WHAT IS FEDERATION
Federalism at Work
WHAT IS FEDERATION: Although the union often has symptoms of the decentralized political system, there is a difference between the two. Not only responsibilities in the Sangh are decentralization but there is also a constitutional guarantee of the responsibilities played by component governments. Elazar and Osagra associations prefer to call non-decentralized. Decentralization refers to the transfer of power from top to bottom with hierarchy, while non-centralization is constitutionally scratched by the constitutional structure, which is a necessary symptom of the association.
Although this general symptom separates the unions from the unitary system as Nathan and Watts have said. The boundaries of power between the associations have wide differences on the basis of the resources given to different levels of government. Any quantitative index cannot be widely measured in terms of effective regional non-centralization and the decision making inherent in it. The distribution of legislative and administrative jurisdictions in multi-indexes which are unequal The location of financial institutions, the decentralization of non-governmental organizations, the constitutional boundaries and the decision-making of the component governments in the federal government come in level.
WHAT IS FEDERATION: In any union, the sharing of financial resources between the two-level governments is important for two reasons. First, these resources enable or compel them to play legislative and executive responsibilities given to governments. Second, tax and expenditure power are an important means of influencing and regulating the economy itself.
WHAT IS FEDERATION: It has been proven impossible to create a federal constitution to fulfill the responsibilities of government spending of each level with the allocation of autonomous revenue sources. If it is possible at the beginning, the changes in price and expenditure areas, in relation to different phases, will change the timing imbalance over time.
WHAT IS FEDERATION: In addition, most of the associations have tried to remove the inequality and imbalance of revenue potential of component units. These fiscal arrangements have been in highly controversial issues between the governments and recent federal fiscal constraints have stressed this tension. Comparative study of these associations in respect of shared revenue of these associations and unrestricted grant equalization system and fiscal arrangements has highlighted the nature of cooperation and conflict between governments.
The main objective of federal political arrangements is to protect the constituent communities of their area. Generally, there is a conflict between regional equality and equal representation of citizens in common institutions. Most associations are interested in balancing these two types of similarities.
WHAT IS FEDERATION: In achieving this kind of balance and in the additional political activism of these associations, executive-legislative relations are conclusive among the common institutions. Various forms of this relationship are found in examples of executive legislature coincident with the parliamentary responsibility in Switzerland, Canada, Australia, Germany, Belgium, India, and Malaysia, during the term of the swearing-in of Switzerland, sharing of power in the Congressional framework of the United States. He not only shaped the character of the administration of political and shared institutions but also created the association or conflict under the nature of relations between the governments and the associations.
Conditions for the Formation of Federation
(i) Geographical proximity:
Geographical proximity to the union is a requirement. If the units are geographically distant, then their union cannot be formed.
(ii) Union Desire:
The creation of a union is possible only if the will of the units is of a general objective. For this, they give some powers to the union without losing their identity.
(iii) The absence of discrimination between federal units:
There should not be excessive inequality among the states. If there is a great difference, then big states will try to dominate the small states.
(iv) Extremely substantial resources:
There should be sufficient economic resources among the states. There is more emphasis on spending in a double government. If the state does not have enough resources, then it will depend on the center for everything and the center will apply its terms.
(v) Equality of social and political institutions:
In one state social and political institutions should face face-to-face.
(vi) Political education:
The union is a complex joint institution and if its citizens are politically educated and enlightened it will work properly.
(vii) National sentiment:
All units should have a sense of loyalty to the Center, so that they can all remain united during the war and other emergencies.
Federation and Confederation
WHAT IS FEDERATION: In the year 1982 AD, King saw discrimination in unionism and union. However, some ambiguity was seen in this imported idea. Federalism was a regulatory and philosophical concept in which the federal principles were advocated. At the same time, the Sangh is a detailed term which points to a particular type of institutional relationship.
Others, such as Elazier, Burgess, and Gagman, described both of these words as descriptive. According to him, Unionism is a class of political organizations, in which there are many species, such as Union, Confederation, State, League, Condominiums, constitutional, regionalism, and constitutional Home Governance. Under the broad category of federalism, the union is a species. In fact, the research committee of the International Political Science Organization on Unionism and the League has also accepted this distinction.
As a regulatory concept, there are one or two general concepts in federalism. One is the shared effort to meet the shared objectives, which is the priority of the citizens and for the other purposes self-governing regulatory concept of component units. Unionism advocates the behavioral balance of these two elements.
