இந்தக் கட்டுரையில், TNPSC குரூப் 1, குரூப் 2, குரூப் 2A, குரூப் 4 மாநிலப் போட்டித் தேர்வுகளான TNUSRB, TRB, TET, TNEB போன்றவற்றுக்கான முறைகள் இலவசக் குறிப்புகளைப் பெறுவீர்கள்.தேர்வுக்கு தயாராவோர் இங்குள்ள பாடக்குறிப்புகளை படித்து பயன்பெற வாழ்த்துகிறோம்.
Federalism
Meaning of Federalism
Federalism refers to a political system that possesses constitutionally provided and
guaranteed distribution of powers between a national government and several
regional governments.
The mere existence of regional governments does not mean that the system follows
federalism.
The fundamental attribute of a federal constitution is the constitutionally created and
protected state or regional governments.
Usually, in countries where there is diversity of people federalism will be followed. If
regions in a country are distinct in terms of ethnicity, language, religion etc., the ideal
form of government will be the federal system.
Democratic federalism is the best instrument to ensure ‘Unity in diversity’.
The constituent states retain and safeguard their distinct linguistic, religious or
cultural identity, without compromising the unity of the federated nation.
In any federal system, the constitution becomes the supreme authority.
Evolution of Federalism
The thirteen British colonies in America revolted and liberated themselves from the
British yoke. Thereafter they constituted themselves into a federal state. Thus in the
modern world, the United States of America became the first federal state.
Thereafter British colonies in Australia and Canada were also granted self governments
and they too adopted federal forms of government.
The trilingual Switzerland similarly adopted a federal form of government. The European
Union today another example of federal formation on a voluntary basis.
Rise of Federalism in India
The beginnings of federalism in modern India could be traced in the Regulating Act of
1773, which brought the three regions in India under East India Company’s authority
(Madras, Calcutta and Bombay) under the supervisory control of the Governor
General at Calcutta.
The Indian National Movement supported the federal system to realize India’s
diversity. The Government of India Act 1919 introduced the dual rule.
While the Government of India Act 1935, granted provincial autonomy at the
presidencies and proposed a Dyarchical form of government at the centre.
The Nehru Committee Report in 1928 and Pandit Jawaharlal Nehru’s first proposals of
a constitution favored a federal structure with more powers for the constituent
states.
However, the creation of Pakistan and consequent human tragedies changed the
views of the constituent Assembly resulting in weak state governments and an over
centralized Union Government. Jammu and Kashmir had a special status for historical
reasons.
The constitution of independent India establishes federalism through its Part VI
provisions. The Seventh Schedule of the constitution contains the three lists relating
to the distribution of powers between the centre and states.
Federal features of Indian Constitution
Indian Constitution possesses several federal features
Written Constitution
Federalism requires a written constitution.
There are many governments in any federal system and for their smooth and friction
free functioning their powers must be stated in crystal clear terms.
There are twenty-nine state governments and one national government at present
operating in Indian federalism and therefore their powers and functions must be clearly
defined.
Supremacy of Constitution
The Constitution must be the supreme political document in the country. All
governments must follow the terms, conditions, provisions and procedures contained
in the constitution.
No government can claim powers over and above the constitution.
Distribution of Powers
The distribution of powers between centre and states is the cardinal principle of any
federal system.
Indian Constitution distributes powers between the two levels of governments in a
comprehensive scheme.
There are three lists of power distribution unlike in the classical federalism of
American Constitution, where there is only a single mode of distribution.
Bicameralism
The federal constitutions provide for bicameralism. It refers to parliaments having two
houses. Indian Parliament is bicameral as it consists of two houses.
The upper house is called Rajya Sabha or Council of States while the lower house is
known as LokSabha or House of the People.
The Council of States is the guardian of state rights and it consists of the
representatives of the states. All over the world the upper house is deemed to be the
protector of state rights and interests.
Rigidity of Constitution
A constitution will be called a rigid constitution if its provisions can be amended only
through a special process of constitutional amendment or through a separate
amendment body and not through ordinary legislative process.
Federal constitutions do not permit constitutional changes through ordinary legislative
process. They prescribe a tougher, rigid process of amendment like greater majority.
The rationale behind this rigidity is the desire to protect state rights. If the federal
constitution can be amended through ordinary process the union government may be
tempted to change constitutional provisions to increase its powers at the cost of the
state rights.
The article 368 in Part XX Indian Constitution provides a separate amendment
procedure for amending constitutional provisions and therefore our constitution is rigid
to some extent protecting the states.
Supreme Court
Indian Supreme Court acts as the umpire of the federal system and protector of the
constitution.
It possesses powers of interpretation and adjudication. If any disagreement or
contradiction arises among the central and state governments the Supreme Court
resolves them. The constitution endows the Supreme Court with Original Jurisdiction.
It means that the Supreme Court alone possesses the exclusive powers to resolve any
federal dispute between union government and state governments or among state
governments.
If a problem arises between Tamil Nadu and union government or between Tamil Nadu
and any other state only Supreme Court has powers to resolve it.
Conclusion
The country faced enormous death and destruction in the aftermath of partition on
the eve of independence in 1947 and the Indian political leadership was very
determined to protect the nation from any future disintegration.
Firstly National unity and secondly regional identity are the twin objectives of India
federalism. In spite of federalism the national unity ought to prevail is the motto of
Indian federalism.
Prof. Wheare had described Indian federalism as “a system of Government which is
quasi-federal… a Unitary State with subsidiary federal features rather than a Federal
State with subsidiary unitary features”.
The Russian expert on constitutionalism Prof. Alexandrowicz described that “India is a
case sui generis” meaning Indian federalism is one of its own kind.
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