Federalism

Federalism is a system of government in which power is divided and shared between a central
(national) government and regional governments, such as states or provinces. This structure allows
both levels of government to operate independently in certain areas while also working together in
others.

In a federal system, the constitution or founding legal document typically outlines the distribution of
powers. Some powers are reserved to the central government (such as national defense, foreign
policy, or regulating interstate commerce), while others are reserved for the states or provinces (such
as education, local law enforcement, and health care). In some cases, both levels of government
might have overlapping authority (for example, taxation).

Key features of federalism:

1. Division of Powers: The key characteristic is the allocation of specific powers to the central
government and the regional governments. This balance aims to prevent the concentration
of power and protect local autonomy.

2. Constitutional Basis: Federalism is usually established and regulated by a country’s

constitution, which defines the relationship between the national and regional governments.
This can include a clear delineation of powers and the means of resolving conflicts between
levels of government.

3. Dual Sovereignty: Both the national and regional governments are sovereign in their
respective areas of responsibility. For instance, a state can pass laws that apply within its
own boundaries, while the federal government can create laws that apply to the entire
nation.

4. Flexibility: Federal systems can be quite flexible in terms of how powers are shared. Some
federations grant more autonomy to states (like in Switzerland or the United States), while
others have more centralized control (like in France or India).

Examples of Federal Systems:

• United States: The U.S. operates under a federal system, with powers divided between the
federal government and state governments. The U.S. Constitution outlines the specific
powers of the federal government, while the Tenth Amendment reserves all other powers to
the states.

• Germany: Germany is also a federal republic, with states (Länder) having significant authority
in areas like education, law enforcement, and local government.

• Canada: In Canada, powers are shared between the federal government and provincial
governments. Provinces have authority over areas like education and health care, while the
federal government handles national defense, foreign policy, and immigration.

Division of Powers:

• In a federal system, powers are usually divided into three categories:

 o Exclusive Powers of the Center: Powers that only the central government can
exercise (e.g., national defense, foreign affairs, currency regulation, interstate trade).

o Exclusive Powers of the States: Powers that are reserved for the regional
governments (e.g., education, local law enforcement, healthcare).

o Concurrent Powers: Areas where both the center and states can legislate, like
taxation, criminal law, and environmental regulation.

The Constitution or other founding legal documents typically outline these divisions, providing clarity
on which government has authority over which areas.

Centre and State relation

Inter-Governmental Relations:

• Cooperation: In many federal systems, cooperation between the center and states is
essential for effective governance. For example, joint efforts might be needed for
infrastructure projects, public health initiatives, or national security.

• Conflict Resolution: Disputes over the interpretation of constitutional provisions, the

allocation of powers, or policy disagreements may arise between state and central
authorities. In most systems, the judiciary (e.g., a Supreme Court or Constitutional Court)
plays a critical role in resolving such conflicts by interpreting the constitution.

Autonomy of States:

• States or regions in a federal system typically enjoy a certain degree of autonomy in areas
such as law-making, administration, and resource allocation. However, the central
government often has overriding powers in certain situations, such as during national
emergencies or if state policies conflict with national interests.

Center's Influence Over States:

• The central government may exert influence over states in several ways:

o Financial Control: In many federations, the center controls a significant portion of

the national revenue and may provide funding to the states in the form of grants or
allocations. The center might use financial resources to encourage certain policies at
the state level.

o Central Laws and Directives: The center may pass laws that mandate or influence
state actions in areas such as environmental regulation, education standards, or
social welfare.

o Emergency Powers: In certain situations, the central government may invoke

emergency powers (e.g., under Article 356 in the Indian Constitution) to take control
of a state government if it believes the state government is unable to function
according to constitutional norms.

Decentralization vs. Centralization:

• The balance between centralization and decentralization often evolves over time. Some
federations have more centralized systems, where the central government holds greater
power, while others may lean towards decentralization, granting states more independence.
 o Centralized Federalism: In this model, the central government holds significant
power over the states and can direct or dictate policies in many areas of governance.

o Decentralized Federalism: Here, states enjoy a higher degree of autonomy, and the
central government’s role is more limited to coordinating national policies and
maintaining unity.

Examples of State-Center Relationships:

• United States: The U.S. has a system of federalism in which states have substantial powers,
but the center (federal government) has the authority to regulate interstate commerce,
maintain a military, and manage foreign relations. The Supremacy Clause in the U.S.
Constitution ensures that federal law overrides state law when they conflict.