WHAT IS FEDERATION: This concept originated from J. Hamilton’s The Federalist of Meditation (1788) and lobbied for such kind of federalism in the English-speaking world. Its main examples are Hair (1963) and Illazir (1987). The second concept was born on an ideological basis, particularly advocating federalism of many European kings (1982) and Burgess and Gagman (1993). The Sangh is a mixed state government law in which component units and general government use the powers conferred by the citizens through a constitution.
Every government directly deals with citizens and is empowered to exercise legislative, administrative taxation power and is elected directly by the citizens. Although India is a union state, the federal word has not been used anywhere in the Constitution, India will be a union of states.
WHAT IS FEDERATION: This led to a dispute that constitution makers used the term union instead of the federal word for the interpretation of the nature of the Indian government system. This will probably be the reason that the Union word emphasizes the unity and integrity of the bite more than the federal word. Let us discuss the main features of Indian Unionism.
Indian Unionism is central federalism. When India became independent then it was divided into states for administrative convenience. Changes in federalism and political circumstances also led to changes in federalism.
WHAT IS FEDERATION: This led to the increased power of the Center, which resulted in centralization. This is true in Indian Unionism. The Indian Union is territorial because it adopts a dual policy for the Center and the States. Indian Unionism is horizontal which lean towards strong unitary. This means sharing of power between central and state governments.
Indian Unionism is flexible and changes in unitary time in an emergency. Indian Unionism is collaborative, which seeks cooperation between central and states in many cases of common interest. Like Prof. W.H. Morris-Jones says neither the center nor the state can impose a judgment on each other.
Federalism in Practice
Federalism is as old as the American Constitution (which came into existence from 1787 AD). The thirteen colonies governed by the British needed a union to build their independence and a new nation. That’s why he first created a federation under the name of the United States. However, they won in the war and thirteen colonies gained independence.
WHAT IS FEDERATION: After attaining independence, it began to feel that the federation was not more effective for the management of states. So Washington, Hamilton, Madison, and many new states tried to build a union. In this context, in the Philadelphia Conference of 1787, he adopted this principle that the functions and powers of the Central Government will be defined and enumerated by the Constitution, while the residual powers will be related to the states. States of the United States use more powers than the Central Government of Canada and America. In this case, the US Central Government is relatively weak in comparison with the Government of India and Canada.
(i) Swiss Confederation:
After the US, in 1847, the Swiss Confederation came into existence due to severance of seven Catholic canteen. Majority Protestants crushed the different league makers. The defeat of seven Catholic states was the victory of national unity effort. The Constitution that the Swiss people adopted was very close to the American system. The Constitution says the Swiss Confederation, although it was actually a union.
WHAT IS FEDERATION: Thus the Confederate confuses the word. The center of Switzerland is more powerful than the center of the United States. The Swiss Center has the right to military intervention. The powers of the center have been enumerated and the residual powers belong to the units. There is administrative decentralization in Switzerland.
(ii) Australian Union:
The Australian Union was formed for strong general security. On January 1, 1901, it embodied itself. The enumerated powers are related to the center, while the residual powers belong to the states.
(iii) Canadian Union:
WHAT IS FEDERATION: With the aim of better security and economic power, the Canadian Union came into existence in 1867. The American Civil War has inspired Canadian constitution makers for a strong center. The enumerated powers were given to the provinces and residual powers were near the center.
(iv) Soviet Union:
Communist States I was the federal government in the Soviet Union. In 1963, the federal government was established in Soviet Russia. The powers of the union government were specified and the residual powers were given to the constituent republics. Republicans have the right to be separated. Pro. Wherever says – the constitution of 1936 is semi-federal but does not consider the Soviet Union as a working federal government.
(v) Indian Unionism:
WHAT IS FEDERATION: Indian Unionism began with the Government of India Act of 1935. India, which came into force on January 26, 1950, ie India There will be a union of states. India is a typical example of the Union. In Michael Stewart’s Modern Firm of Government, the Indian Union has shown that there is a form of union between “a unitary state and a federal state.” How. Weire believes that the Indian Constitution is semi-federal.
