There are roughly 25 federal countries in the world today, which together represent 40 per cent of the world's

population. They include some of the largest and most complex democracies - India, the US, Brazil, Germany and Mexico. Their system of government, while it can be complex, has made many federations amongst the most prosperous countries in the world with high standards of government services.

Historically, most federations were the result of previously separate entities - the American 13 colonies, the Swiss cantons - coming together to form a federal government. The entities would keep some powers to themselves but others were pooled with the central government of the new country. More recently, previously unitary countries such as Spain, Belgium and South Africa - have adopted federal structures as a way to maintain common central government for some purposes while empowering regional governments for other purposes. In many very diverse societies, a federal system of government permits a recognition both of this diversity and of common interests and identity at the same time. Federalism is a political concept in which a group of members are bound together by covenant (Latin: foedus, covenant) with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and constituent political units (like states or provinces). Federalism is a system based upon democratic rules and institutions in which the power to govern is shared between national and provincial/state governments, creating what is often called a federation. Proponents are often called federalists FEdErALism IN

India

From Wikipedia, the free encyclopedia Part XI of the Indian constitution defines the power distribution between the federal government (the Centre) and the States in India. This part is divided between legislative and administrative powers. The legislative section is divided into three lists: Union list, States list and Concurrent list. Unlike the federal governments of the United States, Switzerland or Australia, residual powers remain with the Centre, as with the Canadian federal government.

[edit] Legislative powers

The power of the states and the Centre are defined by the constitution and the legislative powers are divided into three lists.[1]

[edit] Union list

Union list consists of 100 items on which the parliament has exclusive power to legislate with including: defence, armed forces, arms and ammunition, atomic energy, foreign affairs, war and peace, citizenship, extradition, railways, shipping and navigation, airways, posts and telegraphs, telephones, wireless and broadcasting, currency, foreign trade, inter-state trade and commerce, banking, insurance, control of industries, regulation and development of mines, mineral and oil resources, elections, audit of Government accounts, constitution and organisation of the Supreme Court, High Courts and union public service commission, income tax, custom duties and export duties, duties of excise, corporation tax, taxes on capital value of assets, estate duty, terminal taxes.[2]

[edit] State list

The state list consists of 61 items and individual states have exclusive authority to legislate on items included in this list: Public order, police, administration of justice, prisons, local government, public health and sanitation, agriculture, animal husbandry, water supplies and irrigation, land rights, forests, fisheries, money lending, state public services and state Public Service Commission, land revenue, taxes on agricultural income, taxes on lands on buildings, estate duty, taxes on electricity, taxes on vehicles, taxes on luxuries.[3]

[edit] Concurrent list

Concurrent list consists of 52 items. Uniformity is desirable but not essential on items in this list: Marriage and divorce, transfer of property other than agricultural land,education, contracts, bankruptcy and insolvency, trustees and trusts, civil procedure, contempt of court, adulteration of foodstuffs, drugs and poisons, economic and social planning, trade unions, labour welfare, electricity, newspapers, books and printing press, stamp duties.[2]

[edit] Exceptions
Though states have exclusive powers to legislate with regards to items on the states list, articles 249, 250, 252, and 253 state situations in which the federal government can legislate on these items.[2]

[edit] Administrative powers

The Union and states have independent executive staffs fully controlled by respected governments and executive power of the states and the Centre are extended on issues they are empowered to legislate.[2]

[edit] Union control over states

See also: Article 356

According to the Article 356 of the Constitution of India, states must exercise their executive power in compliance with the laws made by the Central government. Article 357 calls upon every state not to impede on the executive power of the Union within the states. Articles 352 to 360 contain provisions which empower the Centre to take over the executive of the states on issues of national security or on the breakdown of constitutional machinery. Governors are appointed by the Central government to oversee states. The president can dissolve the state assembly under the recommendation of the council of ministers by invoking Article 356 if and when states fail to comply with directives given by the Centre.[2

