Chapter 7

1. Federalism is a system of government in which the same territory is controlled by two levels of E.g.-National government and state government
2. Federalism is an institutional mechanism to accommodate two sets of polities—one at the regional level and the other at the national level.
3. Each government is autonomous in its own sphere. 7th schedule of Indian constitution distribute power between centre and state.
4. India has only a single citizenship.
5. The details of this dual system of government are generally spelt out in a written constitution, which is considered to be supreme and which is also the source of the power of both sets of government.
6. To prevent conflicts between the centre and the State, there is an independent judiciary to settle disputes
7. The judiciary has the powers to resolve disputes between the central government and the States on legal matters about the division of power.

FEDERALISM IN THE INDIAN CONSTITUTION

1. The most important feature of the federal system adopted by the Indian Constitution is the principle that relations between the States and the centre would be based on cooperation.
2. Article 1: (1) India, that is Bharat, shall be a Union of (2) The States and the territories thereof shall be as specified in the First Schedule

Division of Powers

1. There are two sets of government created by the Indian Constitution:
2. one for the entire nation called the union government (central government)
3. and one for each unit or State called the State government
4. Both of these government have a constitutional status and clearly identified area of activity.
5. 7th schedule of Indian constitution clearly distributes power between centre and state.
6. There are 3 list of subjects under 7th schedule of Indian constitution— Union, State, Concurrent…. union, state, concurrent…
7. Union List : Only central government is empowered to make laws.
8. Subjects under Union List :- Defence, Atomic Energy, Foreign Affairs, War and Peace, Banking, Railways etc.
9. Concurrent List : Both centre and state are empowered to make Laws
10. Subjects under Concurrent List :- Education, Forest etc.
11. State List : Only state government is empowered to make Laws…However parliament can make laws on matters of state list if Rajya Sabha passes such resolution by special majority (Article 249)
12. Subjects under state List :- Agriculture, police, prison, local government, public health etc.

FEDERALISM WITH A STRONG CENTRAL GOVERNMENT

1. It is generally accepted that the Indian Constitution has created a strong central government.

Let us look at the important provisions that create a strong central government:

1. The very existence of a State including its territorial integrity is in the hands of Parliament.
2. The Parliament is empowered to ‘form a new State by separation of territory from any State or by uniting two or more States
3. Constitution has certain very powerful emergency provisions, which can turn our federal polity into a highly centralised system once emergency is declared.
4. During an emergency, power becomes lawfully centralised.
5. Parliament also assumes the power to make laws on subjects within the jurisdiction of the States
6. Governor has certain powers to recommend dismissal of the State government and the dissolution of the Assembly.
7. Governor has the power to reserve a bill passed by the State legislature, for the assent of the president.
8. This gives the central government an opportunity to delay the State legislation.
9. Article 257 (1): The executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose.
10. We have an integrated administrative system under which the all-India services are common to the entire territory of India
11. and officers chosen for these services serve in the administration of the states.
12. States can neither take disciplinary action nor can they remove these officers from service.
13. Articles 33 and 34 authorise the Parliament to protect persons in the service of the union or a state in respect of any action taken by them during martial law to maintain or restore order….

Role of Governors and President’s Rule in Indian Federal Polity

1. The Governor is not an elected office-holder.
2. Governor is appointed by the central government and therefore, actions of the Governor are often viewed as interference by the Central government in the functioning of the State government.
3. Sarkaria Commission recommended that appointments of Governors should be strictly non-partisan.
4. Powers and role of the Governor become controversial for one more reason.
5. One of the most controversial articles in the Constitution is Article 356, which provides for President’s rule in any state.
6. This provision is to be applied, when ‘a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution.
7. The President’s proclamation has to be ratified by Parliament.
8. President’s rule can be extended till three years.
9. The Governor has the power to recommend the dismissal of the State government and suspension or dissolution of State Assembly .

SPECIAL PROVISIONS

1. The most extra-ordinary feature of the federal arrangement created in India is that many States get a differential
2. Constitution has some special provisions for some state.
3. Most of the special provisions pertain to the north eastern States (Assam, Nagaland, Arunachal Pradesh, Mizoram, etc.)
4. Special provisions also exist for hilly States like Himachal Pradesh and some other States like Andhra Pradesh, Goa, Gujarat, Maharashtra Sikkim and Telangana.