• India: India's federal system provides significant powers to both the center and the states.
However, the Union Government (center) holds more control, especially in areas such as
defense, foreign affairs, and banking. The Indian Constitution also allows the central
government to impose President's Rule (Article 356) in a state in case of a breakdown of
constitutional governance.

• Germany: In Germany, states (Länder) have significant authority, particularly over education,
law enforcement, and culture. However, the central government has authority over national
defense, foreign policy, and taxation.

Changing Dynamics:

• The state-center relationship can shift over time due to changing political circumstances,
economic conditions, and societal demands. For instance:

o Increased Federal Control: In times of crisis, such as wars or economic downturns,

the central government may assert more control over the states.

o Devolution of Powers: At other times, the trend may lean toward devolving powers
to states, allowing for greater local decision-making and autonomy.

Roles and Powers of the President in a Presidential System:

1. Head of State:

o Represents the nation at the national and international level.

o Symbolizes national unity and sovereignty.

2. Head of Government:

o Leads the executive branch of government.

o Makes major decisions on domestic and foreign policy.

3. Executive Power:

o The president is responsible for implementing and enforcing laws passed by the
legislature (e.g., Congress in the U.S.).

o Has authority to issue executive orders, which direct the activities of the executive
branch, manage federal agencies, and enforce regulations.
 4. Commander-in-Chief:

o The president has control over the country's armed forces.

o Can deploy military forces and make decisions regarding national defense, although
the Congress (or legislature) often has the power to declare war and approve
military funding.

5. Foreign Relations:

o The president represents the country in foreign affairs.

o Has the power to negotiate and sign treaties and international agreements
(although treaties typically require Senate approval in the U.S.).

o Appoints ambassadors and other high-ranking foreign policy officials.

6. Appointment Power:

o The president appoints judges to the federal judiciary, including the Supreme Court
in the U.S., with confirmation from the Senate.

o Appoints key officials to the executive branch (e.g., cabinet members, heads of
federal agencies).

7. Veto Power:

o The president can veto bills passed by the legislature, preventing them from
becoming law. The veto can be overridden by a supermajority in the legislature.

8. Pardon Power:

o The president has the power to grant pardons and reprieves for federal offenses,
effectively absolving individuals of criminal convictions or reducing their sentences.

9. Emergency Powers:

o The president can take special actions in times of national crisis or emergency, such
as declaring a state of emergency or taking extraordinary measures to address issues
like natural disasters or national security threats.

10. Impeachment:

• The president can be impeached and removed from office for committing high crimes and
misdemeanours. The impeachment process typically starts in the legislature (e.g., the U.S.
House of Representatives), and a trial is held in the Senate.

Role of the Prime Minister (PM)

The Prime Minister is the head of government in a parliamentary system, responsible for leading the
executive branch and making decisions on key national issues. While the President (or Monarch, in
some countries) may be the ceremonial head of state, the Prime Minister holds the real political
power.

Key Roles and Powers of the Prime Minister:

1. Leader of the Government:

o The PM is the chief executive and the leader of the government. The PM directs the
overall direction of government policy, administration, and decision-making.

o The PM ensures that the government functions effectively, and is responsible for
maintaining the political stability of the country.

2. Forming the Government:

o The PM is usually the leader of the majority party in the lower house of Parliament
(e.g., Lok Sabha in India or the House of Commons in the UK).

o Following elections, the President invites the leader of the majority party (or a
coalition) to form the government. This is an important responsibility of the
President (or monarch).

o The PM appoints ministers from the elected members of Parliament to form the
Council of Ministers.

3. Cabinet Leadership:

o The PM is the presiding officer of the Cabinet, the collective decision-making body
of the Council of Ministers.

o The PM sets the agenda for Cabinet meetings and leads discussions. Although the
Cabinet is a collective decision-making body, the PM often has significant influence
over the final decisions.

o The PM resolves disagreements within the Cabinet and is responsible for the
implementation of Cabinet decisions.

4. Policy Formulation:

o The Prime Minister plays a key role in shaping the national policy on issues ranging
from economic strategy, foreign policy, national security, social welfare, to domestic
reforms.

o The PM may outline the government's agenda in the annual budget speech or
through speeches in Parliament, setting the tone for key priorities.

5. Representing the Country:

o The PM represents the country in diplomatic relations, participating in international

meetings and negotiations with other heads of state or government.

o The PM often speaks for the nation on matters of national importance, both within
and outside the country.

6. Adviser to the President:

o In countries like India, the Prime Minister is the principal adviser to the President on
all matters of government, including recommending the dissolution of Parliament
and the appointment of ministers.
 o The President can ask the PM to seek the advice of the Cabinet or consult the
legislature, but decisions are generally made by the PM in consultation with the
Cabinet.