WHAT IS FEDERATION: Multi-Level Federalism
WHAT IS FEDERATION: In India, the institutionalization of federal principles has to be understood in terms of specific needs of India’s post-colonial society. Although democracy and unionism are not synonymous, but in the context of India, the Constitution makers did not think so, perhaps they were taking care of India’s socio-cultural diversity.
However, over time it was noticed that Indian Unionism has not been able to test its criterion. Without difficulty, we can say that there are some flaws in its functioning. The state constantly complains of being a step-deed with them, demanding violence and politics of violence. The theory of democracy and federalism has not been transformed properly. Sharing territorial sovereignty and the sharing of resources proved insufficient.
Unionism is still an effective institutional system for many societies. The union system is based on an agreement between unity and social ethnic and regional diversity. It is effective between the need for central power and curb or control of power. However, the requirement is that (by respecting their history and traditions between different groups and communities, strengthening the relationship between democracy and federalism by enhancing the right to share sovereign power.
According to contemporary aspects, structured federal India needs to be changed. This chapter discusses the theoretical aspects of federalism as organizational management. After this, it discusses the historical origin of federalism in India. It discusses the new provisions of the Articles of the Constitution that make India a Union.
This chapter then discusses the political and economic dimensions of Indian Unionism with these three dimensions – why the power center was given priority, what was the transformation in the era of liberalization and after independence, how did globalization work? In the end, the chapter says in conclusion that regionalism like India and federalism will be the best tool for the rule of a multi-society.
In modern times, the organization’s politics places the central place of the state-states. Regional state governs citizens by using the power of sovereignty. Thus there is always a regional dimension in governance. In modern times, all national and state territories are divided into regional and regional provincial or local institutions.
Generally, in today’s time, two common forms of regional organizations are found – federal and unitary systems. As a concept, the sub-arrangement provides control and balance on a regional basis, brings some of the tasks of the people closest to the people and gives representation in ethnic, cultural and regional differences.
Thus, it considers the most appropriate institutional arrangements for large and diverse societies. The third form of this is Confederation, but it has generally been proved inappropriate. A federal system establishes a two-level government with the allocation of fixed jobs. Legally, neither of them is subordinate to each other.
The legal sovereignty is shared between the federal government and the constituent states. The existence and work of the states are secured from a union. This means that they can only be changed by constitutional amendment. This safe state of the states makes associations (such as the United States and Canada) different from unitary governments (such as the United Kingdom and France).
In almost all unions, the guarantee of the votes of the states in national policy-making is guaranteed by the upper house (which is represented by the states). Thus the unionism is the principle of sharing the sovereignty between the center and the states. It is a part of the broad ideology of pluralism. Pluralism diversity or multi-variation i.e. many have faith and commitment in existence. It is believed that diversity is healthy and necessary because it promotes independence partnership and accountability.
It believes that power should be distributed broadly and equally in society, not on the basis of centralization in a group or institution. As a result, it provides the basis for working democracy well. Sharing sovereignty: Central and regional provincial institutions, two union systems are not the same. Sharing the sovereignty between central and regional provinces or institutions is a key feature of it.
At least theoretically it gives protection that government of any level will not encroach on other powers. In principle, it gives the experience of democratic values such as participatory responsiveness, legitimacy etc. Local institutions are more close to people. In this not only can the government be responsible for social interests but also to the special needs of certain groups.
With this, the decisions taken locally get more validity. This union system is capable of protecting individual independence and autonomy of institutions through the network of distribution and control and balance of government powers. Unlike some unitary states, the union is essentially thinking-and-generated by a constitutional agreement.
For example, in 1787 a meeting of representatives from 13 U.S. states in Philadelphia originated the United States. This conference was transformed into the first union of the world and it was considered the ideal union by many scholars.
WHAT IS FEDERATION: New Contexts of Federalism
The process of the emergence of Indian Unionism – the rise of regional development, political identity, the end of the rule of one party, the judicial interpretation of the Constitution etc. The idea of three decades, as discussed earlier. The Indian nation has been defined in how the nation was liberated from foreign occupation and the framework of the socio-economic system of independent India gave the national leadership the ideas and intentions which could lead the rule of a new nation.
At the top of all these objectives was to save national unity and dignity from all internal and external threats at all cost. The partition of the country only strengthens their resolutions. Dealing with the demand of disgruntled domestic, ethnic, religious linguists and cultural groups, I have been following two stringent rules since independence.
