<–2/”>a >The Indian constitution provides for a federal framework with powers (legislative ,executive and financial) divided between the center and the states. However, there is no division of judicial power as the constitution has established an Integrated Judicial System to enforce both the central laws as well as state law. The Indian federation is not the result of an agreement between independent units, and the units of Indian federation cannot leave the federation.Thus the constitution contains elaborate provisions to regulate the various dimensions of the relations between the centre and the states.
To understand the topic first we must understand the concept of Federalism….
Federalism is a System of Government in which the same territory is controlled by two levels of government. Generally, an overarching national government governs issues that affect the entire country, and smaller subdivisions govern issues of local concern. Both the national government and the smaller political subdivisions have the power to make laws and both have a certain level of autonomy from each other.
A federation is traditionally constituted when two or more independent neighboring states forge a Union for defined purposes of common interest by divesting themselves of a measure of Sovereignty which is vested with the federal government. “The urge for union comes from the need for collective security against aggression and economic co-ordination for protection and expansion of Trade and Commerce. The federation is given only enumerated powers, the sovereignty of the states in the Union remains otherwise unimpaired”.
“A Federation in USA is of this type. Alternatively, a federation is formed when a sovereign authority creates autonomous units and combines them in a Union.” Once constituted, the national and state governments possess co-ordinate authority derived from the several constitutions and enjoy supremacy in their respective spheres of authority and jurisdiction. Canadian federation belongs to this category. However, the differences between the two lie in the degree and extent of emphasis on unitary features.
Characteristic Features of Federalism are:-
(i) Supremacy of Constitution:-Supremacy of the Constitution is a doctrine where by the Constitution is the supreme law of the land and all the State organs including Parliament and State Legislatures are bound by it. They must act within the limits laid down by the Constitution. They owe their existence and powers to the Constitution and, therefore, their every action must have its support in the Constitution.
(ii) The distribution among bodies with limited and co-ordinate authority, of different powers of government;
(iii) The authority of the courts as interpreters of the Constitution;
(iv) Double Citizenship-2/”>Citizenship is another characteristic of some of the Federation.
A unitary system on the other hand has the highest degree of centralization. In a unitary state, the central government holds all the power. Lower-level governments, if they exist at all, do nothing but implement the policies of the national government. In a purely unitary state, the same set of laws applies throughout the nation, without variation. Unitary states create national policy, which is then applied uniformly. This uniformity sometimes serves as an advantage because people and businesses know exactly what to expect from the laws, regardless of geographical location. At the same time, to maintain its uniformity, a unitary government must overlook local differences that might call for different rules or policies.
Now coming back to our main topics Administrative, Legislative and Financial Relationship between centre and state
Administrative relations between the Centre & the States:
The administrative relations between the Centre and the States have been stated from ARTICLE 256 to Article 263 of the Constitution. As a rule, the Central Government exercises administrative authority over all the matters on which the Parliament has the power to make laws, whereas the State Governments exercise authority over the matters included in the State List. The executive power of the State is to be exercised in compliance with laws made by the Parliament. Also, the Union Executive is empowered to give directions to a State, when necessary like- construction and maintenance of means of communications, declared to be of national and military importance, and also on the measures for the protection of Railways.Article 256 of the Constitution states that the executive power of the states shall be so exercised as to ensure compliance with the laws of Parliament.
Also the union executive power extends to the giving of such directions to the states as may appear to the Government of India to be necessary for the purpose. It is further stipulated under Article 246 of the Constitution that if the State Government fails to endorse the laws passed by the Parliament within its jurisdiction, the Union Government can issue directions to the states to ensure their compliance. This article lays down that it shall be the duty of the states to exercise its executive power so as to ensure that due effect is given within the state to every act of Parliament and to every existing law which apply in that state. This is a statement of constitutional duty of every state.
Legislative relations between the Centre & the States:
- Union List Only Parliament can make laws in the case of a subject listed in the Union list. It has 100 subjects for now.
- State List Only state can make laws in the case of a subject listed in the State List. It has 61 subjects for now.
