CHAPTER 7 : Federalism NCERT SOLUTION CLASS 11TH POLITICAL SCIENCE | EDUGROWN NOTES

Short Answer Type Question:

Q1.  From the list of following events which ones would you identify with the functioning of federalism? Why?
(a) The Centre on Tuesday announced Sixth Schedule status to GNLF-led Darjeeling Gorkha Hill Council, which would ensure greater autonomy to the governing body in the Hill district of West Bengal. A tripartite Memorandum of Settlement was signed in New Delhi between the Centre, West Bengal government and the Subhas Ghising-led Gorkha National Liberation Front (GNLF) after two days of hectic deliberations.
(b) Government for action plan for rain-hit States: Centre has asked the rain-ravaged States to submit detailed plans for reconstruction to enable it to respond to their demands for extra relief expeditiously.
(c) New Commissioner for Delhi: The Capital is getting a new municipal commissioner. Confirming this, present MCD Commissioner Rakesh Mehta said he has received his transfer orders and that he is likely to be replaced by IAS officer Ashok Kumar, who is serving as the Chief Secretary in Arunachal Pradesh. Mehta, a 1975 batch IAS officer, has been heading the MCD for about three-and-a-half years.

(d) CU Status for Manipur University: Rajya Sabha on Wednesday passed a Bill to convert the Manipur University into a Central University with the Human Resource Development Minister promising such institutions in the North Eastern States of Arunachal Pradesh, Tripura and Sikkim as well.

(e) Funds released: The Centre has released Rs. 553 lakh to Arunachal Pradesh under its rural water supply scheme. The first instalment was of Rs. 466.81 lakh.

(f) We’ll teach the Biharis how to live in Mumbai: Around 100 Shiv Sainiks stormed J. J. Hospital, disrupted daily operations, raised slogans and threatened to take matters into their own hands if no action was taken against non-Maharashtrian students.

(g) Demand for dismissal of Government: The Congress Legislature Party (CLP) in a representation submitted to State Governor recently, has demanded dismissal of the ruling Democratic Alliance of Nagaland (DAN) government for its alleged financial mismanagement and embezzlement of public money.

(h) NDA government asks naxalites to surrender arms: Amid a walkout by opposition RJD and its allies Congress and CPI (M), the Bihar government today appealed to the naxalites to shun the path of violence and reaffirmed its pledge to root out unemployment to usher in a new era of development in Bihar.

Answer

(a) Yes, the agreement between the centre, state government and the GNLF involves the functioning of a federal structure as it allows autonomy in governance at the state and provincial level.

(b) Yes, it involves the functioning of federalism because flood relief is undertaken by the states while being funded by the centre.

(c) No, it does not involve the functioning of federalism because this appointment reflects a centralised authority.

(d) No, it does not reflect a federal structure as a centralised university comes under the control of the central government.

(e) Yes, it involves the functioning of federalism as the centre is providing funds to the state of Arunachal Pradesh under its rural water supply scheme. The state can then make use of the funds for its own development.

(f) No, it does not involve the functioning of federalism because it is hampering the essence of federalism. This act of Shiv Sena is violation of citizen’s rights as well as spirit of federalism.

(g) No, it does not involve the functioning of federalism as demand for the dismissal of a duly elected state government is an attack on the federal structure.

(h) Yes, it involves the functioning of federalism as the problem of naxalism is being tackled by government at state level.

Q2. Think which of the following statements would be correct. State why.
• Federalism enhances the possibility of people from different regions to interact without the fear of one’s culture being imposed upon them by others.
• Federal system will hinder easier economic transaction between two different regions that have distinct types of resources.
• A federal system will ensure that the powers of those at the centre will remain limited.

Answer

• This statement is correct because the federal government distributes the power between the central government and the state government and local self-government.

• This statement is not correct because the resources are of distinct type and federalism gives impetus to the economic transaction among different regions.

• This statement is correct because federalism refers more powers to the constituent units of federation.

Q3. Based on the first few articles of Belgian constitution – given below – explain how federalism is visualised in that country. Try and write a similar Article for the Constitution of India.

Title I: On Federal Belgium, its components and its territory.

Article 1 : Belgium is a Federal State made up of communities and regions.
Article 2 : Belgium is made up of three communities: The French Community, the Flemish Community and the German Community.
Article 3 : Belgium is made up of three regions: The Walloon region, the Flemish region and the Brussels region.
Article 4 : Belgium has four linguistic regions: The Frenchspeaking region, the Dutch-speaking region, the bilingual region of Brussels Capital and the German-speaking region. Each «commune» (county borough) of the Kingdom is part of one of these linguistic regions. ……..
Article 5 : The Walloon region is made up of the following provinces: The Walloon Brabant, Hainault, Liege, Luxemburg and Namur. The Flemish region is made up of the following provinces: Antwerp, the Flemish Brabant, West Flanders, East Flanders and Limburg. ……

Answer

The federal structure of Belgium is based upon communities, regions and languages. There are three communities and regions and four linguistic regions in the country.

