A) Historical Aspect
Democratic decentralisation in India has a robust historical background, the stages of evolution, revival and growth starting from the ancient Vedic civilisation (1200 BC) to modern India.
- The notion of “self -rule” in rural India succeeded during the ancient period in the name of “ sabhas” which were the strong grounds for making “participatory community based decisions of self-rule” by the designated traditional village head or a group of heads.
- The Panchayats had both executive and judicial powers, including the power to decide land revenue, village administration and providing taxes to higher administrative bodies.
- Important characteristics of these Panchayats were (during ancient period) that they had been the hinge of administration, the centre of social life, an important economic force and a focus of social solidarity.
- Several policy measures were introduced by the British Government, including the government of India Acts 1919 and 1929, which paved the way for strengthening decentralized Governance in pre-independent India.
- The Government of India Act, 1919 introduced the concept of division of powers between the centre and the provincial legislatures by separating the central and provincial subjects. For the first time, it introduced bicameralism consisting of an Upper House and Lower House.
- The Government of India Act, 1935 pronounced the period of federalism by adding the conception of “Quasi -Federalism” and used the expression ‘Federation of India’.
- Indian freedom movement and the unity between different provinces and states represent the basic character of Indian federalism.
- The Government of India Act 1935 provides to establish India as a Federation of States. However, it also provided for a powerful Centre.
- Under this system, the Provinces derived their authority directly from the Crown and exercised legislative and executive powers, broadly free from Central control, within a defined sphere.
B) India Federalism
The core of India’s federal structure stems from the Seventh Schedule of Indian constitution, which has three lists—Union, concurrent and state.
Though the Indian Constitution does not use the word ‘federalism’ anywhere; however, the structure of Indian government is divided into two sets of government’s i.e.
- For the entire nation known as the ‘Union Government’ (or central government) and
- For each unit or state known as the ‘State Government.’
India is a federal system but with more tilt towards a unitary system of government. It is considered a quasi-federal system as it has features of both a federal and a unitary system.
Article 1 of the Indian Constitution states, ‘India, that is Bharat, shall be a union of states’.
The Constitution of does not mention India as a ‘federation’ but ‘Union of states’.
Article 1 of the Indian Constitution suggests that the territory of India shall be classified into three categories:
- Territories of the States
- Union Territories
- Territories that the Indian Government can acquire at any point in time
Currently, there are 29 states and 7 union territories. The government of India can acquire some states at any point pertaining to factors such as cession, occupation, conquest or subjugation. Foreign territories such as Dadra and Nagar Haveli, Goa, Puducherry, and Sikkim have had been acquired by the Indian government since the constitution started functioning.