(VII) Federalism

 TEXTUAL QUESTIONS AND ANSWERS

PART – A

Q.1. Think which of the following statements would be correct. State way.

(i) Federalism enhances the possibility of people from different regions to interact without the fear of one’s culture being imposed upon them by others.

(ii) Federal system will hinder easier economic translation between two different regions that have distinct types of resources.

(iii) A federal system will ensure that the powers of those at the center will remain limited.

Ans :- (i) Federalism enhances the possibility of the people from different regions to interact without fear of one’s culture being imposed upon them by others. The statement is correct because in federalism, the federal government is a system in which the totality of governmental powers is divided and distributed by the National constitution between central government and the government of the individual states or other territorial sub divisions of which the federation is composed.

(ii) It will not happen. As the resources are of distinct types, federalism will give impetus to the economic translation amongst the different regions.

(iii) Certainly the federalism implies more powers to the constituting unit of federation.

Q.2. Based on the first few articles of Belgium constitution – given below – explain how federalism is visualized in that country. Try and write a similar Article for the constitution of India.

Title I : On Federal Belgium, ist components and its territory.

Article 1 :- Belgium is a Federal state made up of communities and regions.

Ans :- In Indian constitution Article 1 says India that is, Bharat shall be a union of states 

Article 2 :- Belgium is made up three communities. The French community, the Flemish community and the German community.

Ans :- India aspires to be a society that is free of caste discrimination but the seats in each province were distributed among three main communities, Hindu, Muslims, Sikhs and general.

Article 3 :- Belgium is made up of three regions. The Walloon region, the Flemish region and the Brussels region.

Ans :- In India there is a union of 28 states and seven Union Territories. According to Art 1: (i) India, that is, Bharat shall be a union of states.

(ii) The states and union territories there of shall be as specified in the first schedule.

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 ( country borough) of the kingdom is part of one of these linguistic regions.

Ans :- In the constitution of India the right schedule describes different languages. Eighteen languages and given in this schedule – Assamese, Bengali, Gujrati, Hindi Kannada, Kashmiri, Konkani, Malayalam, Monipuri, Marathi, Nepali, Oriya, Punjabi, Sanskrit, sindhu, Tamil, Telugu, Urdu, These languages are spoken in different regions of India. Article 344 (i) and 351.

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.

Ans : Art 1 (ii) States the states and the union territories there of shall be as specified in the First schedule.

Q.3. Imagine that you were to rewrite the provisions regarding federalism. Write an essay not more than 300 words making your suggestions about –

(a) Division of powers among center and the states.

(b) Distribution of financial resources.

(c) Methods of resolving inter state disputes. and

(d) Appointment of Governors.

Ans :- Federalism :- As we know the federalism is an institutional mechanism to accommodate two sets of politics – one at the regional level and the other at the national level.

Division of Powers :- There are two sets of governments the Central Government and the State Governments. The disputes between the two are settled by the judiciary and the constitution is supreme. The constitution clearly democratic the subjects. It shows how the powers are distributed between the center and the states. The centre has the important powers. The economic and financial powers are centralized in the hands of the Central Government by the constitution.

Distribution of financial resources :- There are certain taxes which are levied by the centre, but are collected by the states e.g. stamp duty and the taxes on the production of medicines and cosmetic preparations. There are certain other taxes which are levied and collected by the centre and are distributed among the states. 

Taxes included in this category are duties on the succession of property other than agricultural land, terminal taxes on goods or passengers carried by our, sea or railway, taxes on railway freights and fares, taxes on newspapers, taxes on state trade or commerce etc are taken by the centre. Some other taxes are such as levied and collected by the centre but those are distributed between center and the states. 

Income tax on the income other than that from the agricultural land is included in this centre and the state on the recommendation of the Finance commission. States of Assam, Bihar Orissa and west Bengal are given grants in lieu of export duty on jute and jute products.

Methods of resolving inter – state disputes : In the public interest, the parliament may establish an inter- state council it deems so necessary. This council enquiries into the inter – state disputes and then finally submit its report or recommendations to the parliament.

Haryana, Punjab dispute on Chandigarh, Madhya Pradesh, Gujarat and Maharashtra have dispute over sharing the water of Narmada river.

Appointment of Governors :- The Governors of the state are appointed by the president on the advice of the council of Ministers of the centre. He has the power to remove them as well. That is why the Governors normally work as representatives of the Central Government in the States. They inform the centre about the conditions of the state off and on.

