What is the function of the federalism system?

Q. What is the function of the federalism system?

The functioning of the federal system in India is a subject of considerable academic debate, shaped by the historical, social, economic, and political contexts that influence its operation. India's federal system is a complex structure of governance that seeks to balance the distribution of power between the central government (the Union Government) and the states, while simultaneously accommodating the country's vast diversity in terms of language, culture, religion, and regional aspirations. This system of governance was formally established by the Indian Constitution, which came into effect on January 26, 1950, and has evolved through various political, legal, and constitutional developments over the decades. To understand the functioning of India’s federal system, it is essential to analyze its theoretical framework, the distribution of powers, the relationship between the central and state governments, and the dynamics of federalism in practice.

Historical Context of Indian Federalism

The idea of federalism in India has roots in the colonial period, where the British devised a system of governance that allowed for a division of powers between the central government in London and the various provinces in India. However, the British system was a form of centralized imperial rule, and the provinces had limited autonomy. The Government of India Act 1935 was the closest model of federalism that India inherited from the British colonial rule. This act introduced a system of federal governance, though it was heavily centralized, with substantial powers remaining with the British Crown.

The evolution of Indian federalism took a significant turn after independence in 1947. The framers of the Indian Constitution sought to establish a federal system that would recognize India’s vast geographical, cultural, and linguistic diversity while maintaining the unity and integrity of the nation. The Indian Constitution, therefore, was designed to create a system that balances central control with state autonomy, taking into account both the practical needs of governance and the democratic principles enshrined in the Constitution.

Theoretical Framework of Indian Federalism

The Indian Constitution establishes a quasi-federal system, which is a hybrid between a federal and a unitary system. This means that while the Constitution outlines a federal framework with the division of powers between the central government and the states, it also includes several provisions that give the central government considerable authority over the states. This centralizing tendency is especially evident in matters related to national security, economic planning, and the protection of the country’s unity and integrity.

The Constitution of India clearly defines the distribution of powers between the Union Government and the State Governments through the threefold classification of subjects under the Union List, the State List, and the Concurrent List, as outlined in the Seventh Schedule.

• Union List: This list contains subjects on which only the Union Government can legislate. These subjects are typically related to matters of national importance such as defense, foreign affairs, atomic energy, and interstate trade and commerce.
• State List: This list contains subjects on which only the State Governments can legislate. These subjects are usually related to local governance, public health, education, and police services, among others.
• Concurrent List: This list contains subjects on which both the Union and State Governments can legislate. However, in case of a conflict between Union and State laws on the same subject, the Union law prevails.

This distribution of powers is designed to maintain a balance between the autonomy of the states and the powers of the central government. However, the Indian system is heavily weighted in favor of the Union, with the central government retaining extensive control over critical areas such as national security, economic policy, and inter-state relations.

Role of the President in Indian Federalism

One of the distinctive features of India's federal system is the role of the President of India, who acts as the constitutional head of state. The President, while largely ceremonial, holds significant powers that can be exercised to resolve conflicts between the Union and the States or to maintain the unity and integrity of the nation. The President’s powers include the ability to dissolve the Lok Sabha (the lower house of Parliament), appoint the Prime Minister, and take actions that can override state decisions if necessary.

Article 356 of the Indian Constitution, commonly known as President's Rule, provides the President with the authority to dissolve a state government and assume direct control over the administration of a state if it is determined that the state government is unable to function according to the provisions of the Constitution. This provision has been used numerous times in the past, leading to concerns about the central government’s potential misuse of its powers to undermine the autonomy of states.

While the President’s role is important in upholding the integrity of the federal system, the frequent use of President's Rule and the concentration of power at the center have led to criticisms that India's federalism leans toward centralization rather than a truly federal structure.

Distribution of Powers and the Centralizing Tendencies

India's federal system is characterized by a strong centralizing tendency, particularly in areas such as economic policy, national defense, and law and order. Over the years, the central government has expanded its influence over state affairs through various constitutional amendments, executive actions, and judicial interventions.

The Emergency Provisions under Articles 352 to 360 of the Indian Constitution further exemplify the centralizing nature of the system. During a national emergency (Article 352), the central government can assume control over the governance of the entire country, overriding the authority of state governments. Additionally, during a financial emergency (Article 360), the Union government can take control over financial matters and restrict the financial autonomy of states. These provisions, while intended for exceptional circumstances, have been invoked in the past to centralize authority and undermine state autonomy.

Another centralizing factor in India's federal system is the Union's control over financial resources. The central government has significant control over financial distribution to the states. The Union Finance Commission, which is tasked with recommending the distribution of financial resources between the Union and the states, plays a pivotal role in determining the fiscal autonomy of states. While the Commission attempts to balance the interests of different states, the central government’s ability to control financial allocations has been a point of contention in the federal debate. States that are economically dependent on central grants often have limited room for autonomous fiscal decision-making, reinforcing the Union's dominance.

