QA Fedralism

Chapter 2 Federalism

Answer the following questions

Q1. Define

a.    Federalism - Federalism is a system of government in which the power is divided between central authority and various constituent units of the country.

b.    Jurisdiction - The area over which someone has legal authority. The area may be defined in terms of geographical boundaries or in terms of certain kind of subjects.

c.    Coalition Government – A government formed by the coming together of at least two political parties. Usually partners in a political alliance and adopt a common program.

 

Q2. What are the key features of Federalism?

A2. The following are the key features of Federalism-

1.    There are 2 or more levels (or tiers) of government.

2.    Different tiers of government govern the same citizens but each tier has its own jurisdiction in specific matters of legislation, taxation and administration. So the existence and authority of each tier of government is constitutionally governed.

3.    The fundamental provisions of the constitution cannot be unilaterally changed by one level of government. Such changes require the consent of both the levels of government.

4.    Courts have the power to interpret the constitution and the powers of different levels of government. The highest court acts as an umpire if disputes arise between different levels of government in the exercise of supreme powers.

5.    Sources of revenue for each levels of government are clearly specified to ensure its financial autonomy.

6.    The federal system thus has dual objectives to safeguard and promote unity of the country while at the same time accommodate regional diversity.

 

Q3. What are the dual objectives of the Federal system? What are their importances?

A3. Objectives are -

1.    The federal system has dual objectives: to safeguard and promote unity of the country while at the same time accommodates regional diversity. Therefore, two aspects are crucial for the institutions and practice of federalism.

2.    Governments at different levels should agree to some rules of power sharing. They should also trust that each would abide by its part of the agreement.

3.    An ideal federal system has both aspects: mutual trust and agreement to live together.

 

Q4. Bring out the contrast between Federal and unitary government?

A4. In this sense federation are contrasted with unitary governments –

1.    Under unitary system either there is only one level of government or the subunits are subordinate to the central government.

2.    The central government can pass orders to the provinces or the local government. But in the federal system, the central government cannot order the state government to do something.

3.    State governments have powers of its own for which it is not answerable to the central government. Both these governments are separately answerable to the people.

 

Q5. Explain the 2 kinds of routes (or basis) through which federations have been formed, with examples.

A5. There are 2 kinds of routes through which federations have been formed.

A.   Coming together federation –

1.    The first route involves independent states coming together on their own to form a bigger unit so that by pooling sovereignty and retaining identity they can increase security

2.    This type coming together federation includes the USA, Switzerland, and Australia. In this type of federation all the constituent states usually have equal power and are strong vis-à-vis the federal government.

 

B.   Holding together federation

1.    The second route is when a large country decides to divide its power between the constituent sates and the national government. India, Spain and Belgium are examples of this kind holding together federation.

2.    In this type the central government tends to be more power vis-à-vis the states.

3.    Very often different constituent units of this federation have unequal powers.

4.    Some units are granted special powers.

Q. Flexible language policy of government of India and Indian constitution has minimized conflicts among states and centre in India. Justify.

Answer: Language policy of government of India-

1.    Our constitution did not give the status of national language to any one language. Hindi was identified as the official language. But Hindi is the mother tongue of only about 40 per cent of Indians. Therefore, there were many safeguards to protect other languages.

2.    Besides Hindi there are 21 other languages recognized as Scheduled languages by the constitution.

3.    States too have their own official languages. Much of the government work takes place in the official language of the concerned states.

4.    According to the constitution, the use of English for official purposes was stopped in 1965. However, many non-Hindi speaking states demanded that the use of English continues. In Tamil Nadu this movement took violent form. The central government responded by agreeing to continue the use of English along with Hindi for official purposes.

5.    Promotion of Hindi continues to be the official policy of the Government of India. Promotion does not mean that the central government can impose Hindi on states where people speak a different language.

Q What makes India a federal country?

OR

What are the power sharing arrangements in India?

A6. The power sharing arrangements in India are-

1.    Written and rigid constitution: India has the lengthiest constitution in the world. Originally it had 397 articles and it has 22 parts and 12 schedules.

Rigid – No single bench can change or amend the constitution. This is a process where the centre and the state together agree to change the main provisions of the constitution.