7. Crisis Management:

o The PM plays a leading role in managing national crises, whether political, economic,
or natural disasters. In times of national emergency, the PM's leadership becomes
even more crucial.

o In some cases, the PM may have the authority to declare a national emergency or
recommend other extraordinary measures to deal with crises.

8. Dissolution of Parliament:

o The PM can advise the President to dissolve the lower house of Parliament and call
for general elections.

2. Role of the Council of Ministers

The Council of Ministers is the body that helps the Prime Minister in the functioning of the
executive branch of government. It consists of the ministers appointed by the Prime Minister,
including senior ministers who form the Cabinet, as well as junior ministers and state ministers who
assist in specific areas.

Key Roles and Powers of the Council of Ministers:

1. Collective Responsibility:

o The Council of Ministers, headed by the PM, is collectively responsible for the
decisions made by the government. This means that the entire Council must support
and defend the policies and decisions of the government in Parliament.

o If the Council of Ministers loses a vote of confidence in the lower house of

Parliament (e.g., Lok Sabha in India), the entire government must resign.

2. Cabinet Ministers:

o The Cabinet is the highest decision-making body within the Council of Ministers. It
includes senior ministers, often heading important ministries (e.g., finance, defense,
external affairs).

o The Cabinet has the ultimate responsibility for formulating policy and making
significant decisions on matters like foreign relations, defense, and economic policy.

o The PM typically holds meetings with the Cabinet, where ministers discuss and
deliberate on policy matters. The Cabinet Secretariat facilitates these meetings.

3. Ministers of State:

o These are junior ministers who assist the Cabinet ministers in the functioning of
their respective ministries. Ministers of State are generally responsible for specific
divisions or departments within a ministry.

o While they do not have as much decision-making power as Cabinet ministers, they
play important roles in executing policies and programs.
 4. Assisting in Lawmaking:

o The Council of Ministers is responsible for introducing bills and laws in Parliament.
Cabinet ministers draft legislative proposals in their respective areas and present
them to the legislature for discussion and approval.

o The Ministers of State often assist in presenting or managing specific bills or issues
in Parliament.

5. Policy Implementation:

o The Council of Ministers ensures that policies passed by Parliament are implemented
effectively through the various ministries and departments.

o Each ministry is responsible for implementing policies in specific sectors (e.g.,

education, health, agriculture, defense), and the ministers ensure that the
government's agenda is executed on the ground.

6. Advising the Prime Minister:

o The Council of Ministers collectively advises the Prime Minister on critical matters.
While the PM has the ultimate authority, Cabinet ministers have significant input
into decision-making.

o The PM relies on the advice and support of the Council to make informed decisions,
especially in complex matters that require expertise from different fields.

7. Dealing with National Issues:

o The Council of Ministers is responsible for formulating government policy on a wide

range of issues, including social, economic, and foreign policy.

o It coordinates the government's response to emerging national issues, like economic

crises, national security threats, and public health challenges.

3. Types of Ministers in the Council of Ministers

1. Cabinet Ministers:

o These are the senior ministers responsible for the most important government
functions (e.g., Finance Minister, Defense Minister, Foreign Minister).

o They usually head ministries or departments, and their decisions carry significant
weight.

2. Ministers of State (Independent Charge):

o These ministers are in charge of specific ministries or departments but are not part
of the Cabinet.

o They operate with a degree of autonomy but report to the Prime Minister or the
Cabinet Minister for coordination.

3. Ministers of State:

o These ministers assist Cabinet Ministers in managing specific divisions within

a ministry.
 o They do not have independent charge and generally report to the Cabinet
Minister heading the ministry.

4. Collective and Individual Responsibility

• Collective Responsibility: The entire Council of Ministers (including the PM) is collectively
responsible for the actions and decisions of the government. This means that if the
government is defeated in a vote of confidence in the legislature, the entire Cabinet,
including the Prime Minister, must resign.

• Individual Responsibility: Each minister is individually responsible for the functioning of their
respective ministries. If a minister fails in their duties or acts improperly, they can be held
accountable and may be dismissed by the Prime Minister or forced to resign.

Functions of the Lok Sabha

1. Legislative Functions:

o Law-Making: One of the primary functions of the Lok Sabha is to make laws. Bills are
introduced and debated in the Lok Sabha before being passed. Most legislation
needs to be approved by both the Lok Sabha and the Rajya Sabha (the upper house)
to become law.

o Money Bills: The Lok Sabha has the exclusive power to introduce and pass money
bills, which deal with matters of national expenditure, taxation, and the allocation of
funds. While the Rajya Sabha can suggest amendments, it cannot reject a money bill.

o Budget: The Lok Sabha plays a key role in approving the Union Budget. The finance
minister presents the budget in the Lok Sabha, and it must be debated, scrutinized,
and passed by the house.

