PPT ON FEDERLISM

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PPT ON FEDERALISM NCERT BY MOTHY K.V.NO.1 UPPAL

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Defining Federalism What is Federalism? Federalism is a system of government in which the power is divided between a central authority and various constituent units of the country. Usually, a federation has two levels of government. One is the government for the entire country that is usually responsible for a few subjects of common national interest. The others are governments at the level of provinces or states that look after much of the day-to-day administering of their state. Both these levels of governments enjoy their power independent of the other.

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1  There are two or more levels (or tiers) of government . 2  Different tiers of government govern the same citizens, but each tier has its own jurisdiction  in specific matters of legislation, taxation and administration. 3  The jurisdictions of the respective levels or tiers of government are specified in the constitution. 4  The fundamental provisions of the constitution cannot be unilaterally changed by one level of government.   Such changes require the consent of both the levels of government. Key Features OF FEDERLISM

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5  Courts have the power to interpret the constitution and the powers of different levels of government. 6   Sources of revenue for each level of government are clearly specified to ensure its financial autonomy. 7 The federal system thus has  dual objectives :  to safeguard and promote unity of the country, while at the same   time accommodate regional diversity. hope u got it

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The exact balance of power between the central and the state government varies from one federation to another. This balance depends mainly on the historical context in which the federation was formed. There are two kinds of routes through which federations have been formed. The first route involves independent States coming together on their own to form a bigger unit, so that by pooling sovereignty and retaining identity they can increase their security. This type of ‘ coming together ’ federations include the USA, Switzerland and Australia. In this first category of federations, all the constituent States usually have equal power and are strong vis- à -vis the federal government. BALANCE OF POWER

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The second route is where a large country decides to divide its power between the constituent States and the national government. India, Spain and Belgium are examples of this kind of ‘ holding together ’ federations. In this second category, the central government tends to be more powerful vis- à -vis the States. Very often different constituent units of the federation have unequal powers. Some units are granted special powers

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There are two types of route through which federations are formed and they are as follows:- 1. Coming together federations  2. Holding together federations 1 . Coming together federations involves independent states coming together on their own to form a bigger unit. In this kind of federations, all the constituents’ states have equal powers and are strong vis-à-vis the federal government. It includes countries like U.S.A, Switzerland and Australia.  2. Holding together federations is type of federation where large country decides to divide its power between the constituent states and the national government. In this type, central government is more powerful in comparison to the state governments. It is very often that different constituent units of the federation have unequal powers while some units are granted special powers. It includes countries like India, Spain and Belgium. 

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Why Is Federalism So Important? Decentralizes our politics More opportunities to participate Decentralizes our policies Federal and state governments handle different problems. States regulate drinking ages, marriage, and speed limits. States can solve the same problem in different ways and tend to be policy innovators.

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Federalism: good or bad? Laski: Federalism impedes progress of the nation for sectionalism Riker: Federalism perpetuates racism Elazar: Federalism allows for growth and change and gives flexibility to the system Book: federalism allows individuals to take part and have ownership

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FEDERALISM. On the basis of distribution of powers the government may be divided in to two types these are- UNITARY FEDERAL

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MEANING- UNITARY-A govt. where all the powers are vested in the hands of the central or union Govt. EX. United Kingdom. FEDERAL- A form of Govt. where all powers are distributed among the central Govt. & the units. Distribution of powers on the basis of co-operation.

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TYPES OF FEDERALISM. Through out the world there are two kinds of federalism on the basis of its nature these are given bellow. CENTRIFUGAL CENTRIPETAL

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CENTRIFUGAL When a country is too vast & it is very difficult to administer it smoothly ,we may divide the country into number of units. The union Govt. is at the centre & the state Govts. At the state level. Example-India.

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CENTRIPETAL In centripetal form of federalism here some small states are united, joined and make a confederation. This kind of federalism is called as Centripetal federalism. Example- USA.

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The Constitutional Basis of Federalism

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indian

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Federalism The division of power between the National and State levels of government NATIONAL GOVERNMENT STATE GOVERNMENT STATE CHARTERS

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India had emerged as an independent nation after a painful and bloody partition. Soon after Independence, several princely states became a part of the country. The Constitution declared India as a Union of States. Although it did not use the word federation, the Indian Union is based on the principles of federalism. The Constitution originally provided for a two-tier system of government, the Union Government or what we call the Central Government, representing the Union of India and the State governments. Later, a third tier of federalism was added in the form of Panchayats and Municipalities. The Indian Federation

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What makes India a federal country? India is a vast country with numerous languages, religions and regions. The concept of “federalism” plays a vital role and the power sharing arrangements plays a crucial role in maintaining unity and harmony in the country. India got its independence in 1947 but it also resulted in painful partition that paved way to the formation of Pakistan. After independence, several princely states became a part of the country and the constitution declared India as a Union States. Despite the fact that the word “federalism” is not used or implied with Indian Union but it is largely based on the principles of federalism. All the above key features of “federalism” are well suited to the provisions of the Indian Constitution.