Q.4. Which of the following should be the basis for the formation of a State? Why?

(a) Common longue. 

(b) Common economic interest.

(c) Common religion.

(d) Administrative convenience.

Ans :- The administrative convenience should be the bases for formation of a State because now-a-days the people and the political process must develop a culture and a set of values and virtues like mutual trust, tolerance and a spirit of cooperation. Federalism celebrates both unity as well as diversity. But is a federation, different units (states) are formed on the basis of common linguistic regions.

Q.5. 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.

Ans :- No, it does not seem to be in tune with the idea of federalism, because it would not be in such a position that it would be called federation. As we know the federation has many characteristic, unity in diversity or we can say that federalism is an institutional mechanism to accommodate two sets of politics one at the regional level and the Hindi speaking regions or the northern states are combined then there would be only a single unit or the new state would be unitary and not a federation.

Q.6. Why are many states unhappy about the role of the Governor?       

Ans :- The role of the Governor has always been a controversial issue between the states and the centre. The action of the Governor are often viewed as interference by the central government. When two different parties are in power at the center and the state, the rule of Governor becomes even more controversial According to Article 356, the Governor has the power to recommend the dismissal of the state government and suspension or dissolution of the state assembly. In the decades of 1980s the central government removed elected governments in the Andhra Pradesh and Jammu and Kashmir. In Bihar, also in 2005, the state Assembly was dissolved by the president on the recommendation of Governor Sh. Buta Singh through the supreme court latter pronounced unconstitutional. Due to these type of actions or due to such type of role of the Governor, the states have been unhappy.

Q.7. 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 of imposition of president’s rule in the state. Give reasons.

(i) 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.

(ii) Kidnapping of young children for ransom is on rise. The number of crimes against women are increasing.

(iii) No political party has secured majority in the recent elections of the state legislative Assembly. It is treated that some MlAs from the other parties may be lured to support a political party in return for money.

(iv) Different political parties are ruling in the sate and at the center and they are bitter opportunities of each other.

(v) More than 2000 people have been killed in the communal riots.

(vi) In the Water disputes between the two states, one states government refused to follow the direction of the supreme court.

Ans :- (i) Two members of the state Legislative Assembly belonging to the main opposition party have been killed by Criminals. It does not show that Constitutional machinery has failed or is on the verge of collapse. This can’t be construed as a reason for invoking Article 256.

(ii) Again this do not imply that the constitutional machinery has failed and are not the fit cased for invoking Article 356.

(iii) It is feared that some MlAs from the other parties may be lured to support a political party in return for money. Unless and until there is a substantive professor of horse trading, this situation can not be a fit core for imposition of the president’s rule.

(iv) The very fact that two different parties are ruling in the state and at the center is the strength of federalism. Their being the bitter opponents of each other, is no excuse for the invocation of Article 356.

(v) More than 2000 people have died in the communal riots. It clearly shows that a grave law and order problem exists in the state. It implies the complete failure of the Constitutional machinery. The basic right to live is being violated. It may be a fit care for the imposition of president’s rule.

(vi) Inter-State disputes comes under the original Jurisdiction of supreme court. The state government has refused to follow the direction of the supreme court. It clearly shows that the administration in the state is being not carried out according to the provision of the constitution. It may be a fit case for the imposition of the president’s rule.

Q.8. What are the demands raised by states in their quest for greater autonomy?

Ans :- The states have raised the demands or autonomy. This sense of autonomy has different meaning and different methods have been adopted by different states and different parties. Some states want to get more powers than the centre one of the demands for autonomy is that states should have independent sources of revenue. In the autonomy demands of Tamil nadu and Punjab also there was implicit support to the idea of greater financial powers. 

The states resent the control of the centre over the administrative machinery. Autonomy demands may also be related to cultural and linguistic issue. Residual powers have been allotted to the centre by the constitution. But some of the states think that they are in a weak position and that the centre’s position is very strong and that harm their interests. Parliament is empowered to enact laws on the state subjects given in the state list. The states feel helpless at this.

Q.9. 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?

Ans :- When some states are being government by special provisions, it creates resentment among other states. For example, before the existence of Uttaranchal, the people living in any part of Uttar Pradesh could buy property any where they wanted. But now Uttaranchal only those people who reside in the region of Uttaranchal can purchase land but not the people of Uttar Pradesh are entitled to purchase the agricultural land in Uttaranchal while the people of Uttaranchal can purchase the agricultural land in Uttar Pradesh. This situation creates resentment among the people of Uttar Pradesh or other States. 

