EXERCISES
1. From the list of following events, which ones would you identify with the functioning of federalism? Why?
The Centre on Tuesday announced Sixth Schedule status to GNLF-led Darjeeling Gorkha Hill Council, which would ensure greater autonomy to the governing body in the Hill district of West Bengal. A tripartite Memorandum of Settlement was signed in New Delhi between the Centre, West Bengal government and the Subhas Ghising-led Gorkha National Liberation Front (GNLF) after two days of hectic deliberations.
Answer: This relates to the functioning of federalism.
Explanation: This event is a clear example of federalism in action because it involves negotiation between two levels of government—the Centre and the State of West Bengal—to grant greater autonomy to a specific region. The tripartite agreement shows cooperation and power-sharing to address regional aspirations, a key feature of a federal system.
Government action plan for rain-hit States: Centre has asked the rain-ravaged States to submit detailed plans for reconstruction to enable it to respond to their demands for extra relief expeditiously.
Answer: This relates to the functioning of federalism.
Explanation: This highlights the cooperative and fiscally interdependent nature of federalism. The central government often provides financial assistance and support to states during crises. This coordination for relief and reconstruction shows how the Centre and states work together.
New Commissioner for Delhi: The Capital is getting a new municipal commissioner. Confirming this, present MCD Commissioner Rakesh Mehta said he has received his transfer orders and that he is likely to be replaced by IAS officer Ashok Kumar, who is serving as the Chief Secretary in Arunachal Pradesh.
Answer: This relates to the functioning of federalism.
Explanation: This event points to India’s integrated administrative system, a unique feature of its federalism. IAS officers are part of the All-India Services, and they are controlled by the central government, even when serving in a state. The transfer of an IAS officer by the Centre to a key post demonstrates this centralizing feature.
CU Status for Manipur University: Rajya Sabha on Wednesday passed a Bill to convert the Manipur University into a Central University with the Human Resource Development Minister promising such institutions in the North Eastern States of Arunachal Pradesh, Tripura and Sikkim as well.
Answer: This relates to the functioning of federalism.
Explanation: Education is a subject in the Concurrent List, where both the Union and State governments can make laws. The central government exercising its power to legislate on a university’s status is an example of how powers are shared and exercised in a federal system.
Funds released: The Centre has released Rs. 553 lakh to Arunachal Pradesh under its rural water supply scheme. The first instalment was of Rs. 466.81 lakh.
Answer: This relates to the functioning of federalism.
Explanation: This is a direct example of financial federalism. States are often dependent on financial grants from the Centre to fund development projects. The release of funds for a specific scheme shows the Centre’s role in distributing resources among the states.
We’ll teach the Biharis how to live in Mumbai: Around 100 Shiv Sainiks stormed J. J. The hospital disrupted daily operations, raised slogans and threatened to take matters into their own hands if no action was taken against non-Maharashtrian students.
Answer: This event challenges the principles of federalism.
Explanation: Federalism promotes national unity while accommodating regional diversity. This incident reflects aggressive regionalism that goes against the idea of a single Indian citizenship, which allows any citizen to live and work anywhere in the country. Such actions threaten national unity.
Demand for dismissal of Government: The Congress Legislature Party (CLP) in a representation submitted to State Governor recently, has demanded dismissal of the ruling Democratic Alliance of Nagaland (DAN) government for its alleged financial mismanagement and embezzlement of public money.
Answer: This relates to the functioning of federalism.
Explanation: This situation highlights a major point of conflict in Indian federalism: the role of the Governor and the use of Article 356 (President’s Rule). The demand for the Governor, who is a representative of the Centre, to dismiss an elected state government is a classic example of Centre-state political tensions.
NDA government asks naxalites to surrender arms: Amid a walkout by opposition RJD and its allies Congress and CPI (M), the Bihar government today appealed to the naxalites to shun the path of violence and reaffirmed its pledge to root out unemployment to usher in a new era of development in Bihar.