2. Control Over the Executive:

o Collective Responsibility: The Lok Sabha is crucial in holding the Council of Ministers
accountable. Since the government is formed by the majority party (or coalition) in
the Lok Sabha, the Prime Minister and other ministers are directly responsible to the
Lok Sabha for their actions and policies.

o No Confidence Motion: The Lok Sabha has the power to express its lack of
confidence in the government through a motion of no confidence. If the majority of
the Lok Sabha members vote in favor of this motion, the government must resign.

o Question Hour: Members of the Lok Sabha can ask questions to government
ministers on issues of national importance, ensuring accountability and transparency
in the functioning of the government.

3. Representation of the People:

o The Lok Sabha is directly elected by the people through general elections. Each
member (MP) represents a specific constituency and is expected to represent the
interests and concerns of their constituents in the house.
 o It serves as a forum for discussing national issues, and members can raise matters of
public interest, highlighting problems faced by people in different parts of the
country.

4. Debate and Discussion:

o The Lok Sabha is a forum for debating important national and international issues.
Laws, policies, and bills are discussed and deliberated upon in the house. These
debates allow MPs to scrutinize government policies, suggest amendments, and
ensure that laws reflect the will of the people.

o During these debates, members can express their opinions, offer solutions, and
challenge the government’s stance on various issues.

5. Amendment of the Constitution:

o The Lok Sabha plays a role in constitutional amendments. While certain

amendments require a special majority of both houses, the Lok Sabha's approval is
crucial. Bills for amending the Constitution must pass through both the Lok Sabha
and the Rajya Sabha to be adopted.

6. Electoral Functions:

o The Lok Sabha participates in the election of the President of India. While the
electoral college for the President consists of elected members from both houses of
Parliament, the majority of the votes come from the Lok Sabha.

o It also plays a role in the election of the Vice President, who is elected by members
of both houses of Parliament.

7. Impeachment and Removal of Officials:

o The Lok Sabha has the power to impeach certain officials, such as the President of
India or judges of the Supreme Court, for misconduct. The process involves both
houses of Parliament, but the initiation often happens in the Lok Sabha.

o Additionally, the Lok Sabha can remove certain officials from their positions, such as
the Speaker or other officers of the house, through a vote of no confidence.

8. Reviewing the Work of the Government:

o The Lok Sabha exercises scrutiny over the government's work through committees
and questioning. These include the Public Accounts Committee and the Committee
on Estimates, which examine the allocation and spending of government funds. MPs
in these committees can investigate irregularities and question ministers or officials.

The Rajya Sabha, or Council of States, is the upper house of the Parliament of India, and it plays a
key role in the legislative process alongside the Lok Sabha (the lower house). While the Lok Sabha
represents the people directly through elected representatives, the Rajya Sabha represents the
states and union territories of India, providing a platform for regional representation in the
legislative process.

The Rajya Sabha performs several critical functions that ensure a balance of power between the
states and the central government. Below are the primary functions and roles of the Rajya Sabha:
1. Legislative Functions

• Law-Making: Like the Lok Sabha, the Rajya Sabha participates in the process of law-making.
A bill can be introduced in either house of Parliament, but it must be approved by both the
Rajya Sabha and Lok Sabha to become law.

o Introduction of Bills: Bills can be introduced in the Rajya Sabha (except for Money
Bills, which must be introduced in the Lok Sabha). Members of the Rajya Sabha
debate and amend these bills before they are passed to the Lok Sabha.

o Amendments and Reconsideration: The Rajya Sabha can suggest amendments to

bills passed by the Lok Sabha. However, if there is a disagreement between the two
houses, the Lok Sabha's decision usually prevails, especially for non-financial bills. In
case of a deadlock, a joint sitting of both houses can be convened to resolve the
issue.

• Review and Scrutiny: The Rajya Sabha serves as a second chamber of review, scrutinizing
bills passed by the Lok Sabha. While the Rajya Sabha can delay bills for a maximum period of
six months, it cannot veto them entirely, except for Money Bills, over which it has no power
to amend or reject them.