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The constitution of India provided two tiers of levels of governments – Central or Union Governments representing the Union of India and the state governments. Later, a third tier or level of federalism was formed and added in the forms of Panchayats and Municipalities. These three different tiers of governments enjoy separate jurisdictions and the constitution provides a three fold distribution of legislative powers between the Union governments and the state governments. It comprises of three major lists and they are as follows: - 

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Union List: - This list includes subjects of national importance such as defence, foreign affairs, banking, communications and currency. They form as the part of “Union list” as we need a uniform policy on these important matters throughout the country. Union or Central government can only make laws relating to these above mentioned important subjects.  UNION LIST

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State List   contains subjects of State and local importance such as police, trade, commerce, agriculture and irrigation. The State Governments alone can make laws relating to the subjects mentioned in the State List. STATE LIST

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Concurrent List   includes subjects of common interest to both the Union Government as well as the State Governments, such as education, forest, trade unions, marriage, adoption and succession. Both the Union as well as the State Governments can make laws on the subjects mentioned in this list. If their laws conflict with each other, the law made by the Union Government will prevail. CONCURRENT LIST

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Union Territories:   There are some units of the Indian Union which enjoy very little power. These are areas which are too small to become an independent State but which could not be merged with any of the existing States. These areas, like Chandigarh, or Lakshadweep or the capital city of Delhi, are called Union Territories. These territories do not have the powers of a State. The Central Government has special powers in running these areas. This sharing of power between the Union Government and the State governments is basic to the structure of the Constitution. I t is not easy to make changes to this power sharing arrangement. The Parliament cannot on its own change this arrangement. UNION TERRITORIES

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How is Federalism practiced? The success of “federalism” in India cannot be merely attributed to constitutional provisions but to the nature of democratic politics in our country. It ensured that the spirit of federalism, respect for diversity and desire for living together became a common goal in our country. The major reasons in which federalism has succeeded in our country are as follows: - 

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Linguistic states: - The formation of linguistic states was the first major test for democratic politics in India. There were lots of changes in democratic politics of our country from 1947 to 2006. In India, many old states have vanished while many states have been created. 2. Even the names of areas, boundaries and states were changed during this period. In 1947, the year of independence, the boundaries of many old states were changed in order to create new states. It was done to ensure that the people speaking same language should reside in same state. LINGUISTIC STATES

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It led to formation of some states that were created not on the basis of language but to recognise differences based on culture, ethnicity or geography. It includes states like Nagaland, Uttarakhand and Jharkhand. 4. There was fear of disintegration by some national leaders in our country when there was demand for the formation of states on the basis of language was raised. 5. Earlier central government resisted linguistic states but the experience has shown that their formation has made country more united and integrated. It made administration procedure easier and opened doors of opportunities for everybody. 

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Why only Hindi?(as official language) Our constitution did not give the status of national language to any one language. Hindi was identified as the official language. But Hindi is the mother tongue of only 40% of the Indians. And there were many safeguards to protect other languages. States too have an official language. A candidate in an examination conducted by Central Government positions may opt any of these languages.

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Unlike Sri Lanka , the leaders of our country adopted a very cautious attitude in spreading the use of Hindi. According to the constitution the use of English for official purposes was to stop in 1965. Non Hindi states demanded the use of English in Politics as some cannot speak Hindi. In Tamil Nadu this movement took a violent form. Thus Central Government responded by agreeing to continue the use of English along with Hindi for official purposes.

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Language policy:   A second test for Indian federation is the language policy. Our Constitution did not give the status of national language to any one language. Hindi was identified as the official language. But Hindi is the mother tongue of only about 40 per cent of Indians. Therefore, there were many safeguards to protect other languages. Besides Hindi, there are 21 other languages recognised as Scheduled Languages by the Constitution. Promotion of Hindi continues to be the official policy of the Government of India. Promotion does not mean that the Central Government can impose Hindi on States where people speak a different language. The flexibility shown by Indian political leaders helped our country avoid the kind of situation that Sri Lanka finds itself in. LANGUAGE POLICY

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3. Centre State Relations : - The concept of federalism was strengthened to large extent by restructuring of centre and state governments relationships. It also largely depends on how the leaders of ruling party follow these arrangements. In India, the same party ruled both at the centre and at the most of the states. It means that the state governments did not exercise their rights as autonomous federal units. There were occasions where the parties at centre and state were different and in such cases central government tried to undermine the powers of state government. CENTRE STATE RELATIONS

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In those days, central government misused the constitution to dismiss the state governments that were governed by opposition parties. It undermined the spirit of “federalism” to large extent. After 1990, there was significant changes as the country saw the rise of regional parties in many states of the country. It was the arrival of the era of “coalition governments” at the centre. It led to new culture of power sharing and created a respect for the autonomy of state governments. This new trend was supported by a major judgment of Supreme Court that made difficult for Central government to dismiss state governments in an illogical manner. Federal power sharing holds more significance in today’s time than in early years when constitution came into force. 

