[The history of modern federalism began
with the founding of the United States of America
By Rajendra Shrestha
 |
| The green shaded parts are federal countries in the world |
Federalism is a
political system in which state power and sovereignty are
constitutionally shared between a central governing authority and constituent
political units. Central governing authority is often called a federation and
constituent political units are called states or provinces. Unlike a unitary
state, final authority is constitutionally divided between at least two
territorial levels so that units at each level have power to govern and can act
independently in some areas. The self-governing status of provinces is
constitutionally entrenched and cannot be revoked by a unilateral decision of
the central government. Both governments work simultaneously in the same
geographical area. Citizens thus have political obligations to two authorities.
The allocation of authority between the center and the federal units may vary:
the center has powers regarding defense, foreign, strategic economic policy,
national institutions and multi-provincial resources and the units have the
power to act independently in certain areas of governance such as development
works, education, employment, licenses, public health, local governments,
intrastate trade, language, culture etc. There is a written constitution which
formulates this power sharing arrangement between the
federation and its units.
In federalism, there is shared rule at the center and self
rule within the provinces. Federations may be multi-national and multi linguistic,
or cover a large area of territory, although neither is necessarily the case.
Federations are often founded on an original agreement between a number of
sovereign states. But in Nepal
2. Post-modern federalism
The history and
evolution of federalism is rich and complex. Facts show that federalism first started in Asia . According to Ronald
Watt, federalism began 3200 years ago among Israeli tribes. At the same time,
federalism was popular among Beduin tribes of Arabia . Similarly
Mahajanapadas were in existence in Indian sub-continent. From the evolutionary
period of federalism, to the modern European Union, federations come in many
shapes, sizes and purposes.
1. Classical Federalism
Classical federalism was first started in Switzerland
2. Modern or dual federalism:
The history of modern federalism began with the founding of the United
States of America USA Switzerland
3. Post-modern or
cooperative federalism:
This model of federalism is based on cooperation between
the center and the states. Sovereign power is shared between a central
government and the states. Economic competences are shared to a very high degree
at the central and the state levels and the states are involved at a very high
degree in federal decision making. Similarly center is directly involved in
economic equalization among the states. Economic equalization policy includes
extraction of more revenue from developed provinces and distribution of more
grants to under developed provinces. Center will provide bulk grant, budget
deficit grant, matching fund, grant for work etc. to the weak states. Examples
of this form of federalism are Germany Brazil Canada
3. Federal countries of the world
At present, Federalism is being followed not only in
American and European continents but also in Asia , Africa , Latin America ,
Australia Oceania . Twenty-nine of the world's one hundred ninety three
countries have a federal system. Much recent political attention is spurred by
renewed political interest in the form of federalism, as found through
empirical findings concerning the requisite and legitimate basis for stability
and trust among citizens. Federal Countries of the world are as follows:
1.
Asia : India Pakistan Malaysia United Arab Emirates Iraq
2.
Europe : Switzerland Austria Germany Russia Belgium Bosnia and Herzegovina Spain Liechtenstein
3.
North
America : United States of America Canada Mexico Saint Kitts and Nevis
4.
South
America : Argentina Brazil Venezuela
5.
Africa : Nigeria Ethiopia South Africa Sudan Republic
of Congo Comoros
6.
Australia Oceania : Australia Micronesia Palau
4. Nepal
Looking at these countries' political history, it can be
said that there are both advantages and disadvantages of federalism.
Contemplating a change in the governing set up of the nation after peaceful
people’s revolution in April 2007, the present Nepal Nepal Kathmandu and
disadvantage area like Karnali irrespective to the form of the state.
Federalism is advocated to reduce such disparity that the center would have
responsibility of equalization among the unequal provinces.
5. Principle of constituting federal units
S. N.
|
Federation
|
Area (km²)
|
Federal
Units
|
|
1.
|
27,80,092
|
23 provinces
|
1 federal district
|
|
2.
|
76,92,208
|
6 states
|
2 federal territories
|
|
3.
|
83,872
|
9 Bundeslader
|
||
4.
|
30,528
|
3 communities, 3 federal regions, 4 linguistic communities
|
||
5.
|
51,197
|
2 republic or entities
|
1
internationally supervised district
|
|
6.
|
85,14,877
|
26 states
|
1 federal district
|
|
7.
|
9,984,670
|
10 provinces
|
3 territories
|
|
8.
|
1,862
|
3 prefecture
|
||
9.
|
Democratic
|
23,44,858
|
25 states
|
1 federal city
|
10.
|
11,27,127
|
9 regional state
|
2 chartered cities
|
|
11.
|
3,57,023
|
16 Lander or Bundeslander
|
||
12.
|
31,66,414
|
28 states
|
7 union territories
|
|
13.
|
4,34,128
|
1 autonomous region, 18 governorates
|
||
14.
|
160.4
|
11 Gemeinden
|
||
15.
|
3,29,847
|
13 states
|
3 federal territories
|
|
16.
|
19,64,375
|
31 states
|
1 federal district
|
|
17.
|
702
|
4 states
|
||
18.