The Role of the Judiciary in Indian Federalism

The judiciary, especially the Supreme Court of India, plays a crucial role in the functioning of the federal system. It acts as the final arbiter in disputes between the Union and the States. One of the key functions of the judiciary in India’s federal system is to interpret the Constitution, particularly the provisions relating to the distribution of powers between the central and state governments. The Supreme Court has been called upon multiple times to resolve disputes between the Union and the States on issues such as the scope of executive power, legislative competence, and the interpretation of the Concurrent List.

One notable example of the judiciary's role in Indian federalism is its involvement in interpreting the balance of power between the Union and States. In landmark cases such as State of Rajasthan v. Union of India (1977) and S.R. Bommai v. Union of India (1994), the Supreme Court reaffirmed the federal nature of the Indian Union, while emphasizing that any action by the Union that undermines state autonomy must be scrutinized. However, despite the Court's efforts to uphold the federal structure, there have been instances where the central government has sought to extend its powers at the expense of the states.

The Basic Structure Doctrine articulated by the Supreme Court in Kesavananda Bharati v. State of Kerala (1973) further strengthens the idea of a federal system by declaring that the Constitution’s basic structure, which includes the federal system of government, cannot be altered by amendments that would undermine the federal balance. This ruling has provided a safeguard against excessive centralization, though the implementation of this doctrine has been a point of contention.

Political Dynamics and Federalism

The political dynamics of India’s federal system are shaped by the relationship between the central and state governments, which can vary depending on the party in power. When the same political party governs both at the center and in a state, the relationship tends to be cooperative, with less friction between the Union and State governments. However, when different parties govern at the Union and State levels, tensions may arise over issues of state autonomy, financial allocation, and policy implementation.

Regional parties play a significant role in India’s federal system, especially in states that have distinct linguistic, cultural, or regional identities. These parties often advocate for greater state autonomy and devolution of power. For example, the Dravida Munnetra Kazhagam (DMK) in Tamil Nadu, the Shiromani Akali Dal (SAD) in Punjab, and the Telangana Rashtra Samithi (TRS) in Telangana have historically pushed for the recognition of regional aspirations and the enhancement of state powers. The rise of regional parties has contributed to a more complex and multi-dimensional federal structure, as these parties seek greater control over regional affairs and more significant participation in national decision-making.

The National Democratic Alliance (NDA) and the United Progressive Alliance (UPA), two major political coalitions that have governed the country at different times, also reflect the changing political dynamics of federalism in India. Coalition governments, often comprising both regional and national parties, necessitate negotiation and compromise, which can either strengthen or weaken the federal system depending on the power dynamics within the coalition.

Contemporary Issues in Indian Federalism

Over the years, several contemporary issues have highlighted the complexities and challenges of India’s federal system. These include the growing demand for state autonomy, the role of regional parties in national politics, inter-state disputes over resources (such as water sharing and land rights), and the increasing centralization of power under successive governments.

The issue of state autonomy has been particularly contentious in states like Jammu and Kashmir (prior to the abrogation of Article 370 in 2019), where the demand for greater autonomy and self-determination has led to conflicts with the central government. Similarly, the growing demands for autonomy in states like Tamil Nadu, West Bengal, and Kerala reflect the challenges of accommodating regional aspirations within the framework of India’s federal system.

Moreover, inter-state disputes over resources, such as the sharing of river waters (e.g., the Krishna and Cauvery river disputes), have often tested the limits of India’s federal system. The failure to resolve such disputes has sometimes led to tensions between states and the central government, as the latter is often called upon to mediate or intervene in such conflicts.

Finally, the increasing centralization of power, especially in recent years, has raised concerns about the erosion of state autonomy. Critics argue that the Union government’s growing influence over matters traditionally under state jurisdiction, such as education, healthcare, and policing, undermines the spirit of federalism and limits the ability of states to address local needs effectively.

Conclusion

The functioning of the federal system in India is a dynamic and evolving process, shaped by a variety of historical, political, social, and economic factors. While the Constitution of India provides for a federal framework that divides powers between the Union and the States, the centralizing tendencies of the Indian system have often led to tensions between the two. The judiciary, the President, and the political dynamics between national and regional parties play crucial roles in maintaining the balance of power in the federal system. Despite the challenges, India’s federal system continues to function as a key feature of its democratic governance, reflecting the country’s diversity while striving to maintain national unity. However, the future of Indian federalism will depend on how effectively the system can adapt to contemporary challenges and ensure that both the Union and the States work collaboratively toward the country’s development and prosperity.

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