This article is written by Akalya Shanmugam a final year law student from Government Law College (Coimbatore), Tamilnadu Dr.Ambedkar Law University.
INTRODUCTION:
Federalism in India refers to the system of government in which powers are divided between a central authority and individual states or provinces. The Constitution of India, which was adopted in 1950, establishes a federal system of government in which both the central government and the state governments have distinct powers and responsibilities. Under this system, the central government, also known as the Union government, is responsible for defense, foreign policy, and certain economic and social welfare policies, while the state governments are responsible for education, law enforcement, and other areas of governance. This allows for both a strong central government to address national issues and for individual states to maintain their own cultural and economic identities. Additionally, Indian federalism also includes a third tier of government, the Panchayats and the Municipalities, which are responsible for local governance and administration.
THE EMERGENCE OF FEDERALISM IN INDIA:
The emergence of federalism in India can be traced back to the colonial period, when British India was divided into provinces governed by a governor appointed by the British Crown. After India gained independence in 1947, the framers of the Constitution of India, which was adopted in 1950, sought to establish a federal system of government that would balance the power between the central government and the states. Significant acts in the emergence of federalism in India include:
1.Government of India Act 1935: This act provided for a federal structure of government in British India, with the British Crown as the head of the federation and the provinces and princely states as the units.
2.Cabinet Mission Plan 1946: This plan proposed a federal structure of government for independent India, with residuary powers vested in the provinces.
3.StatesReorganization Act 1956: This act reorganized the states of India on the basis of linguistic lines, which led to the creation of 14 states and 6 union territories.
4.The 73rd and 74th Constitutional Amendment Act 1992: These acts provided for the creation of Panchayats and Municipalities as the third tier of government, which have the power to govern and administer local areas.
JUDICIAL CHARACTER OF FEDERALISM IN INDIA:
There are several notable case laws in India that have shaped the judicial character of federalism in the country. Some of the key cases that have influenced the interpretation of federalism in India include:
The State of West Bengal v. Union of India (1964): This case dealt with the issue of the distribution of resources between the Union and state governments. The court held that the Union government cannot discriminate against states in the distribution of resources and must ensure that the distribution is made on the basis of need and not on the basis of political considerations.
Golaknath v. State of Punjab (1967): This case dealt with the issue of the power of the Union government to amend the Constitution. The court held that the Union government does not have an absolute power to amend the Constitution and that certain fundamental rights cannot be amended.
Kesavananda Bharati v. State of Kerala (1973): This case dealt with the issue of the power of the Union and state governments to amend the Constitution. The court held that the Union and state governments have the power to amend the Constitution, but certain basic features of the Constitution, such as the federal structure and the protection of fundamental rights, cannot be amended.
S. R. Bommai v. Union of India (1994): This case dealt with the issue of the power of the Union government to impose President’s rule in a state. The court held that the Union government cannot impose President’s rule arbitrarily and must follow the procedures laid out in the Constitution.
B. R. Kapoor v. State of Tamil Nadu (2000): This case dealt with the issue of the power of the Union government to acquire land for public purposes. The court held that the Union government cannot acquire land arbitrarily and must follow the procedures laid out in the Constitution and must also compensate the land owners adequately
Narmada Bachao Andolan v. Union of India (2000): This case dealt with the issue of the protection of the rights of citizens and the environment. The court held that the Union and state governments have a constitutional duty to protect the rights of citizens and the environment and must not act in a way that violates these rights.
Federalism in India has both merits and demerits. Some of the key advantages of federalism in India include:
Decentralization of power: Federalism ensures that power is decentralized and not concentrated in the hands of a single central government. This allows for more effective and efficient governance at the local level, as decisions can be made based on the specific needs and requirements of the region.
Promotion of diversity: Federalism allows for the recognition and preservation of the diversity of cultures, languages, and traditions within the country. This helps to foster a sense of unity and belonging among the different regions and communities of the country.
Protection of minority rights: Federalism allows for the protection of the rights of minority communities and regions. This is important in a country like India, which is home to a large number of minority communities, languages and religions.
Flexibility: Federalism allows for flexibility in governance, as different regions can have different laws and policies to suit their specific needs and requirements.
However, federalism in India also has some drawbacks, including:
Increased complexity: Federalism can lead to increased complexity in governance, as there are multiple levels of government and different laws and policies in different regions. This can make it difficult for citizens to navigate and can lead to confusion and inefficiency.
Potential for conflict: Federalism can lead to potential conflicts between the Union government and state governments, as well as between different state governments, over issues related to the distribution of power and resources.
Lack of uniformity: Federalism can lead to lack of uniformity in laws and policies across the country, which can create disparities and inequalities between different regions.
Financial crisis: Federalism may create financial crisis, as states are not capable of generating enough revenue to sustain their own development and often depends on the center for financial aid.
Overall, federalism in India has both advantages and disadvantages, and it is important for the government to strike a balance between decentralization of power and maintaining a unified and cohesive country.
CONCLUSION :
Federalism is an important principle of governance in India. It is rooted in the Constitution and has been shaped and interpreted through case law over the years. Federalism in India allows for decentralization of power, promotion of diversity, protection of minority rights and flexibility in governance. The Government of India has to strike a balance between decentralization of power and maintaining a unified and cohesive country. The judicial system in India has played an important role in interpreting the constitutional principles of federalism and ensuring that they are upheld. Federalism in India continues to evolve and adapt to the changing needs and realities of the country.
REFERENCES:
1.Indian Constitutional Law, M.P. Jain, LexisNexis Publication.
2.Introduction to the Constitution of India, Dr. Durga Das Basu, 20th Edition Reprint 2011, LexisNexis Butterworths Wadhwa Nagpur Publication.
3.Constitutional Law, Mamta Rao, Eastern Book Company, Lucknow
4.https://indiankanoon.org/search/?formInput=federalism%20in%20constitution+doctypes:judgments
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