|
9,23,768
|
36 states
|
1 territory
|
|
19.
|
7,96,096
|
4 provinces
|
1 federal city and some autonomous territories
|
|
20.
|
488
|
16 states
|
||
21.
|
17,098,242
|
21 republics, 6 krays, 49 oblasts
|
2 federal cities, 1 autonomous region, 10 autonomous okrugs.
|
|
22.
|
261
|
14 parishes
|
||
23.
|
505,992
|
17 autonomous communities
|
2 federal cities
|
|
24.
|
12,19,090
|
9 provinces
|
||
25.
|
1,861,484
|
16 states
|
||
26.
|
41,284
|
26 cantons
|
||
27.
|
83,600
|
7 emirates
|
||
28.
|
9,629,091
|
50 states
|
1 federal district
|
|
29.
|
9,16,445
|
23 states
|
1 federal district
|
The table above shows Russia USA Canada USA India Australia Nepal Austria Switzerland territory
of Nepal Nevis has 4 parishes and Liechtenstein
It shows that there is not any acceptable principle about
how many provinces or states a country should be divided. It is based on
necessity and diversity. In Nepal
1.
Ethnic-linguistic-cultural
identity, geographical contiguity and historical continuity.
2.
Economic viability
followed by revenue generation capacity, gross domestic production, resources
availability, development of physical infrastructure, human development index
etc
3.
Balance between
population and geography, and
4.
Administrative
convenience.
In Nepal Nepal
6. Different names for federal units
There are different names given for the federal units.
Federal countries are made up of a number of sub-national entities called
states or provinces. In some cases, the federal government arose from a union
of the states, which delegated some of their sovereignty to the federal
government, while retaining the remaining part of their sovereignty. They are
generally called states. But in many other cases, these are creations of the
central government rather than sovereign states. So some scholars said
that it is not appropriate to name them as ‘state’. However, it is not the case. Many
federal units created by the central government used the term State. Such as India Nigeria Brazil Malyasia , Sudan etc
S. No.
|
Name of federal unit
|
Countries
|
1.
|
State
|
United States of America, Mexico, Venezuela, Nigeria, Brazil, Australia,
India, Malaysia, Micronesia, Sudan, Ethiopia
|
2.
|
Republic
|
|
3.
|
Lander/Bundes Lander
|
|
4.
|
Province
|
|
5.
|
||
6.
|
Emirates
|
|
7.
|
Prefecture
|
|
8.
|
Autonomous Community
|
|
9.
|
Parishes
|
Saint Kits and
|
10.
|
Governorates and Region
|
|
11.
|
Gemeinden
|
7. Inter-relation between the provinces or federal
units
There are two types of relationship between center and
provinces viz. vertical relation, which exists between the center and the
provinces, and horizontal relation which between one province to another
province. Inter Provincial relations are horizontal relations between the
provinces. No matter how successfully the rights are divided among the
federal units, there may arise problem in the use of those rights, which give
rise to conflicts and disputes. These types of conflicts should be solved by
mutual understanding and cooperation. Today’s world is inter- dependent. So,
developed countries help the developing countries. Some countries are totally
dependent on other country such as Liechtenstein Switzerland Micronesia Palau America Nepal Nepal
In the modern federation, the relationship between
federation and units seem to be developed by competitive philosophy. But this
competitive philosophy can be applied only when each part of the country has
equal economic as well as other infrastructures. At the time of foundation of
the United
States of America Nepal Nepal Nepal Nepal Nepal
1.
One province should
respect another province’s legal provisions.
2.
The provinces can
organize developmental works and projects with mutual cooperation.
3.
One province should
give information to another province on the matter of mutual benefit.
4.
One province can give
economic support, loan and other types of help to another province.
5.
Citizens of one
province can enjoy the privilege of travelling, working and staying in other
provinces.
6.
One province should
give equal facilities and protection to citizen of another province staying
there.
7.
Corporately conserve
environment and natural resources if necessary.
8.
If criminal of one
state runs away to another state then give responsibility to the respective
state looking after crimes.
9.
One state should agree
with another state’s public law, legal process.
10.
Decision of federal
Supreme Court should be followed by all the provinces.
The important factors of inter provincial relation for this
purpose are as follows.
1. Supremacy of people through constitution
In federal structure, there should be vertical and
horizontal, and political and economic cooperation. After the creation of
provinces, problems may arise among the center and provinces, and between
province and province regarding the rights and its use. To prevent these
conflicts, the legislative, executive and judiciary rights of the center and
the provinces should be clearly defined in the constitution. In Switzerland
In South Africa
2. Economic cooperation
Federal polity involves the setting up of dual governments
and division of powers. So the success and strength of the federal polity
depends upon the maximum co-operation and co-ordination between the Center and
the States. Collective actions between center and province and inter provinces
are needed to public works like highway systems, communication standards etc.
If there is smooth and friendly relation between the provinces, economic
development will be smooth in the country. The states can have trade relations with
each other. Goods produced in one state can be sold to another state where it
is needed. Like this, the need of importing goods will decrease which helps to
save foreign currency. Collective use of available natural resources should be
used by the provinces such as proposed Newah Province Newah Province
3. Sharing of innovation and efficiency:
Federalism has space for innovation and experimentation.