Federalism: Its Advantages and Disadvantages

First what is federalism? Federalism is defining as the allocation of power between the national government and regional government. A system of government in which the power is divided between a central authority and constituent political units. Is it advisable for a country like us to adapt this kind of government? According to Jose Abueva, former president of University of the Philippines and a professor of public and administration we should take federal kind of government. He said that the Philippines would take a period of no less than 10 years to make a successful transition to federalism, involving a period of consolidation of several regions and intensive socioeconomic development in each of consolidated regions. Advantages of federal government are the following: (1) It ensures that government remains close to the people because the state government argue that they are more in tune with the daily needs and aspirations of people especially relevant to small and isolated places. (2) It encourages development of the nation in a decentralized and regional manner and allows for unique and innovative methods for attacking social, economic and political problems. (3) It provides a barrier to the dominance of the majority, while the disadvantages are the following: (1) It can lead to duplication of government and inefficient, over-lapping or contradictory policies in different parts of the country. (2) It can lead to inequality between the states and lead to unhealthy competition and rivalry between them. (3) It cal lead to over-government that will result to corruption. I have cited both faces of federal government in order to inform all of you that federal government is a good system of government and a good example of successful federal kind of government is the United States of America. But the question here is do we really need it? Is it advisable for our country to change the government into federal? On my point of view, we do not need here a change of government all we need is to strengthen the centralized government. And also its very expensive to have a federal kind of government. We have no enough funds because we are still paying our debts. We have already LGUS and NGOS to monitor the needs of people that have a power equal to the national government. We are making our situation complicated if we change our present government into federal. Lastly, the Philippines is a third world country and according to survey last September 16, 2006 we have 25 only of the worlds 193

countries have federal political system, and 3 out of 25 is belong in Asia. It only indicates that a third world country like us is not ready and cannot afford the federal government.

Advantages and Disadvantages of Federalism

Twenty four of the world's one hundred ninety three countries have a federal political set up. Looking at these countries' political history, it can be said there are both advantages and disadvantages of federalism. Read the following article for an in depth analysis of a federation. Federalism is a political system in which the powers are divided between the central government and numerous regional governments. There is a written constitution which formulates this power sharing arrangement between the state and its units. These units referred to as the provincial or regional governments have the power to act independently in certain areas of governance. For example in the USA, the local governments have exclusive powers to issue licenses, provide for public health, conduct elections and form local governments, look after the intrastate trade, etc. Federalism in Today's World At present, Federalism is being followed not only in first world countries like USA, Australia and Canada but also in developing countries like Mexico, India and Brazil. Contemplating a change in the governing set up of the nation, some countries like Sri Lanka and Philippines are intently scrutinizing the advantages and disadvantages of Federalism. Advantages of Federalism Every province has political, social and economic problems peculiar to the region itself. Provincial government representatives live in proximity to the people and are most of the time from the same community, so that they are in a better position to understand these problems and offer unique solutions for them. For example, traffic congestion in Oahu, Hawaii is a problem that can be best solved by the local government, keeping local factors in mind, rather than by somebody living in New York. Federalism offers representation to different populations. Citizens of various provinces may have different aspirations, ethnicity and follow different cultures. The central government can sometimes overlook these differences and adopt policies which cater to the majority. This is where the regional government steps in. While formulating policies, local needs, tastes and opinions are given due consideration by the state governments. Rights of the minorities are protected too. For example, in states like Arizona where there is a large Hispanic population and therefore, a large number of schools provide bilingual education.

State governments have the freedom to adopt policies which may not be followed nationally or by any other state. For example, same-sex marriages are not recognized by the federal government of USA but they are given legal status within the states of Connecticut, Iowa, Vermont and Massachusetts. Division of work between the central and the regional governments leads to optimum utilization of resources. The central government can concentrate more on international affairs and defense of the country while the provincial government can cater to the local needs. Federalism has room for innovation and experimentation. Two local governments can have two different approaches to bring reforms in any area of public domain, be it taxation or education. The comparison of the results of these policies can give a clear idea of which policy is better and thus, can be adopted in the future. Federalism no doubt has many positives vis-a-vis Communism or Imperialism but still some political scientists often raise questions about advantages of Federalism. Disadvantages of Federalism Sharing of power between the Center and the states includes both advantages and disadvantages of federation. Sometimes there can be overlapping of work and subsequent confusion regarding who is responsible for what. For example, when typhoon Katrina hit Greater New Orleans, USA, in 2005, there was delay in the rescue work as there was confusion between the state governments and the federal government on who is responsible for which disaster management work. This resulted in the loss of many lives. Federal system of government is very expensive as more people are elected to office, both at the state and the center, than necessary. Thus, it is often said that only rich countries can afford it. Too many elected representatives with overlapping roles may also lead to corruption. Federalism leads to unnecessary competition between different regions. There can be a rebellion by a regional government against the national government too. Both scenarios pose a threat to the countries' integrity. Federalism promotes regional inequalities. Natural resources, industries, employment opportunities differ from region to region. Hence earnings and wealth are unevenly distributed. Rich states offer more opportunities and benefits to its citizens than poor states can. Thus, the gap between rich and poor states widens. Federalism can make the state governments selfish and concerned only about their own region's progress. They can formulate policies which might be detrimental to other regions. For example, pollution from a province which is promoting industrialization in a big way can affect another region which depends solely on agriculture and cause crop