- Concurrent List:- Parliament and state (both) are allowed to make laws on the subjects listed in this list. If both have made laws on the same subject then the central law overrides the state law. It has 52 subjects for now.
42nd amendment act, 1976 transferred 5 Subjects from state list to concurrent list. (those five subjects were – Education, forests, weights and measures, protection of wild animals and birds and administration of Justice; constitution and organisation of all courts except The Supreme Court and the high courts.
Financial relations between the Centre & the States:
• The essence of federalism is not just the distribution of functions but also the distribution of Resources necessary for the adequate & effective performance of
these functions.
• No system of federation can be successful unless both the union and the states have at their disposal adequate financial resources to enable them to discharge their respective responsibilities under the constitution.
• In the Indian constitution, the union – state financial relations are given in Chapter one of Part XII running from Art. 264 to 293.
Under the Constitution the financial resources of the State are very limited though they have to do many works of social uplift under directive principles. In order to cope with their ever-expanding needs, the Central Government makes grants-in-aid to the States. Grant- in-aid to States , through it Central Government exercises a strict control over the States because grants are granted subject to certain conditions.
The Indian constitution provides for a federal framework with powers divided between the Centre and the states. The Financial powers entrusted by the Constitution reflect a clear asymmetry between the Taxation powers and the functional responsibili-ties, with the Centre being assigned taxes with higher revenue potential and States being entrusted with more functional responsibilities. The Constitution provides, under Article 280, the institutional mechanism of Finance Commission and other enabling provisions for the transfer of resources from the Centre.
The Role of the Finance Commission under Indian Constitution are to make recommendation to the President with regard to following matters:
a) To determine the scheme that governs the matters relating to the distribution of net proceeds of taxes which are in the divisible pool, between the Centre and States.
b) To make recommendations, to determine the principle that would regulate or govern the revenues to the States from the Central Revenue in the form of Grant in Aid to the needy States
c) This function of the Commission is included by the way of 73rd and 74 Constitutional Amendment to strengthen the financial Status of the local bodies by providing the supplement to the resources of the Panchayats And Municipalities in the States on the basis of the recommendation of State Finance Commission from the Consolidated fund of the State.
d) The last function of the Commission as provided by the Constitution under Article 280 3(d) is very vast any matter relating to the Fiscal interest between the intergovernmental bodies can be referred to the Commission by the President, These function or Terms of Reference, which broadly fixed by the Constitution itself; while at the same time an element of flexibility is built into these terms of reference under sub clause (d) of Article 280(3). Under this Clause the President has a power to refer any matter to the Commission ‘in the interests of Sound finance.
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Federalism is a system of government in which power is shared between a central government and regional governments. The central government has certain powers that are exclusive to it, while the regional governments have other powers that are exclusive to them. There are also some powers that are shared by both the central government and the regional governments.
A unitary system is a system of government in which all power is vested in the central government. The regional governments have no independent powers, and they are all subordinate to the central government.
A confederal system is a system of government in which the central government has very little power. The regional governments are all sovereign, and they have no obligation to obey the central government.
The federal government is the central government of a federal state. It is responsible for matters that affect the entire country, such as Foreign Policy, national defense, and currency.
The state government is the government of a state within a federal state. It is responsible for matters that affect only the state, such as education, healthcare, and transportation.
The Division of Powers is the process of allocating powers between the central government and the regional governments. The division of powers is usually set out in the constitution of the federal state.
Concurrent powers are powers that are shared by both the central government and the regional governments. Examples of concurrent powers include the power to tax, the power to regulate commerce, and the power to provide for the common defense and general welfare.
Residual powers are powers that are not explicitly assigned to either the central government or the regional governments. Residual powers are usually reserved for the central government.
Intergovernmental relations are the relationships between the central government and the regional governments. Intergovernmental relations are usually governed by a set of rules and regulations that are set out in the constitution or by law.
Federalism is a system of government that is used in many countries around the world. Some of the most well-known examples of federal states include the United States, Canada, Australia, and Germany.
Federalism has a number of advantages. It allows for a diversity of policies and approaches to government. It also provides a system of checks and balances, which can help to prevent tyranny.
