — Indian States are as large as European countries (Uttar Pradesh has a bigger population than Russia; Maharashtra is about as big as Germany). So power-sharing is needed within States too. This is the rationale for decentralisation.

Decentralisation is when power is taken away from Central and State governments and given to local government. Why it is good:

• Many problems are best settled at the local level — local people have better knowledge of their localities.
• They have better ideas on where to spend money and how to manage efficiently.
• People can directly participate in decision-making, which builds a habit of democratic participation — the principle of local self-government.

14. The 1992 Amendment — a powerful third tier

The major step came in 1992, when the Constitution was amended (the 73rd and 74th Amendments) to make the third tier powerful and effective. Its provisions:

1. It is now constitutionally mandatory to hold regular elections to local government bodies.
2. Seats are reserved in elected bodies and for executive heads for Scheduled Castes, Scheduled Tribes and Other Backward Classes.
3. At least one-third of all positions are reserved for women.
4. An independent State Election Commission was created in each State to conduct panchayat and municipal elections.
5. State governments must share some powers and revenue with local bodies (the nature varies State to State).

15. The structure of local government

Rural local government is known as Panchayati Raj, with three levels:

• Gram Panchayat: a council for a village (or a group of villages), with several ward members (panch) and a president called Sarpanch, all directly elected by the adult population. It works under the supervision of the Gram Sabha — all the voters of the village — which meets two or three times a year to approve the budget and review performance.
• Panchayat Samiti / Block / Mandal: a few gram panchayats grouped together; its members are elected by the panchayat members.
• Zilla (District) Parishad: all panchayat samitis in a district together; most members are elected, plus MPs and MLAs of the district; headed by the Zilla Parishad chairperson.

Urban local government: Municipalities in towns (head: municipal chairperson) and Municipal Corporations in big cities (head: Mayor), both controlled by elected bodies.

16. NCERT Exercises — fully answered

Q1. Locate Manipur, Sikkim, Chhattisgarh and Goa on a map of India. Map work — Manipur (north-east), Sikkim (north-east, Himalayas), Chhattisgarh (central India), Goa (west coast). Mark and label each on a blank political map.

Q2. Shade three federal countries (other than India) on a world map. Map work — e.g. USA, Brazil, Australia (others: Canada, Switzerland, Belgium, Nigeria, Germany).

Q3. One similarity and one difference in the practice of federalism in India and Belgium.

• Similarity: Both divide power between a central government and regional/state governments through constitutional provisions, accommodating linguistic/regional diversity.
• Difference: India is a holding-together federation where the Centre is more powerful; Belgium gave its regional (community) governments equal, constitutionally protected powers, and even has a separate community government chosen on a linguistic basis — a tier India does not have.

Q4. Main difference between a federal and a unitary government (with example). In a unitary system there is only one level of government, or sub-units are subordinate to the centre, which can pass orders to them — e.g. Sri Lanka. In a federal system power is divided between two or more levels, each with its own constitutionally guaranteed jurisdiction, and the centre cannot order the state — e.g. India, where a State can introduce its own school textbooks without Union permission.

Q5. Two differences between local government before and after the 1992 amendment.

• Before: elections were not held regularly; after: regular elections are now constitutionally mandatory.
• Before: local bodies had no powers, resources or reservations and were under direct State control; after: seats are reserved for SC/ST/OBC and one-third for women, a State Election Commission conducts elections, and States must share powers and revenue.

Q6. Fill in the blanks. Since the United States is a coming-together type of federation, all the constituent States have equal powers and States are strong vis-à-vis the federal government. But India is a holding-together type of federation and some States have more power than others. In India, the Central (Union) government has more powers.

Q7. Three reactions to India's language policy — argue for any one.

• Sangeeta (accommodation strengthened unity) — strongest position. By continuing English alongside Hindi and recognising 22 Scheduled Languages, India avoided the violent ethnic conflict that Sri Lanka faced after imposing Sinhala. The flexibility kept the country united.
• Arman — weaker; experience shows linguistic States made the country more united and administration easier, not divided.
• Harish — partly valid; critics argue continuing English favoured the English-speaking elite, but it was a necessary compromise to reassure non-Hindi States.

Q8. The distinguishing feature of a federal government is: (d) Governmental power is divided between different levels of government.

Q9. Group the subjects under the three Lists.

Q10. Which pair is NOT correctly matched? (d) Local governments — Residuary powers. (Wrong: residuary powers belong to the Central/Union Government, not local governments. The other three pairs are correct.)

Q11. Match List I with List II. The correct codes: 1. Union of India → A. Prime Minister; 2. State → C. Governor; 3. Municipal Corporation → D. Mayor; 4. Gram Panchayat → B. Sarpanch. So 1-A, 2-C, 3-D, 4-B.

Q12. Which statements are correct? (c) A and B only. A and B correctly describe a federation and why India is one. C is wrong (Sri Lanka is unitary, not federal). D is wrong (devolving some power to local bodies does not stop India from being a federation).

17. Common confusions to avoid

• Union vs Central vs Federal — "Union Government" (constitutional name) and "Central Government" (popular name) are the same body; "federal" describes the system.
• Coming-together vs holding-together — USA/Switzerland/Australia come together (states strong); India/Spain/Belgium hold together (centre strong). Don't swap.
• Residuary powers belong to the Union, never to the States or local government.
• On a Concurrent List conflict, the Union law prevails — not the State law.
• The Constitution never uses the word "federation" — it says "Union of States", but India is federal.
• Promotion of Hindi is not imposition — the Centre cannot force Hindi on non-Hindi States.
• The 1992 amendment is the 73rd (rural) and 74th (urban) amendment — don't confuse the two tiers.

18. Quick revision checklist

• Federalism = power divided between a central authority and constituent units; two or more tiers, each independent and constitutionally guaranteed.
• Seven features: tiers, separate jurisdiction, written in Constitution, no unilateral change, courts as umpire, separate revenue, dual objective.
• Two routes: coming-together (states strong) vs holding-together (centre strong).
• Three Lists: Union (alone), State (alone), Concurrent (both; Union prevails); residuary → Union.
• Special-status States (Art. 371) and Union Territories (centre-run).
• Practised through: linguistic States, accommodative language policy, better Centre-State relations after 1990.
• 1992 amendment → strong third tier: regular elections, SC/ST/OBC + one-third women reservation, State Election Commission, shared revenue.
• Rural: Gram Panchayat (Sarpanch) → Panchayat Samiti → Zilla Parishad. Urban: Municipality (chairperson) → Municipal Corporation (Mayor).