damage. Federalism does not eliminate poverty. Even in New York, there are poor neighborhoods like Harlem with a majority of black population. The reason for this may be that during policy framing, it is the intellectuals and not the masses who are invited by the local government. These intellectuals may not understand the local needs properly and thus, policies might not yield good results. Thus, it is understandable that there have been both advantages and disadvantages of Federalism in USA. There is a general feeling that the rights of the minorities, like blacks, are compromised in USA. But at the same time, USA now has a democratically elected African-American President. Similarly, there have been advantages and disadvantages of federalism in other countries as well. For federalism to be truly successful it should be accompanied by other ideals like Secularism, Democracy and liberalism. Why is Federalism required in India? Federalism is worldwide accepted as a good system of governance. It means distribution of the application of constitutional laws between the central or main governing authority and the individual states or provinces. In a democratic government if the ruling people are genuine in their efforts to serve the people who have chosen them as the leaders, then the society will be perfect in all its activities. The country will be strong both politically and economically when it follows democracy in right manner. Similarly federal governance also will be successful if there is no corruption and has full support from the people. Federal government is believed to be helpful in promoting the financial and political improvement of the country. The stability and prosperity of the countries was attained by following federal government in the countries like United States, Canada, Australia and Switzerland. Federal form of governance cannot be followed easily by all countries at all the times. It is difficult to follow federal rule at all places as it is highly critical to maintain a bond between the central and the constituent state legislatives. The federal system exemplifies always the state with the development seen constantly and continuously. This federal governance should be modified as per the environment or amended based on the rising issues. As India is a developing nation, federal government is necessary for it to bring progress. India is a country with unity in diversity. There are so many states that are unique in their cultures and traditions and still feel strongly the oneness among them. As each state has its own way of lifestyle and culture, it is important to follow federal form of government in India. As also the constitutional laws of India suit the federal governance, India requires federal ruling to maintain national integration. Indians are having lot of differences in their language, culture or lifestyle and hence live as different states. But all

Indians feel that they are all one and belong to only one country. Therefore India deserves to have federal government.

India

Indian state governments led by various political parties as of March 2009 The Government of India (referred to as the Union Government) was established by the Constitution of India, and is the governing authority of a federal union of 28 states and 7 union territories. The governance of India is based on a tiered system, where in the Constitution of India appropriates the subjects on which each tier of government has executive powers. The Constitution uses the Seventh Schedule to delimit the subjects under three categories, namely the Union list, the State list and the Concurrent list.

[edit] Asymmetric federalism

A distinguishing aspect of Indian federalism is that unlike many other forms of federalism, it is asymmetric.[4] Article 370 makes special provisions for the state of Jammu and Kashmir as per its Instrument of Accession. Article 371 makes special provisions for the states of Andhra Pradesh, Arunachal Pradesh, Assam, Goa, Mizoram, Manipur, Nagaland and Sikkim as per their accession or state-hood deals. Also one more aspect of Indian federalism is system of President's Rule in which the central government (through its appointed Governor) takes control of state's administration for certain months when no party can form a government in the state or there is violent disturbance in the state.

[edit] Coalition politics

Although the Constitution does not say so, India is now a multilingual federation.[5] India has a multi-party system, with political allegiances frequently based on linguistic, regional and caste identities,[6] necessitating coalition politics, especially at the Union level.Coalition politics have created a balance in the legislatures Why the Trend Toward Federalism?

There are three broad reasons why so many countries are adopting federal systems, or greater political and administrative decentralization. In some countries, federalism is adopted as a means of giving different ethnic and regional groups some autonomy and control over their own affairs. The thinking is that if different ethnic and regional minorities have some autonomy, some

ability to determine their own local affairs with respect to education, culture, and economic development, they will feel more secure, and be more willing to accept the authority and legitimacy of the larger national state. I know there are concerns about this issue in Iraq, and I will return to it in a little while.