Answer: This relates to the functioning of federalism.
Explanation: While law and order is a State subject, issues of internal security like Naxalism often require cooperation between the state and central governments. A state government’s policy announcement on such a critical issue reflects the shared responsibilities and cooperative framework of India’s federal system.
2. Think which of the following statements would be correct. State why.
Federalism enhances the possibility of people from different regions to interact without the fear of one’s culture being imposed upon them by others.
Answer: Correct.
Explanation: Federalism gives states and regions a degree of autonomy, allowing them to govern themselves and preserve their unique culture and language. This assurance of protection reduces the fear of domination by a majority culture, which in turn promotes trust and healthy interaction between people from different regions.
The federal system will hinder easier economic transactions between two different regions that have distinct types of resources.
Answer: Incorrect.
Explanation: A federal system is designed to create a single, unified market. By establishing a common currency, removing internal trade barriers, and having central control over economic matters like banking and foreign trade, federalism actually facilitates easier economic transactions between regions, not hinders them.
A federal system will ensure that the powers of those at the centre will remain limited.
Answer: Correct.
Explanation: The very definition of federalism involves a constitutional division of power between the central government and regional governments. The Constitution is supreme and sets out the jurisdiction for each level of government. This division acts as a check on the Centre, ensuring its powers are limited to the subjects assigned to it.
3. Based on the first few articles of the Belgian constitution – given below – explain how federalism is visualised in that country. Try and write a similar Article for the Constitution of India.
Title I: On Federal Belgium, its components and its territory.
○ Article 1 : Belgium is a Federal State made up of communities and regions.
○ Article 2 : Belgium is made up of three communities: The French Community, the Flemish Community and the German Community.
○ Article 3 : Belgium is made up of three regions: The Walloon region, the Flemish region and the Brussels region.
○ Article 4 : Belgium has four linguistic regions: The French-speaking region, the Dutch-speaking region, the bilingual region of Brussels Capital and the German-speaking region. Each «commune» (county borough) of the Kingdom is part of one of these linguistic regions.
○ Article 5 : The Walloon region is made up of the following provinces: The Walloon Brabant, Hainault, Liege, Luxemburg and Namur. The Flemish region is made up of the following provinces: Antwerp, the Flemish Brabant, West Flanders, East Flanders and Limburg.
Answer:
Federalism in Belgium: The Belgian constitution visualizes a highly complex and unique federal structure. It’s not a simple two-tier system. Instead, power is divided dually: first, based on territory into three Regions (Walloon, Flemish, Brussels), and second, based on language and culture into three Communities (French, Flemish, German). This intricate model is designed specifically to give political autonomy to different linguistic groups, ensuring that no single group can dominate the others. It is a clear example of “holding-together” federalism, where power is shared to maintain unity in a deeply diverse country.
A similar Article for the Constitution of India: Drawing inspiration from the Belgian model and India’s own reality, a similar article for the Indian Constitution could be framed as follows:
Title I: On the Union of India and its Territory
Article 1:
1. India, that is Bharat, shall be a Union of States, structured as a federal entity comprising diverse linguistic, cultural, and ethnic groups.
2. The Union is composed of States and Union Territories, which are primarily organized on a linguistic basis to recognize and promote the distinct identity of its people.
3. The territory of India shall consist of the territories of the States, the Union Territories, and any other territory that may be acquired.
4. Imagine that you were to rewrite the provisions regarding federalism. Write an essay of not more than 300 words making your suggestions about:
● a. division of powers among the centre and the States,
● b. distribution of financial resources,
● c. methods of resolving inter-State disputes and
● d. appointment of Governors
Answer:
To strengthen India’s federal spirit, I would propose several reforms:
First, regarding the division of powers, more subjects should be shifted from the Union List to the State List to empower local governance. The Concurrent List should be expanded, but with a provision that requires the Centre to mandatorily consult with states before legislating on a concurrent subject.
