Question 21 of 28advanced✨ CreateLong Answer5 marks

Based on the first few articles of Belgian constitution – given below –

Title I: On Federal Belgium, its components and its territory.

Article 1: Belgium is a Federal State made up of communities and regions.

Article 2: Belgium is made up of three communities: The French Community, the Flemish Community and the German Community.

Article 3: Belgium is made up of three regions: The Walloon region, the Flemish region and the Brussels region.

Article 4: Belgium has four linguistic regions: The French-speaking region, the Dutch-speaking region, the bilingual region of Brussels Capital and the German-speaking region. Each «commune» (county borough) of the Kingdom is part of one of these linguistic regions.

Article 5: The Walloon region is made up of the following provinces: The Walloon Brabant, Hainault, Liege, Luxemburg and Namur. The Flemish region is made up of the following provinces: Antwerp, the Flemish Brabant, West Flanders, East Flanders and Limburg.

explain how federalism is visualised in that country. Try and write a similar Article for the Constitution of India.

Correct Answer

The Belgian Constitution visualizes federalism through Title I which establishes Federal Belgium, its components and its territory. Belgium shifted from a unitary to a federal form of government in 1993. The key change was reducing the power of the Central Government and transferring these powers to the regional governments. Earlier, regional governments existed but their powers could be withdrawn by the Central Government. After 1993, regional governments were given constitutional powers that were no longer dependent on the central government.

This shows that Belgium visualizes federalism as a system where power is constitutionally divided between different levels of government, with regional governments having autonomous powers protected by the Constitution.

A similar Article for the Constitution of India could be written as:

"Title: On the Union of India, its States and its Territories.

**India shall be a Union of States. The States and Union Territories shall be as specified in the First Schedule. The territory of India shall comprise the territories of the States, the Union Territories and such other territories as may be acquired."

This reflects that the Indian Constitution declares India as a Union of States. Although it does not use the word federation, the Indian Union is based on the principles of federalism, accommodating the country's vast diversity of languages, religions and regions.

Exercise: EXERCISES | Q: 3 | (Page 24-25)
For More Understanding

Explanation

The answer draws directly from the textbook context which explains Belgium's transition from unitary to federal system in 1993, where regional governments gained constitutional powers independent of the central government. For India, the context clearly states that the Constitution 'declared India as a Union of States' and 'although it did not use the word federation, the Indian Union is based on the principles of federalism.' The drafted Article for India mirrors the structure of the Belgian Article while using terminology from the Indian Constitution as mentioned in the context.

Solution Steps

  1. Step 1: Analyze the Belgian Constitution's Title I which establishes Federal Belgium, its components and territory.

  2. Step 2: Explain Belgium's shift from unitary to federal form in 1993 with constitutional powers to regional governments.

  3. Step 3: Draft a similar Article for India using the phrase 'Union of States' as mentioned in the context.

  4. Step 4: Connect it to India's federal principles despite not using the word 'federation'.