Like this Jammu and Kashmir has special status (Art 370). According to this Art. 370, Jammu and Kashmir has been given much autonomy. Most of the special provisions pertain to the north eastern states Assam, nagaland Arunachal Pradesh, Mizoram etc. largely due to a sizeable indigenous tribal population with a distinct history and culture, which they wish to retain (Art. 371) special provisions also exist for hill states like Andhra Pradesh, Goa, Gujrat, Maharashtra and Sikkim, etc. The other state resent that the division of powers should be common to all the states.

Q.10. How are legislative powers distributed between the center and the states?

Ans :- The constitution of India delineates three lists: (i) Union List (ii) State List and (iii) Concurrent List based on the Government of India Act 1935. Parliament has the exclusive power to legislate on the matters enumerated in the union list which contains 97 items. The State Legislatures have the exclusive power to legislate with respect to matters enumerated in the state list which contains 66 subjects. The parliament’s, as well as state Legislatures, may legislate over them. The residuary powers are given to the union parliament.

Legislative Relations between the center and the states of India:

(i) Union List :- Before the 42nd Amendment in the union list. But now after this amendment, at present the union list contains 98 subjects. The law on all these 98 subjects can be formed by the Federal Government i.e. the parliament of India. The list contains subjects of national importance these subjects concern all the citizens equally subjects mentioned in this list are defence, foreign affairs, peace and war, communications railways, post and telegraphs, currency, etc.

(ii) State List :- Before 42 and Amendment there were 66 subjects in this list. But by 42nd Amendment number of state subjects is reduced to 62. These subjects can be legislated upon by the states. Subjects mentioned in these lists are like law and order, police, jail, public health, education agriculture, local self- Government, hospital, justice, organisation of judiciary etc.

(iii) Concurrent List :- Originally there were 47 subjects in the concurrent list. But by 42nd Amendment it is increased to 52 subjects. The subjects mentioned in the concurrent List are like the marriage, divorce, criminal law, civil procedure, trust, newspapers, books, printing presses, electricity, price control, economic and social planning, trade unions, labour welfare etc.

(iv) Residuary Powers :- Residuary powers have been allocated to the Central Government by the constitution. But in the USA and Switzerland the residuary powers have been given to the states. It seems that the framers of the constitution have fallowed the Canadian example with a view to make the centre very strong

(v) Powers of union parliament to enact laws on the state List :- The constitution gives the states the power to frome laws on all the subjects included in the state List. But the central Government has the authority to interfere even in these powers of states under certain special circumstances given below-

(a) If the Rajya Sabha passes a resolution with 2/3 majority of the members present and voting saying that subjects she attained national importance. Such a resolution of the Rajya Sabha will give the parliament the legislative powers for one year at a time.

(b) If any two or more states request the union parliament to legislate on a subject given in the state list then union parliament enacts law on the subjects.

(c) Parliament is empowered to pass laws on the state subjects for the state in which emergency has been proclaimed because of the failure of constitutional machinery of the state.

(d) The parliament has the authority to pass laws on any subjects of the state list during the emergency proclaimed because of war and external aggression, etc. Such a law may be made for the whole of India or any part thereof.

Q.11. Discuss the Federal Features of the Indian constitution.

Ans :- The federal features of Indian constitution are can be discussed as under-

(i) Division of Powers :- Like every other federal constitution, the constitution of India divides powers between the union Government and the state Governments. It divides all the subjects in 3 parts : (a) Union subjects (97), over which the union Government legislated and administers them in the while of India.(b) State subjects (66), over which each state government legislated and administers them in its own territory; and (3) concurrent subjects (47) over which both the union and state Government can legislate. Both the centre and the states derive their powers from the constitution.

(ii) Dual administration :- India establish dual polity. Each citizen is subject to two government-the government of the state in which he resides and the Government of India. He participates in election to both these governments and obeys the central as well as state laws. He pays taxes to both the government’s just as both of these act to provide him with service in their respective areas as stated demarcated by the constitution.

(iii) Written Constitution :- India has a written constitution that lays down the division of powers between the union and the states. clearly defines the scope of powers of these two tiers of the federation and discusses in its parts XI and XII (Articles 245 to 300), the legislative administrative and financial relationships between them.