Provincial governments are policy laboratories that innovate and learn from
each other. Competition among governments in welfare of the people may yield
better policies. Two provincial governments can have two different approaches
to bring reforms in any area of public domain, be it taxation, development,
public health 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 other
province in the future. Kerala’s revolutionary land reform under the E.M.S.
Namboodiripad became model for many states in India Bihar under
Nitesh Kumar can be the model for other state for development.
4. Border
Delineation:
Border is the line of area surrounding a particular country
or state. In federal country there exist many states. One state may share a
common border with one state or more than one state. In union of sovereign
states, border delineation problem will not arise. But when a unitary state
transforms to a federal state by creating federal units, it is very difficult
to delineate borders. The conflict may arise among the people for more land or
resources. In this condition, there may arise problems of border encroachment
too. Similarly the common border area may be neglected by the states. Some
states may have no access to international border. In this case if it has no
friendly relation with the neighboring state it may face problem while
importing and exporting the goods from other states. To solve these problems,
central government can act as mediator. In this regard meeting, discussion and
implementation of law are important.
5. Internal controversy and conflicts
Certain forms of political and constitutional disputed are
common to federation as presented below.
1. Main issue of conflict in federal form of government is
the division of power and responsibility between center and provinces.
Similarly economic strategy, revenue and division of revenue, application of
law, patent right, big project, etc., are also often the source of controversy.
2. Another issue of conflict in federal system is the
problem of sharing the natural resources. Each part of the country cannot have
equal natural resources. Some federal units may have greater demands and
problems than others, creating either inequities or animosities arising from
redistribution of country’s resources.
3. Another common issue is the feeling of inequality among
the provinces. Central Government may give higher priority to some province
while completely ignoring other provinces.
4. Conflict between regional and national interests or
between the interests and aspirations of different ethnic groups may arise. In
some federations the entire jurisdiction is relatively homogeneous and each
constituent state resembles a miniature version of the whole. On the other
hand, multi-national and multi- linguistic federalism exists where different
states or provinces possess distinct ethnic groups or languages.
5. Similarly two or more than two province may share a
common border. The conflict among them arises regarding the development of
border area. One province passes the task of development of common border to
another and vice versa. Similarly internal protection and pollution related
subjects may be the sources of conflicts in the border area.
There should be constitutional mechanism for conflict
resolution in federal government system. The ability of a federal government to
create national institutions that can mediate differences that arise because of
ethnic, linguistic, religious, or other regional differences is an important
challenge. The inability to meet this challenge may lead to civil war, as
occurred in United
States Switzerland Soviet
Union and Yugoslavia Indonesia Serbia Cyprus
6. Conflict Resolution Mechanisms
In the federal system of government, there will be
formation of two or more than two system of Government. No matter how
successfully the rights are divided among the federal units there may arise
problem in the use of those rights, which gives rise to conflicts and disputes.
These types of conflicts should be solved by mutual understanding and
cooperation. Conflict could inter-personal, intra-institutional, inter-states,
between the rulers and the ruled, and the rich and the poor. In all of these
conflict scenarios, federal countries had different mechanisms which went into
managing and solving conflict. Behind the various mechanisms of conflict
management and resolutions, there existed some accepted principles. For smooth
running of the country it is necessary to solve these conflicts.
In some federal countries, central government has taken the
responsibility of solving disputes among the states. In some countries,
conflicts are solved by senate. Proper laws should be made and implemented to
avoid any kind of disputes. Moreover, if the disputes arise, some authorities
should be given responsibility to act as mediator to solve them and maintain
peaceful and friendly relationship among the provinces. In some countries,
tribunals are authorized to settle the disputes, whereas in some countries the
conflicts are solved by the court. Often, as is the case with the United States
In Canada Germany Constitutional
Court Australia Switzerland
Above international experiences shows that there should be
proper and effective mechanism to solve the conflicts among the provinces for
smooth running of a federal country. In case of Nepal
1.
Dialogues: The
conflicts among the federal units can be solved by political bilateral and
multi-lateral dialogue at the primary stage. Mediator can be appointed if
needed.
2.
Political mechanism:
Mechanism such as National Assembly i.e. Senate, can be formed to settle the
disputes between the center and the provinces, Inter Provincial Council can be
formed to settle inter-provincial disputes respectively, and Provincial
Legislative can be formed to settle the local conflicts.
3.
Judicial Mechanism
such as Constitutional
Court
4.
Referendum as a last
resort of political disputes should be granted. The conflicts among the federal
units might not be solved by political mechanism and judicial method. In that
case referendum should be done.
In conclusion, we can say that in federal units, there may
arise problems in the use of rights and resources which may give rise to
conflicts and disputes. These types of conflicts should be solved firstly by
mutual understanding and cooperation through dialogue and political mechanism.
If they are unable to solve the conflicts by mutual understanding then only it
can follow legal process. Countries like United States of America Canada Australia Germany India South Africa Belgium Ethiopia Switzerland
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