First, any separatist movement will be considered illegal and if necessary, it will be crushed with the help of armed forces. The strengthening of all separatist demands in independent India, especially in the North-East states of the country and later in Punjab and Kashmir, have been dealt with this in this manner.
Second, there is a ban on the demand for political recognition in some form of a religious community. There will be freedom to protect the laws and customs of religious minorities (whom they deem appropriate), but they can not demand proportionate representation in their own constituencies or even under the Indian Union for separate elections or government bodies.
After Independence, there has been a major change in central-state tensions and contradictions. There was a big political debate on the interests of the interests. The power between the ruling party in the center and the wide range of opposition parties gives options to the centers in any period, in the form of a coalition and at various centers.
A parallel trend appeared with economic disputes. Contradictions have been observed in the growing laborious organizations which are weakened by increasing urban and rural working class and ruling classes and logic of change. After independence and fragmentation, cultural and linguistic differences in center-state relations have added new political idioms. Where political and economic tensions develop dimension of center-state tensions, cultural linguistic and even communal tensions are important in certain circumstances.
Language and culture emphasized non-Hindi speaking states (especially in those regions which were outside the Hindi-speaking core region of India- Uttar Pradesh, Bihar, Madhya Pradesh, and Rajasthan) and this is a special feature of multinationalism that India was created from. The demand for the privilege for justified political power and weak territories came in the form of more autonomy for different states, demand for economic resources. Simultaneously, demand for liberal investment in the states of Central resources (away from the Hindi-speaking core area) was demanded.
The nature of the disputes and its solutions followed the methods of the political development of India. The change in the party system in contemporary times The rise of coalition politics at the Center and at the state level re-written the equations of the union. The relations between Indian parliamentary unionism and coalition politics are somewhat liberal. Differences between national and regional parties are not based on their competition. Most of them compete for both assembly and parliamentary elections.
In India, the state is different on the basis of population and size and they work in the Parliament for various claims. With their growing importance at the national level, they have been able to reduce the cleverness and discretion of the central parties. It came as a result of reviving federal relations in India.
A new change was seen in the economic sector too. The development path has taken after independence changed and India has taken the path of reform through liberalism. Economic reforms and globalization made it necessary to inspect the Indian Union system.
Especially when all the layers of the union are closely related to foreign governments and global economic corporations. Changes in the planned market economy in contemporary India, redefine the role of the state and the obvious symptoms of decentralization are found. The traditional current system was based on constitutional sharing of economic resources. Centralized employment was adopted in the mixed economy for social engineering.
Economic and social planning has put financial powers in the center. The development of Planning Commission, such as development over time, nationalization of major financial institutions such as banking insurance etc. strengthened the financial condition of the Center and increased political control over the states as they rely on the center in the financial sector. Economic reforms in India started slowly in the 1980s and in early 1990, it caught pace due to the pressure of the external crisis.
WHAT IS FEDERATION: Political and Fiscal Dimensions of Federalism
The complex and cultural asymmetrical democracy like India tried to manage its diversity through the federal institutional order. But the maximum strength of groups in Indian society is greater. Demand for resources and autonomy has increased. Some demands have been successfully incorporated by the politicians and the government by the creative management of central-state relations.
Strengthened central-state relations to maintain manageably. Demand for a powerful group is mainly the product of conflict within the state and, perhaps, come in the form of demand for states which primarily collides with the center and if discouraged, it can create separatist sentiments. Yet in some cases, things come in the form of inaccurate and violent separatist movements, which are implicit in the implications of the Center in the democratic process.
WHAT IS FEDERATION: In the Swiss Constitution, the term “federation” has been used, which points to the nature of the organization of the canton, while constitutional experts portray it as a union. Though often these two words are used for each other, the Confederacy and association are different but their meaning is very different.
In a union, there are general government and some regional governments, each of which uses the power obtained from the constitution independent of each other. Like a federation, Oppenheim is said that some sovereign states join a union with each other to maintain their external and international treaty and its parts are given some powers.
But the centers of the states do not use the powers of these states. Thus, the federation is an organization of sovereign states which is made to fulfill common objectives. It is manufactured by contract between a formal agreement or member states.
The Articles of the Confederations (1777), before the Swiss Confederation of 1815 to 1840 and the American Constitution of 1787, make the actual representation of the Confederation. Article 1777 and the American Constitution of 1787 clarifies the best difference between the Federation and the Union.
