Fundamentals of Federalism Rajendra Adhikari, Director of Studies

Session Outline Concept of federalism Principles of federalism Opportunities and challenges of federalism in Nepal

Session Objectives Describe the basic concept of federalism Explain the major principles of federalism Analyze opportunities and challenges of federalism

Concept of federalism Federalism is a type of government in which the power is divided between the national government and other governmental units. Federalism contrasts with a unitary government, in which a central authority holds the power, and a confederation, a more or less permanent union of states with some or most political power vested in a central authority. https://www.cliffsnotes.com/study-guides/american-government/federalism/concepts-of- federalism

Concept of federalism A flexible form of state organisation, it predetermines only very few aspects. A way politics are done – a way of thinking and acting: Power in the hands of many instead of in the hand of few. In most cases developed pragmatically The classical federations: from Confederation to Federation New federations: from Unitary State to Federal State

Definition Federalism provides a technique of constitutional organization that permits action by a shared government for certain common purposes, together with autonomous action by constituent units of government for purposes that relate to maintaining their distinctiveness, with each level directly responsible to its own electorate. Ronald Watts In more simpler terms it is a combination of shared rule (for certain purposes), and regional self rule (for other purposes).

Deciding on Federalism Constitutional Guarantee Self-rule Definition of Federal Units (Provinces/States) Internal Organisation of Federal Units Distribution of Powers Resources Shared Rule Political institutions at the centre Interaction Concurrent Powers Shared Powers Fiscal equalisation Coordination Control Dispute Resolution

Defining Federal Units Who shall receive the right to self-rule and shared rule? How to define federal units?

Principles of Federalism Coming together Independent or autonomous states, entities coming together to form a more robust and powerful federation. USA, EU are the examples. Federation by de-aggregation (holding together) Restructuring the unitary form of a nation into several states/provinces and distributing governance authority. India, Belgium, Spain and Nepal the examples.

Federalism: means-end debate Federalism as an end to achieve the highest form of political and human relationships: a partnership by contract which makes both jointly responsible for the nation’s welfare Secularized in late seventeenth and eighteenth centuries with the development of social contract theory Federalism as a means to enhance defense and trade, achieve political unification, democracy, self governance to manage conflict and accommodate diversity

Federal Countries Argentina, Australia, Austria, Belgium, Bosnia and Herzegovina, Brazil, Canada, Comoros, Ethiopia, Germany, India, Iraq, Malaysia, Mexico, Micronesia, Nepal, Nigeria, Pakistan, Russia, St Kitts and Nevis, Spain, South Africa, Sudan, Switzerland, United Arab Emirates, United States of America, Venezuela

Federalism in Nepal Declared as a Democratic Federal Republic by the Interim Costitution-2063 BS. Federal constitution promulgated on 03 Ashoj 2072 BS (20 Sept 2015)

Why is federal system felt necessary in Nepal? Address the diversity— multi-ethnic, multi-lingual, and multi-cultural aspect of the society within the state; Balance in development— healthy, sound competitive and proportional development of all the nooks and corners of the country. Sharing and transferring the power— development regions were created for decentralization but powers, authority and development activities remained centralized Best mobilization and allocation of the resources for balanced and justifiable development.

Federal Units of Nepal

Opportunities with federal system of governance Diversity Management Cooperative Governance Balance in development …

Challenges of federalism Reorganization of federal units Cooperation Control Dispute Resolution

Thank You