(iv) Rigidity of the constitution :- The constitution of India, under Art 368, lays done a special procedure of amendments of the constitution particularly in respect of amendment of federal provisions, like the articles covering union states relations, it provides for a very rigid method. It stipulates firstly the amendment proposal shall be passed by each of the two Houses of the union parliament individually by a majority of total membership and 2/3rd majority of the members present and to the state legislatures for consent and it become an act only with the concurrence of half of the several state legislatures.

(v) supremacy of the constitution :- Both the union Government and state Government derive their powers from the constitution. Both exercise their respective powers in accordance with constitutional provisions. The supreme court of India safeguards the supremely of judicial review over the union and state laws

(vi) Special Rule of Judiciary :- The constitutions of India provides for an independent judicial system with the supreme court at its head. The supreme court has the power to settle the disputes arising between the union and state as well as among the states. It is the final interpreter of the constitution. Supremacy of the Judiciary is a natural consequence of the supremacy of the constitution of India.

(vii)  Bicameral union Parliament :- A bicameral legislature is again considered as an essential features of a federal constitution. In such a legislature the upper House represents the states of the federation. The Indian constitutions who provides for a bi- cameral union parliament with the council of State (Rajya Sabha) as the upper House and the House of people (Lok Sabha) as the lower House. All these Features show the federal character of the Indian constitution.

Q.12. Discuss the unitary features of the Indian constitution.

Ans :- The following features reflect the unitary character of the Indian constitution :

(i) A very strong centre :- The unitary character of the Indian constitution is demonstrated fully by its provisions which establish a very strong central government. In ignores the true spirit of division of powers by making the union substantially more powerful than the states.

(ii) The power of the centre to reorganize the states or change their Boundaries :- Under the constitution (Art 3), the union Government can change the boundaries of the states, even without the consent of the concerned states. Article 3 empowers the union parliament to change by law the territories, areas and boundaries of the states.

(iii) Emergency provisions of the constitution :- Emergency provisions of the Indian constitution (Part XVIII) also reflects the Unitarian spirit of the constitution. In the event of an emergency arising due to an external aggression or war against India or due to an internal armed rebellion, the president can, under Article 352, declare a national emergency in India. In such an event, it becomes the duty of the states to follow the central directives and authority.

(iv) Control of union over states in certain cases :- Each state of the Indian union has been assigned the duty, under Art 256, to exercise its executive authority in such a manner as can ensure compliance of union laws. For this purpose, the union can give necessary directions to the states.

(v) Single Constitution :- The Indian constitution is a single unified common constitution for the union as well as for the states. In India, the states, with the exception of Jammu and Kashmir, do not have their separate constitutions. But in the true federation, like the U.S.A. and Swiss federations, the right of the states to have their separate constitutions is a sacred right and in various states different types of political institutions based on local aspirations are at work.

(vi) Single citizenship :- Unlike a truly federal constitution, the constitution of India provides for a single uniform citizenship to all the citizens irrespective of their domicile. In federations like that of the U.S.A., the people enjoy a dual citizenship single citizenship in India has been provided for emphasizing the oneness of the Indian people, nevertheless it is definitely an unfederal feature.

(vii) Single integrated Judicial System :- Even while adopting the federal structure incorporating a division of powers between the union and states, the constitution of India provides for a single integrated judiciary common for the union and the states. The states in India, unlike their counterparts in other federation like the U. S.A. and Switzerland, do not enjoy the right to have their own judicial system.

(viii) Centralised Planning :- The Indian constitution provides for centralized and economic planning. The planning commission is a central agency. It is headed by the prime Minister. The planning commission formulated the Five Year plans, allocates industries and resources to the states.

(ix) Unequal he presentation of the states in the Rajya Sabha :- In the Indian union, the states do not enjoy equality of representation in the union. They get seats in the Rajya Sabha in proportion to their populations and as fixed by the constitution. This system is different from the one prevailing in federations like that of the U.S.A. and Switzerland when in each state of the federation, irrespective of the size of its population or territory, sends two representatives the upper House of the federal legislature.

(x) Financial superiority of the centre :- The constitution of India lays down in detail the financial relations between the center and the states, part XII and part XIII. The Finance commission is a semi- judicial body, and on the whole it has been fair in the allocation of funds the states. Yet it too bears the stamp of being a central commission.

All features reflect the unitary spirit or character of the Indian ‘Union of the states’