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THE STATES PLEAD FOR MORE POWERS

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Decentralisation in India India is a vast country with various religions, regions, caste, areas and boundaries, so it cannot be run by two-tiers of governments. In terms of population and area, the states of India are as large as independent countries of Europe. Many states of India are very diverse and so there was need for power sharing within the state. The federal power sharing in India needed another tier of level of government that could work below state governments. This formed the foundation or basis for decentralisation of power. It resulted into third tier or level of government called “local government”.

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It was easy to participate and manage domestic issues at local level and even decision making become easier. It helped to instruct a habit of democratic participation. The importance and need for decentralisation was recognized by our constitution and there were several attempts to decentralise power to the level of villages and towns. In villages, it resulted in the form of “panchayats” while municipalities were set up in urban areas of town and city in all the states. Both “panchayats” and municipalities were directly under the control of state governments. The word “decentralisation” means when power is taken away from central and state government and given to local government. The basic idea behind “decentralisation” was to solve problems and issues of residing citizens that can be best solved at local level.

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These local governments did not have any power or resources of their own and elections to these governments were not held regularly. The decentralisation was very little in effective terms but major steps were taken in 1992. The constitution was amended to make “local government” or the third tier of government more powerful and effective

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Local government or "Municipal government", is a form of public administration which in a majority of contexts, exists as the lowest tier of administration within a given state. The term is used to contrast with offices at state level, which are referred to as the central government, national government, or (where appropriate) federal government and also to supranational government which deals with governing institutions between states. It generally acts within powers delegated to them by legislation or directives of the higher level of government. In federal states, local government generally comprises the third (or sometimes fourth) tier of government, whereas in unitary states, local government usually occupies the second or third tier of government, often with greater powers than higher-level administrative divisions. DECENTRALISATION IN INDIA

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Decentralisation means diffusion of authority. The dispersal of authority of decision-making to the lower level management is termed as decentralisation. Decentralisation of authority is a fundamental phase of delegation and the extent to which authority is not delegated is called centralisation. According to Fayol "Everything that goes to increase the importance of the subordinate's role is called decentralisation." Decentralisation in relation to office denotes disperse of office services and activities. WHAT IS DECENTRALISATION?

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The necessity of decentralisation of office services occurs when official activities are performed at functional departmental level. The need for decentralisation is felt when the business grows in its size which necessiates diversification of office activities. Decentralisation occurs at the time of decisions of routine nature but if decisions are vital, the authority is not decentralised. Decentralisation does not exist in its pure sense. There is a mixture of the two because some activities are centralised and some are decentralised. NEED FOR DECENTRALISATION

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Distribution of burden of top executive—Decentralisation enables to its executive to share his burden with others at lower levels because here authority is delegated. Increased motivation and morale — The morality of the employees are increased because of delegation of authority Greater efficiency and output—Decentralisation gives emphasis on care, caution and enthusiastic approach to the work which in turn results in increased efficiency and output. Diversification of Activities—Decentralisation helps in diversification of activities. It crests more employment opportunities because new managers are to be entrusted with new assignments. Better Co-ordination—The various operations and activities are co-ordinated in a decentralised set up. Maintenance of Secrecy — Decentralisation enables to maintain secrecy without much cost and unnecessary trouble. Facilitate effective control and quick decision-Decentralisation enables to measure the work according to standard easily and quickly. This facilitate taking up quick decision. ADVANTAGES

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More cost—Decentralisation is costly because it encourages duplication of functions and equipments. As it is costly, it cannot be adopted by small organisations. No specialisation — Specialisation suffers in decentralisation because everyone becomes jack-of-all-trades but master of none. So specialisation is affected. Need more specialists-In decentralisation more specialists are needed. The services of specialists are not utilised effectively and efficiently, as they are large in numbers. No uniform action — It becomes difficult to maintain uniformity in action because routine and methods differ from organisation to organisation and department to department. No equitable distribution of work — It becomes difficult to distribute workload equitably among different employees. DISADVANTAGES

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Under the three tier system of democratic decentralization of Panchayat Raj Gram Panchayat function at village level. It is the primary unit of local self government. The Panchayats are the agency for planning and executing the local development programme. What is Gram Panchayat: A Gram Panchayat is a local self government which is responsible mainly for administration of the village and which also looks after the welfare of the people in the village. Importance of Gram Panchayat: It helps to train the villagers in the art of governing themselves. It trains and develops local leadership. It helps in securing participation of local people. It trains rural people in democratic procedure. RURAL LOCAL GOVERNMENT

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Mayor is the elected head of city,town or other muncipality.He is the titular head of a muncipality that is administered by a city manager. Role of the Mayor Presiding over the council and council meetings Providing leadership and guidance to our community Managing council meetings without favouritism or bias and ensuring they are conducted in a correct and orderly manner Carrying out civic and ceremonial duties of the mayoral office Liaising with the Chief Executive Officer on the performance and functions of the council To exercise, in cases of necessity, the policy making functions of the council between meetings of council. WHO IS A MAYOR?