Title I: On Federal India, its components and its territory.

Article 1 : India is a Federal State made up of communities and regions.

Article 2 : India has more than 20 major languages and several hundred minor languages.

Article 3 : India has many religions.

Article 4 : India is divided into 28 states and 7 union territories.

Article 5 : India has two separate levels of government, one at the centre and another at the state level. The power of the central government is greater than that of the state government.

Q4. Imagine that you were to rewrite the provisions regarding federalism. Write an essay of not more than 300 words making your suggestions about:
a. division of powers among the centre and the States,
b. distribution of financial resources,
c. methods of resolving inter-State disputes and
d. appointment of Governors

Answer

a. The powers of the central and state government should be separated where the states enjoy their autonomy and the central government has the advantage of having more power than that of the state government. All subjects included in the Union list should be exclusively under the jurisdiction of the Parliament. Those subjects in the State list should be exclusively with the States. Residuary Powers should be under the jurisdiction of the Union Parliament.
b. Both the Union and the State Government must have enough sources of revenue to carry out their legislative and administrative business. In India, the financial power has also been distributed between the Centre and the states. There should be a clear cut division of financial resources between the Centre and the states. Some taxes should be levied by the Central government and should also be collected by it. Revenue from these taxes should be exclusively with the Centre. Some taxes should be levied by the state government and should also be collected by it. Some taxes should be levied and collected by the Centre but income should be distributed between the Centre and the states. The resources of the state should be sufficient. The states should not depend upon the Centre for grant-in-aid. The Union Government may make loan to the states but in accordance with the provisions of the Act passed by the Parliament.

c. The central government has to take initiative to resolve interstate disputes in a time bound manner and the order of the Supreme Court would be final in this regard. An inter-state committee can be established by the Parliament. This committee enquirers into the dispute and submits its report and recommendations to the Parliament.

d. The governor should be appointed by the central government in consultation with the state government. This would prevent the misuse of the office of the governor. The candidate for the post of the Governor should not be from political background. The conditions for the imposition of President’s rule should be made very strict to prevent the abuse of this provision. State governments should have the right to challenge their dismissal in Supreme Court.

Q5. Which of the following should be the basis for formation of a State? Why?
a. Common Language
b. Common economic interests
c. Common religion d. Administrative convenience

Answer

Administrative convenience
The administrative convenience should be the basis of formation of state as it helps in the better administration and welfare of the citizens or people of that area. This would automatically lead to economic development and the development of a common economy. Language was previously the basis of formation of many states. However, as has been found in the case of Andhra Pradesh and Telangana, it is clear that even language is not a sufficient basis to ensure regional stability.

Q6. Majority of people from the States of north India – Rajasthan, Madhya Pradesh, Uttar Pradesh, Bihar—speak Hindi. If all these States are combined to form one State, would it be in tune with the idea of federalism? Give arguments.

Answer

No.
The unification of four large states with large populations would not be in tune with the idea of federalism because there are many regional variations in the local issues that affect people in these states. AFrom an administrative point of view, the creation of one very large state with a huge population would lead to imbalances in the distribution of resources across the territory. This would lead to unequal development and conflicts between various regions with the failure to fulfil the aspirations of all people.

Q7. List four features of the Indian Constitution that give greater power to the central government than the State government.

Answer

• Division of power in favour of centre: Various subjects have been demarcated in the division of lists, i.e. union list-97 subjects, states list 66 and concurrent list-47 subjects. All the subjects, which have national importance, included in the union list. In case of any conflict on the subjects of concurrent list, the saying of the central government is important, rather than state government.

• National Emergency: During the declaration of national emergency, the government is changed to a unitary form, from a federation. If emergency is declared in a particular state due to failure of constitutional machinery there, the legislative powers goes into the hands of the center and the executive power goes in the hands of the President In case of declaration of financial emergency by the President, the center is again authorized to issue directions concerning the economy of the state and they will obey it.

• Appointment of Governors: The Governor is the head of the state as well as an agent of the central government. He is appointed by the President of India and remains in the office till the pleasure of the President. Hence, Governors act according to the wishes of the central government.

• Articles 33 and 34 have strengthened the powers of the central government by authorising the parliament to protect persons in service of the union. The state governments cannot take disciplinary action nor can remove any administrative officer appointed by the central government.

Q8. Why are many States unhappy about the role of the Governor?

Answer

Many states are unhappy about the role of the governor because the governor is appointed by the central government. Therefore, there is a possibility of the governor’s office being used to control and remove the state government. The governor is not elected but appointed by the central government and can be a retired military officer, civil servant or politician. The governor can suspend the elected state government and can also dissolve the legislative assembly. The governor also has the power to reserve a bill passed by the state government for the assent of the President.

