POLITICAL SCIENCE
Local Self-Government & Federalism
Q What is Federalism?
The term Federalism is derived from the Latin word 'Foedus', which means an agreement. It is a form of government in which the sovereign authority of political power is constitutionally divided between the center and the states. Each sphere of government is independent in its own domain.
- A federation is an agreement between two types of government sharing power and spheres of control.
- Under a federal system, the national and state/local governments combined exercise the sovereignty assigned to them by the Constitution.
Delegation, Devolution & Decentralization
To understand federalism, you must distinguish it from other forms of power distribution. Conceptual clarity here is non-negotiable.
| Delegation | Devolution | Decentralization |
|---|---|---|
| Transfer of specific powers or responsibilities from a higher authority (e.g., legislature, executive, or central government) to a lower institution or individual to perform on its behalf. | Transfer of power, responsibilities, and resources from a central government to a lower level of government, such as regional or state authorities. | The process of distributing decision-making authority and resources from a central authority to a lower level of government or organization. |
| Typically a temporary, revocable transfer done by an Executive Act. | Typically involves a more permanent transfer of power by a Legislative Act. | Usually a permanent structural shift mandated by a Constitutional Act. |
Types of Federalism
1. Holding Together Federation
- A larger entity decides to share its powers between various constituent parts to accommodate diversity.
- Power is generally tilted towards the central authority.
- Examples: India, Spain, Belgium.
2. Coming Together Federation
- Independent states come together to form a larger unit.
- States generally enjoy more autonomy compared to the "holding together" model.
- Examples: USA, Australia, Switzerland.
3. Asymmetrical Federation
- Some constituent units have more power or special status than others due to historical or cultural reasons.
- Examples: Canada (Quebec), Russia (Chechnya), Ethiopia (Tigray).
Essential Features of Federalism
Before studying Indian Federalism, focus on the universal core tenets of a federal structure:
- Dual Polity: The center usually deals with matters of national importance, whereas states are entrusted with local matters.
- Supremacy of the Constitution: Powers originate from the Constitution, ensuring no authority takes arbitrary action over the other. This necessitates a Written Constitution.
- Rigidity of the Constitution: Makes unilateral amendment complicated and tough, ensuring any change in the structure stems from both authorities (Center & State).
- Authority of Courts: Since federalism is based on the division of power between coordinate governments, an independent and impartial judiciary is essential to maintain coordination and ensure neither transgresses into the other's domain. The Judiciary acts as the final arbiter to interpret the Constitution.
Unitary vs. Federal Features
| Unitary Government | Federal Government |
|---|---|
| Single government; all power lies with the national government. | Dual government; division of power between national and regional governments. |
| Constitution may be written (France) or unwritten (UK). | Constitution must be written. |
| Constitution may be supreme (Japan) or may not be supreme (UK). | Supremacy of the Constitution is mandatory. |
| Constitution may be rigid (France) or flexible (UK). | Constitution must be rigid. |
| Judiciary may or may not be independent. | Independent Judiciary is mandatory. |
| Legislature may be bicameral (UK) or unicameral (China). | Legislature is usually bicameral (two houses). |
Q What is Indian Federalism?
According to Dr. B.R. Ambedkar, the Indian Constitution avoids the tight mold of federalism and could be both unitary as well as federal according to the requirements of time and circumstances. Therefore, Indian federalism is considered Sui-Generis (meaning "in a class by itself" or something unique).
Terms Attributed to Indian Federalism
Quasi-Federal (K.C. Wheare)
Introduced by K.C. Wheare in his work 'Federal Government'. According to him, the Indian Constitution establishes a system that is federal in form, but unitary in spirit. It focuses on a strong central authority, but states also enjoy autonomy in certain spheres. The balance of power is tilted towards the Central Government.
Co-operative Federalism
Refers to collaboration and partnership between Union and State governments to achieve common national goals. It focuses on interdependence between the center and states despite having defined areas in the Constitution. Examples: Article 263 (Inter-State Council), GST Council.
Bargaining Federalism
A dynamic process where different levels of government negotiate and bargain to address their respective interests. It shows a deterioration of cooperative federalism and a lack of trust. Example: Southern states (like Kerala, Tamil Nadu) demanding a greater share of financial resources, arguing they contribute more to the National GDP.
Competitive Federalism
A model where states compete with each other (and sometimes with the central government) to attract investment, improve governance, and deliver better services to citizens. Promotes healthy competition for faster economic growth, accountability, and responsiveness. Examples: Ease of Doing Business Index, Invest Punjab Summit.
Indian Constitution: Centralizing vs. Federal Features
| Centralizing (Unitary) Features | Federal Features |
|---|---|
| Emergency provisions | Dual Polity (Article 1 & Article 246) |
| Integrated Judiciary | Supremacy of the Constitution |
| Concurrent List | Written Constitution |
| Residual powers lie with the Center | Rigidity of the Constitution (Article 368) |
| States are destructible | Independent Judiciary (Article 131) |
| Flexibility of the Constitution & Veto over State Bills | Division of Powers |
| Appointment of Governor & Parliamentary authority over State List | Bicameralism |
| Sharing of Revenue through Finance Commission |