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Atiya Final

The document is an academic assignment on the evolution of federalism in post-colonial nations, detailing its historical context, challenges, and examples from various countries. It explores how federalism has been adopted as a solution to manage diversity and the ongoing challenges it faces, such as ethnic conflicts and centralization of power. The research methodology is doctrinal, relying on primary and secondary sources, including constitutions and academic articles.

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0% found this document useful (0 votes)
19 views13 pages

Atiya Final

The document is an academic assignment on the evolution of federalism in post-colonial nations, detailing its historical context, challenges, and examples from various countries. It explores how federalism has been adopted as a solution to manage diversity and the ongoing challenges it faces, such as ethnic conflicts and centralization of power. The research methodology is doctrinal, relying on primary and secondary sources, including constitutions and academic articles.

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AdhishPrasad
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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1

AMITY
UNIVERSITY

ASSIGNMENT TOPIC
“EVOLUTION OF FEDERALISM IN POST COLONIAL NATIONS”

Subject: Comparative Public Law

Submitted to: - Submitted by:-

Dr. Rajeev Ranjan Sir. Bibi Aatiya Manjar


EN no: -

Semester: - 1st
2

Session: - 2024-25

CONTENTS

1. ACKNOWLEDGEMETS…………………...………….………….………Page 3

2. AIMS & OBJECTIVE, SOURCES OF DATA AND RESEARCH

METHODOLOGY…………………………………………………………Page 4

3. INTRODUCTION...........................................................................................Page 5

4. INITIAL IMPOSITION OF COLONIAL SYSTEMS....................................Page 6

5. ADOPTION OF FEDERALISM AS A SOLUTION……………………….Page 7

6. CHALLENGES TO FEDERALISM IN POST-COLONIAL NATIONS…..Page 8

7. EXAMPLES OF FEDERALISM IN POST-COLONIAL NATIONS………Page 9

8. EVOLUTION OVER TIME…………………………………………………Pag 10

9. CONTEMPORARY TRENDS AND CHALLENGES………………………Page 11

10. CONCLUSION……………………………………………………………….Page 12

11. BIBLIOGRAPHY…………………………………………………………….Page 13
3

ACKNOWLEDGEMENTS

First and foremost, I am thankful to Dr. Rajeev Ranjan Sir, Faculty of Comparative Public Law,

for guiding me for the topic “EVOLUTION OF FEDERALISM IN POST COLONIAL

NATIONS”. He has been very kind in providing inputs for this work, by way of suggestions and

materials.

I would also like to thank my dear colleagues and friends in the University, who have helped me

with ideas about this work. Last, but not the least I thank the University Administration for

equipping the University with such good library and internet facilities, without which, no doubt

this work would not have taken the shape in correct time.

Bibi Aatiya Manjar


4

AIMS AND OBJECTIVE

The researcher prime objective is to:-

1. To find out the evolution of Federalization.


2. To highlight evolution Federalization in different countries

SOURCES OF DATA

Primary Sources:- SECONDARY SOURCES:-

1. The Constitution of India, 1950 1.. Magzines and Newspappers

2. Websites

RESEARCH METHODLOGY

The various books and websites are referred for this topic. The sources from which the material
for this research collected are secondary. So the methodology used in the research has been
Doctrinal. No non-doctrinal method has been used by the researcher in this project.
5

CH. 1 INTRODUCTION

The evolution of federalism in post-colonial nations is a complex process that


reflects the political, economic, social, and cultural realities faced by countries
after gaining independence from colonial powers. Federalism, as a form of
governance, involves the division of power between a central authority and
regional or subnational units, and its development in post-colonial countries often
involves balancing the diverse interests of different ethnic, linguistic, cultural, and
geographic groups within the newly formed state.
6

CH. 2 INITIAL IMPOSITION OF COLONIAL SYSTEMS

 Colonial Legacy: During colonial rule, many post-colonial nations were


subjected to centralized, top-down governance structures imposed by
colonial powers. These systems often ignored the local cultural and
ethnic divisions within the colonies. Colonial administrators focused on
extraction of resources and control, which led to fragmented governance
structures.

 Divide-and-Rule Policies: Colonial powers often employed divide-and-


rule tactics, encouraging divisions along ethnic, religious, and regional
lines. This left a legacy of tensions and cleavages that federalism would
have to address after independence.1

1
https://academic.oup.com/icon/article/17/1/151/5485939?login=false
7

CH. 3 ADOPTION OF FEDERALISM AS A SOLUTION

 Accommodating Diversity: Federalism was seen as a solution to address


these challenges. By allowing regional autonomy, federal systems could
accommodate ethnic, linguistic, and cultural diversity. It was believed that
decentralized governance could provide a more inclusive political structure
and reduce the risk of alienation among marginalized groups.

 Incorporating Federalism in Constitutions: Some post-colonial nations


adopted federalism in their constitutions, often following models from
former colonial powers or inspired by countries with successful federal
systems, such as the United States, Switzerland, and Canada.2

CH. 4 CHALLENGES TO FEDERALISM IN POST-COLONIAL NATIONS


2
https://www.indiatimes.com/explainers/news/explained-the-evolution-of-federalism-covenantal-relationship-to-
hybrid-systems-618092.html
8

 Ethnic and Regional Conflicts: Many post-colonial countries have faced


internal conflicts rooted in ethnic, regional, or religious identities. For
instance, Nigeria’s federal structure was designed to manage ethnic
diversity, but regional tensions between groups such as the Igbo, Yoruba,
and Hausa-Fulani have led to violence and a brutal civil war.3

 Secessionism and Autonomy Movements: In some countries, federalism


did not prevent the rise of secessionist movements. For example, in Pakistan,
the discontent of the Bengali population in East Pakistan (now Bangladesh)
with the central government led to the Bangladesh Liberation War in 1971.

