BY : SUBHAM
1) Federalism has been defined as the division of powers between the central and state government.
2) In this the central government cannot interfere with state government for making any law regarding state government only state government can make laws.
3) EXAMPLE:- In united states they having federal constitution where there is an agreement between centre and state government and central government cannot interfere with the state government because both central and state government having different constitution.
4) But in context to India many scholars say Indian constitution nature is federal or same say unitary. But, According to ‘Granville Austin’ “if Indian constitution can be called federal, it can be described ‘cooperative federalism’.” He prefers to call Indian federalism as ‘cooperative federalism’ as it produces a strong central government, yet it does not necessarily result in weak provincial governments that are largely administrative agencies for central policies.
5) Thus, the cooperative federalism has been provided by the Indian constitution as given below:-
a) Though Indian constitution provides division of powers between centre and states, it provides for distribution of revenue between the union and state (article 268-281). In certain conditions the union makes grant-in-aid to the states. Thus the central government assists the states and states depend upon the union for financial assistance.
b) The constitution provides freedom of trade, commerce or intercourse throughout the territory of India (article 301). Parliament has power to impose restrictions in trade, commerce and intercourse (article 302). However, neither parliament nor legislature of a state shall have power to make any law giving or authorizing the giving of any preference to one state over another or making or authorizing the making of any discrimination between one state and another by virtue of any entry relating to trade and commerce in any of the lists under seventh schedule.
c) Parliament may, by law, provide for the adjudication of any dispute or complaint with respect to use, distribution or control of the water of any inter- state river valleys (article 262).
d) The constitution provides for All India Services with the object to promote inter-state cooperation and coordination (article 312). Through the intention of the constitution makes was to provide a federal constitution with strong central government, actually Indian constitution provides for cooperative federalism.
READ ALSO: TYPES OF CONTRACT – BASED ON FORMATION
FEATURES OF FEDERALISM:-
1) RESPONSIVE TO CITIZENS:-The first feature of federalism is it is responsive to citizens of that particular country in this central government don’t response to all citizens of the states because in federalism there is an agreement between central and state government so in this central government response to citizens of his state and state government response to citizens of his states.
EXAMPLE:- In united states of America they do not response to any citizens of any state of his country like Canada so they have different government so they response to citizens.
2) DUAL GOVERNMENT:-
The second feature of federalism is dual government. In federalism there is formation of two government a) central government b) state government. So the central government cannot interfere in any laws which is made by state government in the state and neither state government cannot interfere in an laws which is made by central government in state.
3) SEPARATION OF POWERS:-
The third feature of federalism is separation of powers in which does not allow one body of government to hold all power over the country. So it separate the powers of the government. So there are three organs of government
a) Legislature:- To make the laws
b) Executive:- To execute the laws
c) Judiciary:- To interpret the laws. So it separate the power of the government.
4) IT HELPS TO MANAGE CONFLICT:-
a) The fourth feature of federalism as it helps us to manage conflict. In unitary constitution the states are control by the central government that if any neighboring attack in the country sometimes central government cannot manage the conflict because all control comes to central government.
b) So in federalism the powers have been divided into two government that is central and state government if any neighboring country attack in the state country so state can manage that conflict there should be no interference of the central government and vice versa.
5) DUAL CITIZENSHIP:-
The fifth feature of federalism is dual citizenship as citizens enjoy dual citizenship which means they enjoy the citizenship of both central and state they live in.
6) RIGHT TO SECEDE:-
The sixth feature of federalism is right to secede which means if the federal units feel that their rights and rights are not fulfilled as agreed at the time of formation of the Federation, they can secede from the federation.( This feature is usually not seen. USSR had this feature. I am not sure about USA).
With this we conclude that Federalism celebrates both unity as well as diversity. National unity cannot be built by streamlining differences. Such forced unity only generates greater social strife and alienation and tends finally to destroy unity. A responsive polity sensitive to diversities and to the demands for autonomy can alone be the basis of a cooperative federation.