2. Financial Functions

• Money Bills: The Rajya Sabha has no powers over Money Bills (which deal with taxation,
government expenditure, and loans). Money Bills can only be introduced in the Lok Sabha,
and the Rajya Sabha can only suggest amendments, which are non-binding. The Rajya Sabha
has 14 days to consider a Money Bill, after which it is automatically sent back to the Lok
Sabha.

o The Lok Sabha can either accept or reject the Rajya Sabha’s suggestions, but it is the
Lok Sabha's decision that prevails. This gives the Lok Sabha greater control over
financial matters.

• Approval of the Budget: The Rajya Sabha participates in the discussion of the Annual Budget
presented by the Finance Minister, though it cannot vote on it unless a Money Bill is
involved. The Rajya Sabha can debate the budget but cannot make changes to it directly.

3. Representation of States

• Federal Representation: The Rajya Sabha provides representative democracy for the states
and union territories of India. Members are elected by the elected members of state
legislatures (and the Legislative Assemblies of Union Territories), or appointed by the
President (nominated members).

o The Rajya Sabha thus represents a federal character of India’s government, with
each state, regardless of its size or population, ensuring representation in the Upper
House.

• Balanced Regional Representation: The Rajya Sabha ensures that the interests of smaller
states and less populous regions are represented in the legislative process, preventing the
larger states from having disproportionate influence.

4. Revising and Amending the Constitution

 • Amendment of the Constitution: The Rajya Sabha has an important role in amending the
Constitution of India. Any constitutional amendment requires approval from both houses of
Parliament. This process typically involves a two-thirds majority in both the Lok Sabha and
the Rajya Sabha.

• Initiating Constitutional Amendments: Although amendments can be introduced in either

house of Parliament, they must be passed by both. The Rajya Sabha's role is crucial in
ensuring that any changes to the Constitution have broader support across India's regions,
not just in the Lok Sabha.

5. Oversight and Accountability

• Scrutiny of the Executive: The Rajya Sabha has various mechanisms to ensure that the
executive (the Council of Ministers) remains accountable to the legislature:

o Debates and Discussions: The Rajya Sabha conducts debates on a wide range of
national and international issues, including government policies, programs, and
actions. The discussions often serve as a means to scrutinize the functioning of the
government.

o Questions and Answers: Members of the Rajya Sabha can ask questions to the
government on various issues, especially those related to their ministries, regions, or
national policies. These questions are answered by the respective ministers.

o Committees: The Rajya Sabha has a system of committees that scrutinize the
activities of the government in greater detail. These include:

▪ Public Accounts Committee (PAC): It examines the accounts of the

government and ensures that public funds are used appropriately.

▪ Estimates Committee: It reviews government spending, ensuring that funds

allocated for various projects are utilized properly.

▪ Standing Committee: These committees examine bills and government

proposals, suggesting amendments or improvements.

6. Special Powers

• Power to Initiate a Motion of No Confidence: Although a motion of no confidence can only

be moved against the Prime Minister and the Council of Ministers in the Lok Sabha, the
Rajya Sabha still plays a crucial role in holding the government accountable by debating and
discussing national issues.

• Election of the President and Vice President: Members of the Rajya Sabha participate in the
election of the President and Vice President of India, along with the members of the Lok
Sabha. This indirect election is based on an electoral college comprising members of both
Houses of Parliament.

• Impeachment of the President: The Rajya Sabha is involved in the process of impeaching the
President of India. If a motion for impeachment is introduced, it must be passed by both
houses of Parliament, including the Rajya Sabha, by a two-thirds majority.

7. Protecting Minority Rights

 • Representation of Minority States: The Rajya Sabha provides a platform for minority states
and regions to voice their concerns. This helps ensure that legislation does not
disproportionately favor larger states and that the interests of smaller or less populous
regions are considered.

• Nominated Members: The Rajya Sabha includes nominated members (up to 12) appointed
by the President of India. These members are experts in fields such as literature, science,
art, and social service, ensuring that the house benefits from a diversity of perspectives and
expertise beyond mere electoral politics.

8. Important Committees of the Rajya Sabha

The Rajya Sabha has several important committees, which help in scrutinizing the work of the
government and Parliament itself. Some key committees are:

1. Rajya Sabha Select Committee: This committee examines bills in detail and suggests
amendments to improve the legislative process.

2. Committee on Government Assurances: This committee ensures that assurances given by

the government on the floor of the house are implemented in a timely manner.

3. Committee on Subordinate Legislation: This committee scrutinizes regulations, rules, and

orders issued by the government under the powers granted by Parliament.

4. House Committee: This committee looks after the internal functioning and administration of
the Rajya Sabha itself.

5. Privileges Committee: This committee deals with matters related to the privileges of
members of the Rajya Sabha, ensuring they are not unduly restricted in the exercise of their
parliamentary functions.