Second, federalism or devolution of power is adopted as a means of sharing power among lots of different political parties, which may or may not have some basis in ethnic or regional ties. If democracy is to survive, it cannot be a winner-take-all system, particularly not one in which one party is always going to win, and thus take all. When some governing responsibilities and resources are devolved to lower levels of authority, and when there are a lot of different provinces and municipalities whose governments will be chosen through elections, parties and groups that cannot win control of the central government may win the opportunity to exercise power in some of the lower-level governments This increases their confidence in and commitment to the political system, and the sense among citizens generally that the system is fair and inclusive. If groups with strong bases of support in the country are completely and indefinitely excluded from any share of political power at any level, they are likely to question and even challenge the legitimacy of the system. India is a vast country with many different cultures and languages. India democracy is known as one of the best democracy of the world. India is gifted with vast abundance of resources, whether it is a man or any other natural resource. Thus, India seldom has to depend on other countries for its needs. India is a developing country and it is developing at a steady speed. For example- Green Revolution and White Revolution are big examples of our country's development.

As I have mentioned above, India has various cultures, religions and languages. Thus maintaining peace and harmony between its own people has always been a tuff job. So, the ideas of states were introduced. States were mainly divided on the basis of cultures and languages and so followed its name. For example- Nagaland, Assam, Maharashtra, etc. But states were not divided on the basis of religion; this is because of main two reasons-

1) People of same culture may follow different religion.

2) Moreover, by naming states on the basis of religion hampers the idea of secularity within India.

Furthermore, states were divided into districts to enable better and easy constitution. Now this promotes the idea of decentralization of power.

Constitution of India has divided the power to regulate the country between different levels of government. Namely-

1) Central level

2) State level

3) Local level

Federal form of government has two or more tiers of government. India adopted two tier system of government at the centre and state in beginning. But a vast country like India is impossible to control with only this two tiers so, the third local government below state government was introduced. This is the reason for decentralization of power in India.

The basic idea behind this is that there is large number of problems and issues which are best settled at local level.

CoNCLuSIOn
I have already begun to suggest, then, how federalism and other forms of decentralization can strengthen democracy and enhance its stability. They may help to hold the country together by giving each group some control of its own affairs. They may help to sustain the political system by distributing power among a wider array of political parties, each of which finds that it has some tangible stake in the system. And it speaks to the aspirations of people and communities who simply want government to be closer and more responsive to their needs.

Let me continue with the functions that decentralization serves. When government is closer to the people, it is more likely to be held accountable by them for its successes and failures in the provision of basic services, the maintenance of order, and the fair resolution of local issues and disputes. Government tends to be more responsive when it is closer to the people. That is why democracies are more and more embracing the principle of subsidiarity: that each government function should be performed by the lowest level of government that is capable of performing that function effectively.

When there are multiple layers of elected government, as in a federal or politically decentralized system, there are other benefits for democracy. Lower levels of elective office can constitute an arena for training and recruiting new political leaders, including women and young people who have not previously had a role in political life. And these lower levels of democracy provide a more accessible means for citizens to become active in public affairs: to question their local officials, monitor what they do, present their interests and concerns, and learn the skills and values of democratic citizenship. Typically, it is difficult for most citizens and organized groups to get access to the national parliament or the central ministries. They need decentralized opportunities for access to decision-making power. And those points of local access are more likely to be responsive if they are accountable to the people through elections.

Finally, decentralization of power provides an additional check against the abuse of power. Of course, checks and balances are needed within the central government itself. This is why there must be an independent parliament and judiciary, and effective auditing and counter-corruption mechanisms. But federalism can provide an additional bulwark against the concentration and abuse of power.

Advantages / Importance of Decentralization

1. Decentralisation helps to improve the quality of decisions/decision-making at the top level management : Decentralisation of authority among other executives at all levels in the Organisation relieves the top executive of the excessive burden saving his valuable time, which he can devote to more important and long-term problems. This is bound to improve the quality of his decisions regarding such problems.

