FEDERALISM

FEDERALISM 

CLASS 11 

 

Political map of India 1947

Political map of India 2017

INTRODUCTION

· Look at the political maps of India 1947 and 2017.

· They have changed dramatically over the years. Boundaries of States have changed, names of States have changed, and the number of States has changed.

· When India became independent, we had a number of provinces that the British government had organised only for administrative convenience.

· Then a number of princely states merged with the newly independent Indian union. These were joined to the existing provinces.

· Since then boundaries of States have been reorganised many times.

· During this entire period, not only did boundaries of States change, but in some cases, even their names changed according to the wishes of the people of those States.

• Thus, Mysore changed to Karnataka and Madras became Tamil Nadu.
• The maps show these large scale changes that have taken place in the span of over seventy years. In a way, these maps also tell us the story of functioning of federalism in India

WHAT IS FEDERALISM?

• USSR was one of the world’s super powers, but after 1989 it simply broke up into several independent countries.

• One of the major reasons for its break up was the excessive centralisation and concentration of power, and the domination of Russia over other regions with independent languages and cultures of their own e.g. Uzbekistan.

• Some other countries like Czechoslovakia, Yugoslavia, and Pakistan also had to face a division of the country.

• Canada came very close to a break up between the English-speaking and the French-speaking regions of that country.

Federalism in West Indies

• West Indies is not a single country, but a group of islands in the Caribbean region.
• Like India, the West Indies were colonised by the British.

Federation of West Indies (1958–1962)

In 1958, the British colonies formed the Federation of West Indies.

It was a federal system with:

A very weak central government

Independent economies of each unit (island).

Due to:

• Weak centre
• Political competition among units
• Lack of economic unity the federation failed.

In 1962, the federation was formally dissolved.

Caribbean Community (CARICOM) – 1973

In 1973, by the Treaty of Chaguaramas, the independent islands formed a new arrangement.They created joint institutions, including:

a. A common legislature

b. A supreme court

c. A common currency

d. A common market (Caribbean Community – CARICOM)

CARICOM also has a common executive, made up of Heads of governments of member countries.

Conclusion

The West Indies islands:

Could not live together as one country (federation failed)

Could not live completely separately (formed CARICOM)

This shows a unique form of federal cooperation without becoming a single nation

Note: Isn’t it a great achievement that India, which emerged as an independent nation-state in 1947 after a painful partition, has remained united over seven decades of its independent existence?

Now Think about it

What accounts for this achievement? Can we attribute it to the federal structure of governance that we in India adopted through our Constitution?

All the countries mentioned above, were federations. Yet they could not remain united. Therefore, apart from adopting a federal constitution, the nature of that federal system and the practice of federalism must also be important factors.

India

• India is a land of continental proportions and immense diversities.

• There are more than 20 major languages and several hundred minor ones. It is the home of several major religions.

• There are several million indigenous peoples living in different parts of the country. In spite of all these diversities we share a common land mass.

• We have also participated in a common history, especially, when we fought for independence. We also share many other important features.

• This has led our national leaders to visualise India as a country where there is unity in diversity. Sometimes it is described as unity with diversity.

• Federalism does not consist of a set of fixed principles, which are applied, to different historical situations.

• Rather, federalism as a principle of government has evolved differently in different situations.

• American federalism – one of the first major attempts to build a federal polity – is different from German or Indian federalism.

But there are also a few key ideas and concepts associated with federalism.

1. Essentially, federalism is an institutional mechanism to accommodate two sets of politics – one at the regional level and the other at the national level.

   • Each government is autonomous in its own sphere. In some federal countries, there is even a system of dual citizenship. India has only a single citizenship.

2. The people likewise, have two sets of identities and loyalties—they belong to the region as well as the nation, for example we are Gujaratis or Jharkhandis as well as Indians.

   • Each level of the polity has distinct powers and responsibilities and has a separate system of government.

3.  The details of this dual system of government are generally spelt out in a written constitution, which is considered to be supreme and which is also the source of the power of both sets of government.

   • Certain subjects, which concern the nation as a whole, for example, defence or currency, are the responsibility of the union or central government.

   • Regional or local matters are the responsibility of the regional or State government.

4. To prevent conflicts between the centre and the State, there is an independent judiciary to settle disputes.

   • The judiciary has the powers to resolve disputes between the central government and the States on legal matters about the division of power.