 Centralization vs. Decentralization: While federalism theoretically


provides a balance of power, many post-colonial countries have witnessed
centralization of power over time, with central governments undermining the
autonomy of regional states. This has occurred in countries like India, where
a strong central government has sometimes reduced the power of states in
favor of national unity.4

CH.5 EXAMPLES OF FEDERALISM IN POST-COLONIAL NATIONS

3
https://www.researchgate.net/profile/Charas-Tella
2/publication/273499129_The_Evolution_Development_and_Practice_of_Federalism_in_
/links/56ad347c08ae28588c5fc010/The-Evolution-Development-and-Practice-of-Federalism-in-Nigeria.pdf
4
https://www.forumfed.org/document/the-international-evolution-of-federal-systems-in-the-twentieth-century/
9

 India: India adopted a federal system in its constitution in 1950, with a


strong central government but significant powers granted to the states.
India’s federal system has evolved over time, and although the country
remains one of the most diverse nations in the world, the challenge of
balancing central authority and regional autonomy persists.

 Nigeria: Nigeria adopted federalism after independence in 1960, in part to


manage its ethnic and regional diversity. However, the federal system has
been challenged by ethnic tensions, military rule, and a history of uneven
distribution of resources among the regions.5

 United States (Territorial Federalism): The U.S. served as a model for


many post-colonial nations, particularly in the early years of independence.
Some countries, like the Philippines and Mexico, borrowed elements of
American federalism. However, the U.S. federal model’s focus on state
autonomy has not always been replicable due to the unique historical and
social conditions in post-colonial countries.6

 Canada: Canada’s federalism has largely been focused on managing the


relationship between English and French-speaking populations. The
accommodation of Quebec’s demands for greater autonomy, especially in
the 20th century, is a key feature of Canada’s federal evolution.

CH. 6 EVOLUTION OVER TIME

5
https://www.academia.edu/84332088/The_Evolution_Development_and_Practice_of_Federalism_in_Nigeria
6
https://www.sparknotes.com/us-government-and-politics/american-government/federalism/section2/
10

 Institutional Adaptations: Over time, many post-colonial countries with


federal systems have modified their federal arrangements to deal with
evolving social, economic, and political challenges. For example, in
Ethiopia, federalism has been restructured to accommodate ethnic
federalism, which divides the country into ethnically defined regions.

 Decentralization Movements: In recent decades, some countries have seen


a trend toward decentralization, empowering local governments to make
decisions about governance, resources, and services. In some cases, this has
been in response to demands from grassroots movements for greater political
participation and accountability.

 Regional Integration: Some post-colonial countries have developed


subnational federal systems as a way to strengthen regional cooperation and
integration. For instance, the African Union (AU) has promoted the idea of
regional federations to encourage economic integration and peace in Africa. 7

CH. 7 CONTEMPORARY TRENDS AND CHALLENGES

7
https://casi.sas.upenn.edu/iit/louisetillin2022
11

 Globalization and Federalism: In the era of globalization, the role of


national governments is increasingly influenced by international
organizations and multinational corporations. This creates a tension between
national sovereignty and the autonomy of regional governments.

 Autonomy and Political Stability: The growing demand for greater


regional autonomy in many countries, including Catalonia in Spain or
Kurdistan in Iraq, highlights how the evolution of federalism in post-
colonial states remains an ongoing challenge in balancing power between
the center and periphery.

 New Federal Models: Some nations, such as Belgium and Switzerland,


have redefined federalism to accommodate cultural pluralism and language-
based federal structures. Other nations may look to these models as they face
their own evolving diversity.8

CH.8 CONCLUSION

8
https://www.researchgate.net/publication/
313398667_Federalism_and_the_Formation_of_States_in_India_FEDERALISM_AND_THE_FORMATION_OF_STATE
S_IN_INDIA
12

The evolution of federalism in post-colonial nations has been shaped by the need to
address deep-rooted divisions while fostering national unity and political stability.
Federalism has offered a solution in many cases, though it has often been tested by
ethnic and regional tensions, political instability, and the legacy of colonialism. As
these nations continue to develop, federalism remains a dynamic and evolving
system that must adapt to the changing needs of their diverse populations.

BIBLIOGRAPHY
13

STATUTES:

The Constitution of India, 1950

WEBSITE:

 https://academic.oup.com/icon/article/17/1/151/5485939?login=false
 https://www.indiatimes.com/explainers/news/explained-the-evolution-of-
federalism-covenantal-relationship-to-hybrid-systems-618092.html
 https://www.researchgate.net/profile/Charas-Tella
 https://www.forumfed.org/document/the-international-evolution-of-federal-
systems-in-the-twentieth-century/
 https://www.academia.edu/84332088/
The_Evolution_Development_and_Practice_of_Federalism_in_Nigeria
 https://www.sparknotes.com/us-government-and-politics/american-
government/federalism/section2/
 https://casi.sas.upenn.edu/iit/louisetillin2022
 https://www.researchgate.net/publication/
313398667_Federalism_and_the_Formation_of_States_in_India_FEDERAL
ISM_AND_THE_FORMATION_OF_STATES_IN_INDIA

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