Second, for a fairer distribution of financial resources, states must be given greater powers to raise their own revenue. The criteria for central grants should be made more transparent and equitable, reducing the Centre’s discretion and the states’ dependency.
Third, to resolve inter-state disputes, especially over river waters, the existing tribunals must be empowered with a fixed, non-extendable deadline to give binding awards. An empowered Inter-State Council should be the primary forum for resolving political disputes through negotiation before they escalate.
Finally, the process for the appointment of Governors must be depoliticized. The President should appoint a Governor from a panel of eminent, non-partisan individuals prepared by a committee including the Prime Minister, Chief Justice of India, and the Chief Minister of the concerned state. This would restore the dignity of the office and ensure the Governor acts as an impartial head of state, not as an agent of the Centre. These changes would foster a more cooperative and balanced federalism.
5. Which of the following should be the basis for formation of a State? Why?
● a. Common Language
● b. Common economic interests
● c. Common religion
● d. Administrative convenience
Answer: A combination of Common Language and Administrative Convenience should be the basis for the formation of a state.
Explanation:
○ Common Language has been a powerful and democratic basis for state formation in India. Language is closely linked to culture and identity. Creating linguistic states allows people to conduct their administration, education, and daily affairs in their own language, fostering participation and preserving cultural heritage.
○ Administrative Convenience is equally important. Large states can be difficult to govern effectively, often leading to the neglect of remote areas. Carving out smaller states can lead to more efficient governance and focused development, as seen in the creation of Jharkhand, Uttarakhand, and Chhattisgarh.
○ Basing state formation on common religion would be dangerous for a secular country like India, as it would promote communal division. Common economic interests are often too fluid and can be addressed through economic policies rather than creating new states.
6. Majority of people from the States of north India – Rajasthan, Madhya Pradesh, Uttar Pradesh, Bihar—speak Hindi. If all these States are combined to form one State, would it be in tune with the idea of federalism? Give arguments.
Answer: No, combining these states into one would be fundamentally against the idea and spirit of federalism.
Arguments:
- Ignores Diversity within a Language: While Hindi is a common link, these regions have immense cultural, historical, and social diversity. The dialects, customs, and identities of Rajasthan, UP, MP, and Bihar are distinct. Merging them would submerge these unique regional identities, causing alienation.
- Creates an Administrative Nightmare: This single state would be gigantic in both population and area, making it impossible to govern effectively. The principle of forming smaller states for better administrative efficiency, as was done in 2000, would be reversed.
- Destroys Federal Balance: Such a massive state would have disproportionate political power in national institutions like Parliament. This would create a severe imbalance in the federation, where one state could dominate national politics, which is contrary to the federal principle of shared power among units.
7. List four features of the Indian Constitution that give greater power to the central government than the State government.
Answer: Four features that demonstrate the Constitution’s bias towards a strong central government are:
1. Parliament’s Power Over State Territories: The Parliament has the power to form new states, alter the boundaries of existing states, and even change their names, often without the consent of the concerned state legislature.
2. Emergency Provisions: During an emergency, the federal system can be turned into a highly centralized one. Under Article 356, the Centre can dismiss the state government and take direct control of its administration.
3. Centralized Financial Powers: The Union government controls most of the revenue-generating taxes, making the states heavily dependent on the Centre for financial assistance and grants to carry out their functions.
4. The Office of the Governor: The Governor is appointed by the Centre and has powers to reserve state legislation for the President’s assent and to recommend the imposition of President’s Rule, giving the Union government significant control over the state’s functioning.
8. Why are many States unhappy about the role of the Governor?
Answer: Many states are unhappy about the Governor’s role because the office has often been used by the central government to undermine the authority of elected state governments.
○ The Governor is appointed by the central government and often acts as its
agent, rather than as an impartial constitutional head.