 Real politics, culture, ideology and history determine the actual working of a federation. A culture of trust, cooperation, mutual respect and restraint helps federations to function smoothly. Political parties also determine the way a constitution would work.

• If any single unit or State or linguistic group or ideology comes to dominate the entire federation it could generate a deep resentment among people or its units not sharing the dominant voice.

• These situations could lead to demands for secession by the aggrieved units or could even result in civil wars. Many countries are embroiled in such conflict situations.

The clipping conveys that political misuse of Governors threatens India’s federal structure and there is a strong need for neutral and independent Governors

Federalism in Nigeria

Federalism can succeed only when regions and communities trust each other. If this trust is missing, even a federal system may fail. Nigeria is a good example of this problem.

Background

Till 1914, Northern Nigeria and Southern Nigeria were separate British colonies.

In 1950, at the Ibadan Constitutional Conference, Nigerian leaders decided to adopt a federal constitution.

Ethnic Composition and Regional Control

Nigeria has three major ethnic groups:

Yoruba – controlled the Western region

Ibo (Igbo) – controlled the Eastern region

Hausa-Fulani – controlled the Northern region

Each group tried to extend its influence beyond its region.

This created fear, rivalry and conflict among regions.

Political Instability

Continuous conflicts led to the collapse of democracy and the rise of a military regime.

1960 Constitution:

Control of police was shared by federal and regional governments.

1979 Constitution (under military supervision):

States were not allowed to have their own police, increasing central control.

Present Challenges 

Democracy was restored in 1999, but problems still continue:

Religious differences

Ethnic tensions

Disputes over control of oil revenues

Local ethnic communities oppose centralised control over oil resources.

Conclusion 

Nigeria shows how overlap of ethnic, religious and economic differences can weaken federalism.

Lack of trust among regions makes unity difficult, even under a federal system.

Check Your Progress 

1. Who decides the powers of the central government in a federation?pp

· \The powers of the central government (and state governments) in a federation are decided and clearly defined in a written constitution, which is the supreme law of the land.

· The constitution divides powers between the national (union/central) government and regional (state) governments through specific lists (e.g., Union List, State List, Concurrent List in India’s case).

· Example from India:

  · Union List → Subjects under central government (e.g., defence, foreign affairs, currency).

  · State List → Subjects under state governments (e.g., police, agriculture, health).

  · Concurrent List → Subjects where both can make laws (e.g., education, forests).

2. How are conflicts between the central government and the States resolved in a federation?

· Conflicts between the central government and states are resolved by an independent judiciary, which acts as the umpire or arbitrator of the federation.

· The judiciary (e.g., Supreme Court or Constitutional Court) has the power to:

  · Interpret the constitution.

  · Settle disputes over the division of powers.

  · Ensure both levels of government function within their constitutional limits.

· Example from India: The Supreme Court resolves disputes between the centre and states on legal matters concerning power distribution.

FEDERALISM IN THE INDIAN CONSTITUTION

Even before Independence, most leaders of our national movement were aware that to govern a large country like ours, it would be necessary to divide the powers between provinces and the central government.

• The only question was what should be the extent of powers to be enjoyed by the regional governments.

• In view of the agitation of the Muslim League for greater representation to the Muslims, a compromise formula to give very large powers to the regions was discussed during the negotiations before Partition.

• Once the decision to partition India was taken, the Constituent Assembly decided to frame a government that would be based on the principles of unity and cooperation between the centre and the States and separate powers to the States.

• The most important feature of the federal system adopted by the Indian Constitution is the principle that relations between the States and the centre would be based on cooperation.

• Thus, while recognising diversity, the Constitution emphasised unity.

the Constitution of India does not even mention the word federation? This is how the Constitution describes India —

Article 1: (1) India, that is Bharat, shall be a Union of States.

(2) The States and the territories thereof shall be as specified in the First Schedule.

Division of Powers

• There are two sets of government created by the Indian Constitution: one for the entire nation called the union government (central government) and one for each unit or State called the State government.

• Both of these have a constitutional status and clearly identified area of activity. If there is any dispute about which powers come under the control of the union and which under the States, this can be resolved by the Judiciary on the basis of the constitutional provisions.

• The Constitution clearly demarcates subjects, which are under the exclusive domain of the Union and those under the States.

• One of the important aspects of this division of powers is that economic and financial powers are centralised in the hands of the central government by the Constitution.

• The States have immense responsibilities but very meagre revenue sources.