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Hyderabad Mayor- Mohammad Majid Hussain

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U.S.A

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The Constitutional Basis of Federalism The Division of Power Supremacy Clause: Article VI of the Constitution states the following are supreme: The U.S. Constitution Laws of Congress Treaties Yet, national government cannot usurp state powers. Tenth Amendment

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Intergovernmental Relations Today Dual Federalism Definition: a system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies Like a layer cake Narrowly interpreted powers of federal government Ended in the 1930s

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Cooperative Federalism Definition: a system of government in which powers and policy assignments are shared between states and the national government Like a marble cake Shared costs and administration States follow federal guidelines

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Intergovernmental Relations Today Fiscal Federalism Definition: the pattern of spending, taxing, and providing grants in the federal system The cornerstone of the national government’s relations with state and local governments

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Intergovernmental Relations Today

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Intergovernmental Relations Today Fiscal Federalism The Grant System: Distributing the Federal Pie Categorical Grants: federal grants that can be used for specific purposes; grants with strings attached Project Grants: based on merit Formula Grants: amount varies based on formulas Block Grants: federal grants given more or less automatically to support broad programs Grants are given to states and local governments.

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Intergovernmental Relations Today Fiscal Federalism The Scramble for Federal Dollars $460 billion in grants every year Grant distribution follows universalism—a little something for everybody. The Mandate Blues Mandates direct states or local governments to comply with federal rules under threat of penalties or as a condition of receipt of a federal grant. Unfunded mandates

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Understanding Federalism

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Understanding Federalism

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Understanding Federalism

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Federal Grants to State and Local Governments

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Why federalism is seen by some countries as an institutional solution To answer to the aspirations of autonomy of the population or a part of it. e.g. : Belgium, Spain To guarantee more liberty and to protect from the domination of central authorities. Federated authorities can preclude unjustified action against the will of minorities by the federal authority. To allow the coexistence of communities in a blossoming institutional structure. A state in which several cultural groups coexist could be attractive. To multiply the occasions for citizens to participate in public decision-making, by federated and federal authorities.

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" A great democracy must either sacrifice self-government to unity or preserve it by federalism. The coexistence of several nations under the same State is a test, as well as the best security of its freedom . . . The combination of different nations in one State is as necessary a condition of civilized life as the combination of men in society "

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The Parliament Of Belguim The Belgian Senate is the communities’ assembly. Its composition includes explicitly the presence of the two linguistic groups, The Constitution gives each a fixed number of seats. 41 Dutch speakers (25 directly elected, 10 from the Flemish Parliament and 6 co-opted), 29 French speakers (15 directly elected, 10 from the French Community Parliament and 4 co-opted) 1 German speaker (from the German Community Parliament). The members of the House of Representatives , elected with a proportional system, are divided into a French and a Dutch language groups.

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The Court of Belgium . The composition of the Belgian Court is : 12 judges ( 6 Dutch-speaking and 6 French-speaking ), appointed by the Federal government, on proposal of the Senate. Half of the judges are former politicians, and half of them belong to the judicial profession.

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IRAQI

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Iraqi federalism The Iraqi Constitution contains the roots of the federalism. Legislative powers and responsibilities are divided between regions, governorates that are not organized in region and the federal authority (autonomy). Each authority is autonomous and can act independently in some areas.

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Iraqi federalism The Iraqi State does not exclude the presence of other groups, ambitioning to the recognition of their own identities (equality between authorities). A cooperative federalism is yet visible through several mechanisms: namely the establishment of a public commission guaranteeing “the rights of the regions and governorates that are not organized in a region to ensure their fair participation in managing the various state federal institutions, missions, fellowships, delegations, and regional and international conferences (article 105 of the Iraqi Constitution).

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Iraqi federalism The Iraqi State does not exclude the presence of other groups, ambitioning to the recognition of their own identities (equality between authorities). A cooperative federalism is yet visible through several mechanisms: Namely the establishment of a public commission guaranteeing “the rights of the regions and governorates that are not organized in a region to ensure their fair participation in managing the various state federal institutions, missions, fellowships, delegations, and regional and international conferences (article 105 of the Iraqi Constitution).

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MADE BY : G.MOTHY SAGAR KULKARNI LALITHA D.EPHRIAM Mani Hepsiba

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THANK YOU

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