○ This role becomes highly controversial when the Centre and the state are ruled by different political parties, leading to accusations that the Governor’s actions are politically motivated to interfere in the state’s functioning.
○ The Governor’s discretionary powers, such as recommending President’s Rule (Article 356), have been misused to dismiss state governments even when they had a majority in the legislature
9. President’s rule can be imposed in a State if the government is not being run according to the provisions of the Constitution. State whether any of the following conditions are a fit case for imposition of President’s rule in the State. Give reasons.
Two members of the State legislative assembly belonging to the main opposition party have been killed by criminals and the opposition is demanding dismissal of the State government.
Answer: Not a fit case.
Reason: This is a serious law and order issue, not a “breakdown of constitutional machinery”. It should be handled by the police and judiciary. Using Article 356 here would be a misuse of power.
Kidnapping of young children for ransom is on rise. The number of crimes against women are increasing.
Answer: Not a fit case.
Reason: While this indicates poor governance and a failure of law and order, it does not constitute a situation where the government cannot be carried on according to the Constitution. It is a matter of administrative performance, not constitutional failure.
No political party has secured a majority in the recent elections of the State Legislative Assembly. It is feared that some MLAs from the other parties may be lured to support a political party in return for money.
Answer: Not a fit case.
Reason: A hung assembly is a political situation that requires a political solution. The Governor should first explore all possibilities of forming a stable government. The mere fear of horse-trading is not a ground for imposing President’s Rule.
Different political parties are ruling in the State and at the centre and they are bitter opponents of each other.
Answer: Not a fit case.
Reason: This is a normal and healthy aspect of a multi-party federal democracy. Political opposition between the Centre and a state is not a constitutional breakdown.
More than 2000 people have been killed in the communal riots.
Answer: This could potentially be a fit case.
Reason: If a state government fails to control such large-scale violence, it can be argued that it has failed in its fundamental constitutional duty to protect the lives of its citizens. This could be interpreted as a breakdown of the constitutional machinery.
In the water dispute between the two States, one State government refused to follow the decision of the Supreme Court.
Answer: This is a fit case.
Reason: Openly defying a final judgment of the Supreme Court is a clear violation of the Constitution and the rule of law. It means the state government is not being run in accordance with constitutional provisions, justifying the use of President’s Rule.
10. What are the demands raised by States in their quest for greater autonomy?
Answer: In their quest for greater autonomy, states have raised the following four major demands:
1. Legislative Autonomy: States demand that the constitutional division of powers be changed in their favor, giving them more subjects to legislate on and limiting the Centre’s powers.
2. Financial Autonomy: States want greater control over financial resources and independent sources of revenue to reduce their dependence on central grants.
3. Administrative Autonomy: States resent the Centre’s control over the administrative machinery, particularly the All-India Services (IAS, IPS), and demand more say in the functioning of bureaucracy within their territory.
4. Cultural and Linguistic Autonomy: Demands have also been made to protect and promote regional languages and cultures, resisting any perceived domination by the central government or Hindi-speaking regions.
11. Should some States be governed by special provisions? Does this create resentment among other States? Does this help in forging greater unity among the regions of the country?
Answer:
○ Should they have special provisions? Yes. In a diverse country like India, a “one-size-fits-all” approach is not always effective. Special provisions are provided to some states to accommodate their unique social and historical circumstances, particularly to protect the distinct culture and history of their indigenous populations, as seen in the North-East. This system is known as asymmetrical federalism.
○ Does it create resentment? It can sometimes lead to feelings of unequal treatment among other states that may demand similar special status. However, these provisions are generally understood as necessary for managing India’s unique diversity.
○ Does it help forge unity? Yes, ultimately it does. By acknowledging and protecting the unique identities of certain regions, these special provisions give them the confidence to be a part of the Indian Union without fear of losing their culture. This policy of accommodation helps prevent alienation and secessionist feelings, thereby strengthening national unity in the long run.
