KHUSHNAM P.N.K.V. NAL

FEDERALISMFEDERALISM

A system of government in which the power is A system of government in which the power is divided between a central and various constituent divided between a central and various constituent units is calledunits is calledFederalismFederalism..

Federation has two levels of government:Federation has two levels of government:

a. Govt. for entire countrya. Govt. for entire country

b. Provincial / States govt.b. Provincial / States govt.

Both these levels of governments enjoy Both these levels of governments enjoy their power independent of other.their power independent of other.

The Federal govt. is usually responsible The Federal govt. is usually responsible for a few subjects of national importance for a few subjects of national importance like Defence, Foreign Policy,Currency etc.like Defence, Foreign Policy,Currency etc.

The provincial or state government looks The provincial or state government looks after the day to day administration of their after the day to day administration of their states.states.

Two Levels of GovernmentTwo Levels of Government

Constitutional division of jurisdiction and powers of the Constitutional division of jurisdiction and powers of the levels of the government.levels of the government.

Independence and autonomy of the Judiciary to Independence and autonomy of the Judiciary to interperate the constitution and the jurisdictions of the interperate the constitution and the jurisdictions of the two levels of the govt.two levels of the govt.

Fundamental changes in the Constitution cannot be Fundamental changes in the Constitution cannot be made by one level of the govt. Consent of the other made by one level of the govt. Consent of the other level is necessary.level is necessary.

To safeguard and promote unity and To safeguard and promote unity and integrity of the country.integrity of the country.

Respect the regional variations and their Respect the regional variations and their aspirationsaspirations

Ensure rich socio-cultural and enonomic Ensure rich socio-cultural and enonomic traditions and practices with national traditions and practices with national outlook.outlook.

TYPES OF FEDERATIONSTYPES OF FEDERATIONS

FEDRATION BASED ON FEDRATION BASED ON FORMATIONFORMATION

COMING TOGETHER FEDERATIONCOMING TOGETHER FEDERATION

HOLDING TOGETHER FEDERATIONHOLDING TOGETHER FEDERATION

• States come together to form a bigger unit States come together to form a bigger unit by pooling their sovereignty and retaining by pooling their sovereignty and retaining their identity.their identity.

• The constituent states usually have equal The constituent states usually have equal power and strong vis-à-vis the Federal govt.power and strong vis-à-vis the Federal govt.

• ExamplesExamples a. the USAa. the USA b. Switzerlandb. Switzerland c. Australiac. Australia

A large country decides to divides it’s power between the constituent states and the National govt. In this scheme, the central govt. tends to be more powerful vis-à-vis the states.

Examples a. India b. Spain c. Belgium

To safeguard and promote unity and integrity of the country with due respect to the regional variations and their aspirations in order to ensure rich socio-cultural and enonomic traditions and practices with national outlook

WHAT MAKES INDIA A WHAT MAKES INDIA A FEDERAL COUNTRYFEDERAL COUNTRY

Constitution provides for two levels of Constitution provides for two levels of governmentsgovernments

Division of power of power & functions of Division of power of power & functions of the Central & state govt.the Central & state govt.

Independent Judiciary Independent Judiciary

Power sharing of the centre and the states Power sharing of the centre and the states isis

the basic structure of the Constitution.the basic structure of the Constitution.

SPECIAL FEATURES OF INDIAN SPECIAL FEATURES OF INDIAN FEDERATIONFEDERATION

The Concurrent List of Subjects on which The Concurrent List of Subjects on which both Centre & states have the power to both Centre & states have the power to make lawsmake laws

The Residuary power with the Centre.The Residuary power with the Centre. All states are not equal. All states are not equal. a. Statesa. States b. Union Territoriesb. Union Territories c. National Capital Territory (U.T)c. National Capital Territory (U.T) d.Special Status to J&K (Article- 370)d.Special Status to J&K (Article- 370) e. Autonomous Hill Council in Manipur,e. Autonomous Hill Council in Manipur, Nagaland, Mizoram.(Article-371) Nagaland, Mizoram.(Article-371)

UNITARY FEATURESUNITARY FEATURES Changes in the name,boundaries,merger& Changes in the name,boundaries,merger&

division of the states.division of the states. Single hierarchical JudiciarySingle hierarchical Judiciary Centre has overshadowing power on Centre has overshadowing power on

Concurrent List and monopoly over the Concurrent List and monopoly over the Residuary subjects.Residuary subjects.

Appointment of Governors by the CentreAppointment of Governors by the Centre All-India Services- IAS,IPS appointed by the All-India Services- IAS,IPS appointed by the

centrecentre Planning Commission & it’s rolePlanning Commission & it’s role Emergency powers specially the President Emergency powers specially the President

Rule under Article 356 of the Constitution.Rule under Article 356 of the Constitution.

