Federal Structure of India
– Two Categories of Federations
Within a federal structure, there exist two autonomous seats of power, each operating independently within its designated sphere. This system differs from a unitary structure by constitutionally dividing sovereignty between two territorial levels, allowing each level to exercise independent authority in certain domains.
Two types of federations are:
-
Holding Together Federation:
In this type, powers are shared among various constituent parts to accommodate diversity within the entire entity. Typically, powers lean towards the central authority. Examples include India, Spain, and Belgium.
-
Coming Together Federation:
In this type, independent states unite to form a larger entity. Here, states enjoy greater autonomy compared to the holding together federation. Examples include the USA, Australia, and Switzerland.
Federal Structure of India Features
Federal Structure of India in Detail
India’s Governance Framework
The governance system in India is characterized by a 'federal structure,' wherein authority and duties are dispersed among various levels of government. Within this federal framework, the Union Government, State Governments, and Local Governments possess the authority to generate revenue and allocate expenditures. These governmental tiers wield the power to mobilize resources through diverse taxation methods and non-tax avenues, utilizing these funds for various sectors and issues.
The necessity for a federal structure in India emerged from the extensive geographical expanse and cultural diversity of the nation. These factors demand adaptable governance approaches concerning policies and implementation across different regions. While the federal structure provides flexibility for each tier of government to focus on its specific needs, it also introduces complexity in terms of responsibilities, resource mobilization, and potential overlaps between tiers.
India's federal structure, divided into three sub-sections with the following objectives:
1. Allocation of responsibilities among the three tiers of government
2. Operational mechanisms employed by different government levels in fulfilling their responsibilities
3. Distribution of power to raise resources among the three tiers of government
Allocation of Responsibilities Across the Three Tiers of Government
Examining the Division of Duties
Article 246 of the Indian Constitution addresses the Seventh Schedule, outlining the allocation of responsibilities between the Union and State Governments through three distinct lists: the Union List, State List, and Concurrent List. The Union List and State List delineate the respective responsibilities of the Union and State Governments. Meanwhile, the Concurrent List identifies areas where both levels of government can legislate. In the event of a conflict, laws enacted by the Union Government supersede those made by the State Government.
Detailed Responsibilities of Each Tier of Government
Union Government
-
Defence:
Ensuring both internal and external security, the Union Government oversees the army, navy, air force, and auxiliary forces like the Central Reserve Police Force (CRPF) and Central Industrial Security Force (CISF).
-
International Relations:
Managing relationships with other countries and multilateral organizations falls within the purview of the Union Government. State Governments, though involved, typically require approval from the Centre in this domain.
-
Ports:
Oversight of international and inland waterways, crucial for transportation.
-
Railways:
Full responsibility for the nation's railway system.
-
National Highways:
The Union Government manages national highways, connecting state capitals, major cities, and spanning multiple states.
-
Airways:
Jurisdiction over aircraft, air navigation, and related matters.
-
Monetary Policy:
Handling aspects of the monetary economy, including note issuance and withdrawal, financial institution regulation, and oversight through institutions like the Reserve Bank of India (RBI) and Securities and Exchange Board of India (SEBI).
State Governments
-
Public Order:
Ensuring peace and preventing actions that violate the human rights of individuals or groups.
-
Police:
Enforcing law and justice through state police forces.
-
Public Health:
Addressing health issues and disease prevention.
-
Hospitals and Dispensaries:
Providing health services for both cure and prevention.
-
Sanitation:
Managing waste collection, water supply, and sanitation-related issues.
-
Agriculture:
Overseeing all matters related to agriculture, including education, research, pest protection, and disease prevention.
Combined Responsibilities of Union and State Governments
-
Justice:
Enforcing law through the judicial system, excluding the Supreme Court.
-
Education:
Managing all aspects of education, including technical, medical education, and universities.
-
Trade Unions:
Addressing labor-related issues.
-
Forests:
Formulating policies related to forests.
Local Bodies:
India's three-tier governance system includes Local Governments, operating in urban and rural areas.
Urban Local Government / Body
-
Municipal Corporations / Nagar Nigam:
Serving large urban areas.
-
Municipal Councils / Municipalities / Nagar Palika:
Catering to smaller urban areas.
-
Town Area / Notified Area Councils / Nagar Panchayats:
Managing areas transitioning from rural to urban.
Rural Local Government / Panchayati Raj System
-
District / Zilla Panchayats
-
Block / Mandal / Taluka Panchayats
-
Gram Panchayats
Financial Powers
Local bodies' financial powers are determined by state legislatures, leading to variations in powers and functions across states. The Twelfth Schedule of the Constitution outlines the functions of Urban Local Bodies.
There exists significant variation in the allocation of mandatory and optional functions to Urban Local Bodies among different states. For instance, in Maharashtra, municipalities are obligated to undertake functions like planning for social and economic development, urban forestry, environmental protection, and the promotion of ecology. In contrast, these functions are discretionary for municipalities in Karnataka.
As for Panchayati Raj Institutions, the Eleventh Schedule of the Constitution provides an illustrative list of 29 items. Rural Local Bodies are anticipated to actively participate in the planning and execution of initiatives related to these 29 items.
Federalism in India
India operates as a
federal system
with a leaning towards a unitary government. Often considered a
quasi-federal system,
it amalgamates features of both federal and unitary systems. While the term "federation" is absent in the constitution, federal elements were introduced in
1919 through the Government of India Act.
Federal Features of the Indian Union
1. Governments at Two Levels:
Both central and state governments coexist.
2. Division of Powers:
Three lists in the Seventh Schedule allocate subjects to the Union, State, and Concurrent Lists.
3. Supremacy of the Constitution:
The constitution is the supreme law in India, upheld by the judiciary.
4. Independent Judiciary:
Integrated judiciary structure with the Supreme Court at the pinnacle.
Unitary Features of the Indian Union
1. Flexibility of the Constitution:
A blend of flexibility and rigidity; certain provisions can be easily amended.
2. More Power with the Centre:
The constitution grants more powers to the Union List, allowing parliament to override state laws in certain matters.
3. Unequal Representation in Rajya Sabha:
States' representation is based on population, deviating from equal representation in an ideal federal system.
4. Executive as Part of Legislature:
Both central and state executives are part of their respective legislatures.
5. Lok Sabha's Dominance:
The Lok Sabha holds more power than the Rajya Sabha.
6. Emergency Powers:
The central government gains increased control over states during emergencies, impacting state autonomy.
7. Integrated Judiciary:
The judiciary functions as a single, integrated entity.
8. Single Citizenship:
Citizens possess only national citizenship, promoting a sense of unity.
9. Governor's Appointment:
Governors are appointed by the centre, not the state government.
10. New States Formation:
Parliament has the authority to alter state territories and names.
11. All India Services:
Central interference in state executive powers through services like IAS and IPS.
12. Integrated Election Machinery:
The Election Commission conducts elections at both central and state levels.
13. Veto over State Bills:
The president can exercise absolute veto power over certain state bills.
14. Integrated Audit Machinery:
The CAG, appointed by the president, audits accounts at both central and state levels.
15. Power to Remove Key Officials:
Certain key officials at the state level cannot be removed by state governments, showcasing a departure from federalism principles.