2.    Constitutional division of power through 3 list and residuary powers –

∙      Union list - Includes subjects of national importance such as defense of the country, foreign affairs, banking, communication and currency. The union government alone can make laws relating to their subjects.

∙      State list – Contains subjects of state and local importance such as police, trade, commerce, agriculture and irrigation. The government makes Law.

∙      Concurrent list – Includes common subjects like education, forest, trade unions, marriage, adoption and succession. Both can make laws but in case of conflict the law made by union government will prevail.

∙      Residuary powers – Not included in any of the 3 lists. According to the constitution union government has power regarding this. E.g.- computers

3.    Holding together federation but special status some states like J&K.

4.    Union territories – These are areas which are too small to become an independent state but which could not be merged with any of the existing states. E.g.- Chandigarh, Lakshadweep etc. The central government has special powers in running these areas.

5.    Change in power sharing can be ratified by legislature – The parliament cannot on its own change the constitution any change to it has to be first passed by both the houses of parliament with at least two-thirds majority. Then it has to be ratified by the legislature of at least half of the total states.

6.    Judiciary – It plays an important role in overseeing the implementation of constitutional provisions and procedures. In case of any dispute about division of powers the High court and the Supreme Court make a decision.

7.    Financial power to levy taxes – Both the government have the power to raise resources by levying taxes in order to carry on the government and responsibilities assigned to each of them.

Q  Why do we need local government?

Ans.Need of local government-

1.    The basic idea behind decentralization is that they’re a large number of problems and issues, which are best, settled at the local level.

2.    People have better knowledge of problems in their localities.

3.    They also have better ideas on where to spend money and how to manage things more efficiently.

4.    At the local level it is possible for the people to directly participate in decision-making.

5.    This helps to inculcate a habit of democratic participation.

 

Q  How has the Amendment Act of 1992 made the third-tier democracy (Local Government) more powerful and effective?

Ans. A major step towards decentralization was taken in 1992.The constitution was amended to make the third-tier of democracy more powerful and effective.

1.    Now it is constitutionally mandatory to hold regular elections to local government bodies.

2.    Seats are reserved in the elected bodies and the executive heads of these institutions for the scheduled castes, scheduled tribes and other backward classes.

3.    At least 50% of all positions are reserved for women.

4.    An independent institution called the state election commission has been created in each state to conduct panchayat and municipal elections.

5.    The state governments are required to share some powers and revenue with local governments bodies. The nature of sharing varies state to state.

 

 Q  How has Panchayat Raj system been organized?

Ans. Rural local government is popularly known by the name of Panchayati Raj

A.   VILLAGE LEVEL

1.    Each village or a group of villagers in some states has a gram panchayat. This is a council consisting of several ward members, often called panch and a president or sarpanch. All the adult population living in that ward or village directly elects them.

2.    The Panchayat work under the overall supervision of the gram sabha. All the voters in the village are its members. It has to meet at least twice or thrice in a year to approve the annual budget of the gram panchayat and to review the performance of the gram panchayat.

B.   BLOCK LEVEL

[a] A few gram panchayats are grouped together to form what is usually called a panchayat samiti or block or mandal. 

[b] All the panchayat members in that area elect the members of this representative body.

C.   DISTRICT LEVEL

[a] All the panchayat samitis or mandals in a district together constitute the Zilla (district) parishad. 

[b] Most members of the Zilla parishad are elected. Members of the Lok Sabha and MLA’s of that district and some other officials of other district level bodies are also its members. 

[c] Zilla parishad chairperson is the political head of the Zilla parishad.

 

Q  How are local bodies organized in urban areas?

Ans. Local government bodies exist for urban areas as well

1.    Municipalities are set up towns

2.    Big cities are constituted into Municipal Corporation.

3.    Elected bodies consisting of people’s representatives control both  municipalities and municipal corporations.

4.    Municipal chairperson is the political head of the Municipality.

5.    In a municipal corporation such as officer is called the mayor.

 

Q What is gram sabha?

Ans. [a] It is the village parliament (legislature). 

[b] The panchayat works under overall supervision of the gram sabha. 

[c] All the voters in the village are its member. 

[d] It has to meet at least twice or thrice n a year.

[e] It approves the annual budget of the gram panchayat and to review the performance of the gram panchayat.