Q9. President’s rule can be imposed in a State if the government is not being run according to the provisions of the Constitution. State whether any of the following conditions are a fit case for imposition of President’s rule in the State. Give reasons.
(a) two members of the State legislative assembly belonging to the main opposition party have been killed by criminals and the opposition is demanding dismissal of the State government.
(b) Kidnapping of young children for ransom is on rise. The number of crimes against women are increasing.
(c) No political party has secured majority in the recent elections of the State Legislative Assembly. It is feared that some MLAs from the other parties may be lured to support a political party in return for money.
(d) Different political parties are ruling in the State and at the centre and they are bitter opponents of each other.
(e) More than 2000 people have been killed in the communal riots.
(f) In the water dispute between the two States, one State government refused to follow the decision of the Supreme Court.

Answer

(a) No. Killing of two members of the State legislative assembly belonging to the main opposition party by the criminals is not valid ground for removal of the state government as it is a law and order problem.

(b) No. Rise in kidnapping of young children for ransom and the number of crimes against women is also a law and order problem.

(c) No. President’s rule cannot be imposed in a state without giving the largest political party or alliance a chance to prove their majority on the floor of legislative assembly.

(d) No. Two parties are ruling in the State and at the Center is the federalism, though they may be bitter opponents to each other but it is not the situation to impose President’s rule.

(e) Yes. If the state is inefficient to control the riots then President’s Rule needs to be implemented as it represents a complete failure of the administration.

(f) Yes. If one state has refused to follow the decision of Supreme Court then it is a case of breakdown of constitutional order and fit for imposition of President’s rule.

Q10. What are the demands raised by States in their quest for greater autonomy?

Answer

• Demand for separation of state and central power: Tamil Nadu, West Bengal and Punjab have demanded that more important powers should be assigned to the states.

• Financial autonomy: Some states have demanded for independent sources of revenue and greater control over resources.

• Administrative autonomy: States have demanded that the centre should not have control over the administrative machinery of the state.

• Cultural and Linguistic: Some states have demanded for autonomy on the basis of language and culture.

Q11. Should some States be governed by special provisions? Does this create resentment among other States? Does this help in forging greater unity among the regions of the country?

Answer

It is essential that some states should be governed by the special provisions on the basis of historical, cultural and social circumstances and administrative requirements. The north-eastern states, Jammu & Kashmir, the hilly state of Himachal Pradesh and some other states like Andhra Pradesh, Goa, Gujarat, Maharashtra and Sikkim are governed by special provisions.

• Under Article 370, Jammu and Kashmir enjoys more autonomous powers rather than the other
States.

• Under Article 371, the north-eastern states like Arunachal Pradesh, Mizoram, Assam, Nagaland, etc. enjoy special provisions due to sizeable indigineous tribal population with a distinct history and culture.

Special provisions has created resentment among other states as there is a fear that these provisions would lead to separation in those areas. Many people oppose these provisions because they believe that there should be equal division of powers in federal state.

Long Answer Type Questions :

Q1.Legislative powers have been distributed between the central and state government. Justify.
Answer:
Legislative relations between the central and state government have been distributed through the various lists, i.e. the union list, state list and concurrent list:
1. The union list:

• The union list contains 98 subjects after 42nd amendment, (Previously had 97)
• On these, subjects, only central government can frame or implement laws.
• These subjects are of national importance and equally applicable to citizens of India.
• Its examples are defence, foreign affairs, railways, peace and war, communication, etc.

2. The state list:

• This list contains 66 subjects after 42nd amendment (Previously were 62)
• On these subjects, only states can legislate the laws.
• These subjects are of state importance.
• Its examples are police, education, public health, law and order, local-self government, etc.

3. Concurrent list:

• This list contains 52 subjects after 42nd amendment. (Previously were 47)
• Both the central and state governments can implement laws the subjects.
• Its examples are marriage, divorce, electricity, price control, etc.

4. Residuary powers:
To make the center very strong, the residuary powers have been given to the central government only.

5. Union government can implement laws on the subjects of state list:

• At the resolution of Rajya Sabha by 2/3 majority which has declared any subject of national importance.
• If two or more states request the union government to enact law on particular subject.
• If emergency has been proclaimed either on the basis of failure of constitutional machinery or war, external or internal aggression and armed revolt.

Q2.What is the administrative relationship between the central and state government in India? Explain.
Answer:

• The central government is empowered to give directions to the state government if it feels that any law has become a hindrance in the functioning of central government of any law has not been executed very well.
• The governors of the states are appointed by the central government only who works as an agent between the centre and the state. The governor informs about the functioning of the state to the central government, and council of ministers reserves the right to remove him also.
• The parliament establishes an inter-state council also to enquire into the inter-state disputes, to submit recommendations, and to consider the common interest.
• If an emergency is proclaimed, due to external or internal aggression or war or failure of constitutional machinary, all the powers are vested into the hands of central government to implement the laws on the subjects mentioned in the state list.