DECLINE OF CONGRESSDECLINE OF CONGRESS

CONGRESS & CONGRESS CONGRESS & CONGRESS ALLAINCE STATESALLAINCE STATES

Maharashtra, West Bengal, Manipur, Maharashtra, West Bengal, Manipur, J&K, Uttrakhand, Kerala, Assam , J&K, Uttrakhand, Kerala, Assam , Meghalaya, Arunachal Pradesh, Meghalaya, Arunachal Pradesh, HarayanaHarayana

EMERGENCE OF REGIONAL & EMERGENCE OF REGIONAL & SMALLER PARTIESSMALLER PARTIES

KARNATAKA GLOBAL KARNATAKA GLOBAL INVESTORS MEETINVESTORS MEET

JUDICIAL SUPPORT FOR JUDICIAL SUPPORT FOR AUTONOMY OF STATESAUTONOMY OF STATES

Supreme Court of IndiaSupreme Court of IndiaS.R. Bommai vs Union Of India on 11 S.R. Bommai vs Union Of India on 11

March, March, 19941994

1. 1. No President Rule till the state govt. No President Rule till the state govt. enjoy majorityenjoy majority

2. 2. Satisfaction of the President should Satisfaction of the President should have proven basishave proven basis

NEW EMERGING TRENDSNEW EMERGING TRENDS

Decline of the dominance of the CongressDecline of the dominance of the Congress Emergence of Regional Political PartiesEmergence of Regional Political Parties Rise and acceptance of Rise and acceptance of COALITIONCOALITION govt. govt. Growing strength of National Development Growing strength of National Development

Council (NDC)Council (NDC) In the post-Economic Reform Era(1991) In the post-Economic Reform Era(1991)

states are empowered to make agreement states are empowered to make agreement with foreign countries/ investors.with foreign countries/ investors.

Judicial support for the autonomy of the Judicial support for the autonomy of the states.states.

WHAT MAKES INDIA A WHAT MAKES INDIA A FEDERAL COUNTRY ?FEDERAL COUNTRY ?

Following features makes India Following features makes India FederalFederal

Constitution provides for two levels of Constitution provides for two levels of governmentsgovernments

Division of power of power & functions of the Division of power of power & functions of the Central & state govt.Central & state govt.

Independent Judiciary Independent Judiciary

Power sharing of the centre and the states isPower sharing of the centre and the states is the basic structure of the Constitutionthe basic structure of the Constitution

WHAT MAKES INDIA A FEDERAL WHAT MAKES INDIA A FEDERAL WITH UNITARY BIAS ?WITH UNITARY BIAS ?

OROR

WHAT ARE THE UNITARY FEATURES WHAT ARE THE UNITARY FEATURES OF INDIAN FEDERALISM ? OF INDIAN FEDERALISM ?

FOLLOWING ASPECTS ARE FOLLOWING ASPECTS ARE RESPONSIBLERESPONSIBLE

Changes in the name,boundaries,merger& Changes in the name,boundaries,merger& division of the states by the Centredivision of the states by the Centre

Single hierarchical JudiciarySingle hierarchical Judiciary Centre has overshadowing power on Concurrent Centre has overshadowing power on Concurrent

List and monopoly over the Residuary subjects.List and monopoly over the Residuary subjects. Appointment of Governors by the CentreAppointment of Governors by the Centre All-India Services- IAS,IPS appointed by the centreAll-India Services- IAS,IPS appointed by the centre Planning Commission & it’s rolePlanning Commission & it’s role Emergency powers specially the President Rule Emergency powers specially the President Rule

under Article 356 of the Constitutionunder Article 356 of the Constitution

WHAT IS COALITION WHAT IS COALITION GOVT. ?GOVT. ?

WHEN NO POLITICAL PARTY WHEN NO POLITICAL PARTY GETS THE MAJORITY SEATS , GETS THE MAJORITY SEATS , IN THIS WAKE FEW LIKE-IN THIS WAKE FEW LIKE-MINDED POLITICAL PARTIES MINDED POLITICAL PARTIES COME TOGETRER AND COME TOGETRER AND FORM GOVT. WITH FORM GOVT. WITH COMMON MINIMUM COMMON MINIMUM PROGRAMMEPROGRAMME

SUMMARYSUMMARY FEDERALISMS HAVE TWO LEVELS OF GOVT.FEDERALISMS HAVE TWO LEVELS OF GOVT. POWERS ARE CONSTITUTIONALLY DIVIDEDPOWERS ARE CONSTITUTIONALLY DIVIDED INDIA HAS THE FEATURES OF FEDERALISM.INDIA HAS THE FEATURES OF FEDERALISM. INDIAN FEDERALISM HAS UNITARY BIAS.INDIAN FEDERALISM HAS UNITARY BIAS. DEVELOPING COALITION POLITICS AND DEVELOPING COALITION POLITICS AND

JUDICIAL ACTIVISM IS STRENGTHENING JUDICIAL ACTIVISM IS STRENGTHENING FEDERAL PRACTICES.FEDERAL PRACTICES.

GLOBAL ECONOMIC FORCES ALSO GLOBAL ECONOMIC FORCES ALSO FAVOURS THE TREND.FAVOURS THE TREND.

IMPORTANT QUESTIONESIMPORTANT QUESTIONES

What do you understand by Federalism?What do you understand by Federalism? Describe main features of Federalism.Describe main features of Federalism. What makes India a Federal states?What makes India a Federal states? Why India is called a federal state with Why India is called a federal state with

unitary bias?unitary bias? India functions as a federal system in India functions as a federal system in

normal time, but becomes a unitary state normal time, but becomes a unitary state in the time of crisis.Explain.in the time of crisis.Explain.

What is coalition government? How does it What is coalition government? How does it impact on our federal system? impact on our federal system?