2. Decentralisation facilitates diversification of activities : It is a matter of common experience that an Organisation with departmentation on the basis of products facilitates diversification of products or market even when the authority is centralized. Decentralisation takes this process a step further. Managers of semiautonomous product divisions are able to utilise their skills and experienced judgment. This has a bearing on their products and the market. The enterprise also attains maximum possible growth. Decentralisation is beneficial when new product lines or new activities are introduced in an Organisation. Such policy creates self sufficient units under overall co-ordination of top level management. 3. Decentralisation encourages development of managerial personnel : Most companies find lack of managerial talent as a limiting factor in their growth. A company cannot expand effectively beyond the scope and abilities of its managerial personnel. Capable managers, however, can be developed only by giving managerial jobs to suitable persons and delegating them the authority to make important decisions. Such wide exposure gives them opportunity to grow and to have self development for higher positions. The more talented and capable persons will learn and improve and qualify themselves for higher managerial positions. Only a decentralized Organisation can offer such opportunities to future managers without involving additional expenditure. A decentralized Organisation also allows its managers adequate freedom to try new ideas, methods or techniques. In brief, decentralisation creates a team of competent managers at the disposal of the company. 4. Decentralisation improves motivation : Research conducted by social scientists has proved that the Organisation structure itself exercises some influence on the motivation of the people working within it. An Organisation structure which facilitates delegation, communication and participation also provides greater motivation to its managers for higher productivity. Decentralized Organisation structure is most favorable for raising the morale and motivation of subordinates which is visible through better work performance. 5. Decentralisation makes decision-making quicker and better : Since decisions do not have to be referred up through the hierarchy, quicker and better decisions at lower levels can be taken. Divisional heads are motivated to make such decisions that will create the maximum profit because they are held responsible for the effect of their decisions on profits. Thus decentralisation facilitates quick and result-oriented decisions by concerned persons. 6. Decentralisation provides opportunity to learn by doing : Decentralisation provides a positive climate where there is freedom to make decisions, freedom to use judgment and freedom to act. It gives practical training to middle level managers and facilitates management development at the enterprise level.

Limitations of Decentralization

1. Decentralisation may lead to the problem of co-ordination at the level of an enterprise as the decision-making authority is not concentrated. 2. Decentralisation may lead to inconsistencies (i.e. absence of uniformity) at the Organisation level. For example, uniform policies or procedures may not be followed for the same type of work in different divisions. 3. Decentralisation is costly as it raises administrative expenses on account of requirement of trained personnel to accept authority at lower levels. Even the services of such highly paid manpower may not be utilised fully, particularly in small organisations. 4. Introduction of decentralisation may be difficult or may not be practicable in small concerns where product lines are not broad enough for the creation of autonomous units for administrative purposes. 5. Decentralisation creates special problems particularly when the enterprise is facing number of uncertainties or emergency situations. The decision-making process gets delayed and even correct decisions as per the changing situations may not be possible. Q. 7. How is federalism practiced ? Ans. Constitutional provisions are necessary for the success of federalism but these are not sufficient for its success. If the federal experiment has succeeded in India, it is not merely because of the constitution or clearly laid out constitutional provisions. It is attributed to the democratic policies in India. It has been successfully practiced because of the following major reasons (i) Language Policy. In respect of language India is the most diverse country in the world. Although Hindi is one of the scheduled languages, India is believed to have 1500 mother tongues, of which 33 are spoken by people numbering over a lakh. The officially recognized languages are 22 according to the Eighth Schedule of the Constitution. (ii) Linguistic Policies. Several old states have disappeared in 1950s and new states have been created by changing the area and boundaries of the old states. The new states was formed to keep the people speaking the same language, together in same state. Apart from that, new states were also created to recognize the cultural and religious difference e.g., some Nagaland, Uttaranchal and Jhankhand. (iii) Centre-State Relations. Restructuing the Centre-State relations has been of vital importance in strengthening federalism in practice. This is a critical matter in relation to any federation because the centre-state relations decide the extent to which the ruling parties and leaders follow the power sharing arrangements. For a long time, the same party ruled both at the Centre and in most of the States, which means that the State governments did not exercise their rights as autonomous federal units. Everywhere as when the ruling party at the State level was different, the parties that ruled at the Centre tried to undermine the power of the States. So, much so Central government would even misuse the Constitution to dismiss the State governments that were controlled by rival parties, which greatly undermined the spirit of federalism. But the situation changed significantly after 1990. The period saw the rise of regional political parties in many states of the country. This was also the beginning of the era of Coalition Governments at the centre. As no single party got a clear majority in the Lok

Sabha, the major national parties entered into an alliance with many parties including several regional parties to form a government at the Centre. This led to a new culture of power sharing and respect for the autonomy of State Governments.

Q. 8. What are the key features of federalism ? Ans. The main features of federalism are (i) Two or more levels of government. is a form of government in which the governmental power is divided between a central authority and its various constituent units. Usually a federation has two levels of government Central government for the entire country and the other governments at the state or province level. (ii) Superiority of constitution. The areas or jurisdiction of the respective levels or tiers of government are specified in the constitution such that the existence and authority of each tier of government are constitutionally safeguarded. (iii) Rigid Constitution. The fundamental provisions of the constitution cannot be unilaterally changed by one level of government. Any such changes require the consent of the both the levels of government. (iv) Financial independence of each level. To ensure the financial independence of each level of the government, the sources of revenue are specified for each level in the constitution.