Federalism

Question 1

What is federalism? (Four points)

Answer 1

1. It is an institutional mechanism to accommodate two sets of polities, one at regional level, other at national level. Each government is autonomous in its own sphere.
2. People have two sets of identities as they belong to region as well as nation. Each level has distinct powers and responsibilities.
3. Certain subjects which concern the nation as a whole like defence or currency union government. Regional or local matters come under state government.
4. To prevent conflicts between Centre and state, there is an independent judiciary that settles dispute.

Question 2

Important provisions that create a strong central government?

Answer 2

1. Parliament is empowered to form new states by separation of territory or by unit two or more states.
2. According to Constitution, once emergency is declared, our federal policy can turn into a highly centralised system. All power then becomes lawfully centralised.
3. Central government has very effective financial powers and responsibilities. The union government gives grants and loans to states.
4. Governor has power to recommend dismissal of state government and dissolution of assembly. He can reserve a bill passed by state legislature for assent of President. This allows central government to examine such bills and veto them.
5. There may be situations when central government need to legislate on matters from state list. Constitution clearly states that executive powers of Centre are superior to executive powers of state.
6. IAS, IPS come under Central government. State cannot take any disciplinary action or remove these officers.
7. Article 33 and 34 authorise the Parliament to protect persons in service of union or state of any action taken by them during martial law to maintain or restore order. AFSPA has been made on the basis of these provisions.

Question 3

Talk about Centre state relations. Under conflicts in India’s federal system.

Answer 3

1950s and early 1960s was a period of Congress dominance over Centre and state. Middle 1960s opposition party came and there were demands for greater powers and greater autonomy to states. There were different parties ruling, state and Centre. This gave birth to “autonomy” under federal system. This has resulted in greater say for states, respect for diversity and a more mature federalism.

Question 4

Demands for autonomy under conflicts in India’s federal system?

Answer 4

1. Some demands expect division of power should be changed in favour of states.
2. Some demand that states should have financial autonomy. They should have independent sources of revenue and greater control over resources.
3. States resent control of Centre over administrative machinery.
4. Some states feel there is domination of Hindu speaking areas over others.

Question 5

Role of governor and President’s rule

Answer 5

Governor is appointed by central government. Therefore, actions of governor are viewed as interference of central government in functioning of state government.
Sarkaria Commission reported that appointment of governors must be strictly non-partisan. Article 356, provides for President’s rule in any state.

Question 6

Talk more about article 356 and President’s rule

Answer 6

This is the most controversial article. During President’s rule, the union government takes over the state government. This is because state government cannot function as per constitutional provisions. President’s rule can be extended till three years. Eg: central government removed elected government in Andhra Pradesh, and Jammu and Kashmir in the 1980s

Question 7

Demands for new state?

Answer 7

In course of national movement, it was decided that states would be created on the basis of common, cultural and linguistic identity.
Gujarat, Maharashtra created in 1960 . Punjab and Haryana separated in 1966. Later, north-eastern region was reorganised, and New States added. MP,UP and Bihar were divided into three new states.

Question 8

Interstate conflicts. What are the two types of disputes?

Answer 8

Border disputes and river disputes

Question 9

Talk about the border disputes in interstate conflicts

Answer 9

States have claims over territories belonging to other neighbouring states. Language is basis of defining boundaries. Eg: Maharashtra and Karnataka over city of BELGAUM, Manipur and Nagaland too.

Question 10

Talk about the river disputes under interstate conflicts

Answer 10

These disputes are serious as they are related to drinking water and agriculture. Eg: Kaveri water dispute between Tamil Nadu and Karnataka. This dispute has reached the Supreme Court. Another example is Gujarat, Maharashtra, and Madhya Pradesh battling over sharing the waters of Narmada river.

Question 11

Conflicts in India’s federalism?

Answer 11

1. Centre state relations.
2. Demands for autonomy.
3. Role of governor and President’s rule.
4. Demands for new state.
5. Interstate conflicts.

Question 12

Special provisions?

Answer 12

Asymmetrical representation is provided so that small states at minimum representation and larger states get more representation. Article 370, granted special autonomy to J&K. They had their own flag, own constitution and own laws. Abrogated on 31 October 2019. It lost its special status.