Federalism In India

India is one of the biggest democracies in the world, consisting of 28 states and 8 Union territories. With so many divisions within the Country, operating under one roof requires a lot of work. Have you ever wondered how all of this happens within our Country?

Then, the answer is Federalism. This means that power is divided between the union and state governments so that they can work efficiently for the welfare of the people. However, India follows the quasi-federalism system, which allows the government to make its own decisions.

Many people are not aware of the importance of Federalism in India. Don't worry!

In this article, we will understand everything about Federalism in India, including its types, importance, provisions, and evolution. Let's dive in!

What Is Federalism?

Federalism is a government system where the power gets divided between the center and the state. Each government has a different role in the economy and society's welfare. Prof. Wheare defines it as a system of government that embodies the division of powers between the center and state. Both governments coordinate with each other and work independently.

Features Of Federalism

The features of Federalism are as follows:

1. Division of powers: Federalism divides the power between the center and the state.
2. Constitutional supremacy: Federalism is based on a written constitution, and the fact that it is written means that no one can do anything that violates the provisions of the Constitution. So, it is a safeguard to ensure that no government commits any illegal acts.
3. Independence of judiciary: Federalism includes an independent judiciary that can resolve disputes between parties without biases and impartiality.
4. Flexibility: Flexibility in federalism points to the flexible division of power between the center and the state.
5. Legislature with two houses: India has a legislature divided into two houses: Lok Sabha and Rajya Sabha.

Types Of Federalism

Federalism can be divided into the following types:

1. Dual federalism

In dual Federalism, the central and state governments work independently from each other.

2. Cooperative federalism

It is a system of government where the center and state cooperate to achieve certain goals.

3. Competitive federalism

As the name suggests, in this type of federalist ideology, the state and the center compete for the public.

Also Read : How Is Federalism Practiced In India?

4. Holding Together Federalism

In this type, a group of federal states form a single federal entity. Each member performs their functions.

5. Fiscal Federalism

This term divides tax and expenditure responsibilities between the state and the center.

Evolution Of Federalism

The concept of Federalism gained attention in India in 1930 at the first roundtable conference. Through this conference, the leaders attending it decided that the Indian government would include not only British-controlled regions but also princely states.

To enforce this decision, the Government of India Act of 1935 was passed to present a framework for Federalism in India. But this couldn't be implemented successfully.

So, the concept of Federalism was introduced again in 1946. But at that time, it consisted of a weak center and strong states.

Subsequently, it was changed to a strong center on the recommendations of the Union Power Committee. All the residuary powers were vested in the center. So, we became a quasi-federal country with a strong center.

Importance Of Federalism In India

Federalism is considered important for these reasons:

1. It allows both the center and state governments to function independently. It means both have the autonomy to make decisions and address the needs of their people.
2. As there is a division of power, the administration and governance become simple. There is no confusion about the functions and responsibilities of government.
3. Federalism is a feature of democracy as there is wider partition and representation of people from central and state governments.
4. It protects the rights of people, as with division of powers comes the duty to serve people without any excuse.

Provisions For federalism Under The Indian Constitution

Our Constitution has provisions which showcase how Federalism is embraced in it:

Principles Of Federalism In The Constitution

Federalism has two principles: 'Separation of Powers' and 'Checks and Balances.'

Separation of powers means that power is divided between different bodies, and they don't interfere with each other.

The principle of checks and balances states that power should be divided so that no one has too much power. So it prevents abuse of power.

In the landmark case of Indira Gandhi vs Raj Narain (1975), it was held that the principle of checks and balances is required in the federal system. Each organ of government oversees the functioning of another, and no one is supreme.

Nature Of Indian Federalism

India is a federal country. But you might have heard the term quasi-federal as well. This means there is a division of powers between the center and the state, but it is not 50-50. India has a strong central government, so we are a quasi-federal country, not a federal one.

In india, some features make us quasi federal Country:

1. Strong center: We have a strong central government. Presidents and governments are considered representatives of the central government. And they have been given immense authority.
2. Single citizenship: Our Constitution follows the concept of single citizenship, which means you can be a citizen of only one Country at a time. In the USA, they follow Federalism and are allowed dual citizenship. They are citizens of both the center and state. In India, every citizen belongs to the center only.
3. Integrated judiciary: We follow an integrated approach. Under Article 141 of the Indian Constitution, the Supreme Court is regarded as the highest court of law. Its judgments are binding on all subordinate courts.
4. Unequal state representation: In India, every state has its geographical distinction. For every state, the representatives are decided based on its population individually. So, there is no fixed criterion for it.
5. Emergency provisions: During times of emergency, our Constitution gives authority to the central government to suspend and dismiss the state government. So, the central government is supreme.

Conclusion

So, Federalism is not just dividing power between state and center. It is what makes our Country a strong democracy. It upholds the fundamentals of the Constitution. Through Federalism, we can balance state independence with center oversight. Combined, we have a unique system that is specifically tailored to the needs of Indian Citizens.