Federalism

Introduction

Federalism is a system of government where power is divided between a central authority and various constituent units (states, provinces). In a federal system, both levels of government are independent in their own spheres and their powers are protected by the constitution. This chapter examines India's federal system and the journey towards decentralisation.

1. Federal vs Unitary Systems

Key point: No system is purely federal or unitary. India is sometimes called 'quasi-federal' because it has both federal and unitary features.

2. Key Features of Indian Federalism

1. Two or more levels: India has three levels — Union (Central), State, and Local (Panchayats/Municipalities).
2. Constitutional division of powers: The Constitution clearly divides subjects between the Union, State, and Concurrent Lists.
3. Supreme Court: The Supreme Court resolves disputes between the Centre and States.
4. Independent judiciary: The judiciary is independent and can strike down unconstitutional laws.
5. Financial independence: States have their own sources of revenue (e.g., GST, property tax).
6. Single constitution: Unlike the USA, India has a single constitution for both the Union and the States.

Unitary Features of Indian Federalism

India also has some unitary features:

• Strong Centre: The Union government can override state laws on Concurrent List subjects.
• Single citizenship: All Indians have only one citizenship (unlike USA where there is state and federal citizenship).
• President's Rule: The Centre can take over a state government under Article 356.
• Appointment of Governor: The Governor (state head) is appointed by the President (Centre).
• All-India Services: IAS, IPS, and IFoS officers are recruited by the Centre but work for states.

Exam Tip: A 5-mark question often asks: 'Explain why India is a federal country with unitary features.' You should list both sets of features.

3. Division of Powers: The Three Lists

The Constitution divides subjects into three lists, based on the 7th Schedule.

Residuary Subjects

Subjects not mentioned in any list (e.g., information technology, space exploration) fall under the Union List — only Parliament can make laws on them.

Common mistake: Students think Education is on the State List. It was moved to the Concurrent List by the 42nd Amendment (1976).

4. Decentralisation: Why Is It Needed?

Despite having three lists, powers were still concentrated at the Centre and State levels. Local issues (water, sanitation, roads) needed local decision-making.

• Need for local democracy: Decisions that affect local communities should be made locally.
• People's participation: Decentralisation brings government closer to the people.
• Rural-urban divide: Different problems need different solutions.

5. The 73rd and 74th Amendments (1992)

These constitutional amendments created a third tier of democracy — local self-government.

73rd Amendment (Panchayati Raj in Rural Areas)

• Gram Panchayat: The basic unit at the village level.
• Panchayat Samiti (Mandal Parishad): At the block level.
• Zilla Parishad: At the district level.

74th Amendment (Nagarpalika in Urban Areas)

• Municipal Corporation: For large cities.
• Municipality: For smaller towns.
• Nagar Panchayat: For transitional areas (rural to urban).

Key Features of Both Amendments

• Regular elections: Mandatory elections every 5 years.
• Reservations: One-third of seats reserved for women; proportional reservation for SC/ST.
• State Election Commission: For conducting local body elections.
• State Finance Commission: To review financial position of local bodies.
• Specific subjects: Local bodies can handle 29 specific subjects (e.g., drinking water, roads, primary health, sanitation).

Exam Tip: The 73rd and 74th Amendments are frequently asked. Know the year (1992), the reservation percentages, and the subjects transferred.

6. AP Panchayati Raj System

Andhra Pradesh has a well-established Panchayati Raj system with a unique feature:

Structure in AP

• Gram Panchayat: At village level.
• Mandal Parishad: At mandal (block) level — AP's unique approach. Most states use 'block', but AP uses 'mandal' as the intermediate level.
• Zilla Parishad: At district level.

AP's Innovations

• Direct elections: Members of Gram Panchayats and Mandal Parishads are directly elected.
• Reservations in AP: AP provides 50% reservation for women in local bodies (higher than the constitutional minimum of 33%).
• AP Panchayat Raj Act, 1994: Implements the 73rd Amendment in AP.
• Village secretariats: AP has introduced village secretariats to bring government services to the doorstep.

AP Board Focus: AP's Panchayati Raj system is a specific topic. Questions on AP's mandal system, reservations for women, and village secretariats are common.

7. Summary of Key Dates

8. Quick Self-Test (with Answers)

Q1: What is federalism? A1: A system of government where power is divided between a central authority and state units, both protected by the constitution.

Q2: Name the three lists that divide powers in India. A2: Union List, State List, and Concurrent List.

Q3: Which list contains subjects of national importance? A3: The Union List (e.g., defence, foreign affairs, currency).

Q4: What is the intermediate level of Panchayati Raj in AP called? A4: Mandal Parishad (mandal level).

Q5: What is the minimum reservation for women in local bodies as per the 73rd Amendment? A5: One-third (33.3%). AP provides 50%.

Q6: What is a residuary subject? A6: A subject not mentioned in any of the three lists. It falls under the Union List.

Q7: Which amendment made Education a Concurrent List subject? A7: The 42nd Amendment (1976).

Q8: What are the three tiers of Panchayati Raj? A8: Gram Panchayat (village), Panchayat Samiti/Mandal Parishad (block), Zilla Parishad (district).

Q9: Mention one unitary feature of Indian federalism. A9: President's Rule (Article 356), single citizenship, or the appointment of Governors by the Centre.

Q10: What did the 74th Amendment establish? A10: Urban local self-government — Municipal Corporations, Municipalities, and Nagar Panchayats.

9. AP Board Exam Focus