Under the Articles of the Federation, a single Congress in which every representative from each state is appointed for one year had the exclusive powers of sending the war and peace to the ambassadors and convening the summons and agreement currency and regulating the site and the navy except for some exceptions. Are.
But for the use of these powers, the Congress relies on the consent of thirteen Sovereign Member States. Thus, before the Constitution of 1787, the general government’s dependence on the regional governments was found. The current federal constitution is different from its predecessor. The present organization’s theory is of general and regional governments in their respective areas of cooperation and independence.
Like the Union, the Member States are gathered in the Federation for the fulfillment of certain general objectives and for the above purposes the above mentioned Central Machinery are constructed. Both of these appear to be equality but still, there is a significant difference between the union and the federation.
First, the principles of organization in these communities of the states differ from one another. The principle of subordination in the federation is – the general government is under the territorial government. In the same union, the general and regional governments cooperate independently in their respective areas. Second, the basic difference is in the source of the sovereignty of both types of associations. A federation is a league of sovereign states, on the other hand, the union includes a new state.
Thus it is clear that the federation shows a definite relationship between the sovereign states. Therefore, eminent thinkers such as Jelenneck, Lamb, and Oppenheim do not consider it a state. Whereas in the process of building a new state under a union, the state loses its sovereignty; It is believed that he has handed over his sovereignty to the new state.
Third Confederation is a temporary union that participates in the international convention with the consent of Member States. On the other hand, the Sangha is a permanent organization, and it has certain roots, the method of absoluteness. In a federation, sovereign states have independence independently of being separated from the Confederation at any given time. Thus the legal rights of separation do not belong to union units. Thus, if the states involved in the federation are caught in mutual armed rebellion or tensions, then it takes the form of an international war. This type of tension in the Sangh is called the Home war. It is worth noting that the looser structure of the Confederation makes it an unstable union. Generally, the end of the federation occurs from the dissolution of the separation union or the unitary state. On the contrary, the union is quite stable.
Last, in a union, the Central and State Governments work directly on the people, while the Central Government acts on the State Governments and the State Governments work directly on the people. A federation is a permanent organization based on the international legal agreement between two or more states. Those states keep their sovereignty and legal equality with them and their purpose are to achieve extra and external objectives through its organization. The newly established power does not encroach on states, but one of its permanent parts separates them from the other.
For this reason, a federation has an international legal character. On the other hand, a union state is a complex power in which the existing state is included. There is a new type of state structure which is based on the constitution. Union states keep the states (region population, political organization) but they seize the essential attribute of the state to sovereignty.
Federalism in the New States
The traditional theory of federalism seems to be changing in the neo-independent states. India and Malay are examples of those who make provision of powerful central power and are elaborate instruments of collaborative federalism. These emerging unionists have more diversity in political societies. Hence, the institutions of the Union reflect the federal nature of the society.
But along with the need for comprehensive social reforms and the need for quick economic growth, these states have moved towards the direction of macroeconomic planning. Any kind of coalition between planning and association brings disaster to the Sangh.
The plan promotes the trend of centralization, from which the federalism wants to avoid. other than this. Some emerging associations, I have promoted the tendency of centralized arrangements already in the constitutional framework, the preference of the one-party system. These political powers have brought centralized federalism to these countries and those countries are gradually making themselves friendly to it.
The major literature on federalism, federal systems, and associations, brings us to three broad conclusions. First, in the contemporary federal political system, both shared-governance and self-government are found, and this is the practical way of establishing the unity and benefits of diversity by the institutions. But this is not a panacea for sick political humanity.
Secondly, the effectiveness of a federal political system depends on things such as the need to acknowledge the constitutional ideals and structure, the willingness and tolerance of the people are accepted by the people, etc. There is a diversity in implementing the federal idea at both the third broad and the narrow levels.
As a result, a federal system has adjusted how many political truths do not depend solely on adoption of the federal system, but it depends on whether the system has adequately expressed the needs of the society or not.
Ultimately, the use of federalism is practically possible, and in varying circumstances, it will depend on the adoption of new institutional discoveries. However, this is not perfect, but federalist systems and unionist ideas have presented a medium of reconciliation in the world.
The challenge in front of scholars is that they contribute to a better understanding of federal systems by making compact, objective and comparative analysis and make new federal systems more pre-existing mechanisms more effective.