However, federalism also has some disadvantages. It can be difficult to coordinate policy between the central government and the regional governments. It can also lead to a duplication of Services and a waste of resources.
Overall, federalism is a system of government that has both advantages and disadvantages. The specific advantages and disadvantages of federalism will vary depending on the specific country or state.
Here are some examples of federalism in practice:
- In the United States, the federal government is responsible for matters such as foreign policy, national defense, and currency. The state governments are responsible for matters such as education, healthcare, and transportation.
- In Canada, the federal government is responsible for matters such as foreign policy, national defense, and currency. The provincial governments are responsible for matters such as education, healthcare, and transportation.
- In Australia, the federal government is responsible for matters such as foreign policy, national defense, and currency. The state governments are responsible for matters such as education, healthcare, and transportation.
- In Germany, the federal government is responsible for matters such as foreign policy, national defense, and currency. The state governments are responsible for matters such as education, healthcare, and transportation.
What is a federal government?
A federal government is a system of government in which power is shared between a central government and regional governments. The central government is responsible for matters that affect the entire country, such as foreign policy and national defense. The regional governments are responsible for matters that affect their own region, such as education and healthcare.
What are the advantages of a federal government?
There are several advantages of a federal government. First, it allows for a greater degree of local control over government. This can be beneficial because it allows people to have a say in the decisions that affect their lives. Second, a federal government can be more efficient than a unitary government. This is because it allows for different regions to have different laws and policies, which can be more effective in addressing the specific needs of those regions. Third, a federal government can be more stable than a unitary government. This is because it is less likely to be overthrown by a coup or revolution, as each region has its own government that can resist such attempts.
What are the disadvantages of a federal government?
There are also some disadvantages of a federal government. First, it can be more difficult to pass laws and policies at the national level. This is because each region has its own government that must agree on the laws and policies before they can be implemented. Second, a federal government can be more expensive than a unitary government. This is because it requires two levels of government, each with its own Bureaucracy and expenses. Third, a federal government can be less efficient than a unitary government. This is because it can be more difficult to coordinate policies between the different regions.
What is the difference between a federal government and a unitary government?
A federal government is a system of government in which power is shared between a central government and regional governments. The central government is responsible for matters that affect the entire country, such as foreign policy and national defense. The regional governments are responsible for matters that affect their own region, such as education and healthcare. A unitary government is a system of government in which power is concentrated in the central government. The central government has the authority to make laws and policies for the entire country, and the regional governments have no power to make laws or policies that conflict with the laws and policies of the central government.
What are some examples of federal governments?
Some examples of federal governments include the United States, Canada, Australia, and Germany.
What are some examples of unitary governments?
Some examples of unitary governments include France, the United Kingdom, and Japan.
The President of India is elected by:
(a) The members of the Lok Sabha and the Rajya Sabha
(b) The members of the Legislative Assemblies of the States and the Union Territories
(c) The members of the Electoral College consisting of the above-mentioned members
(d) The members of the Rajya Sabha and the Legislative Councils of the StatesThe Vice-President of India is elected by:
(a) The members of the Lok Sabha and the Rajya Sabha
(b) The members of the Legislative Assemblies of the States and the Union Territories
(c) The members of the Electoral College consisting of the above-mentioned members
(d) The members of the Rajya Sabha and the Legislative Councils of the StatesThe Prime Minister of India is appointed by:
(a) The President of India
(b) The Vice-President of India
(c) The Speaker of the Lok Sabha
(d) The Chief Justice of IndiaThe Council of Ministers is headed by:
(a) The Prime Minister
(b) The President
(c) The Vice-President
(d) The Speaker of the Lok SabhaThe Supreme Court of India consists of:
(a) The Chief Justice of India and not more than 25 other judges
(b) The Chief Justice of India and not more than 30 other judges
(c) The Chief Justice of India and not more than 35 other judges
(d) The Chief Justice of India and not more than 40 other judgesThe High Court of a State consists of:
(a) The Chief Justice of the State and not more than 10 other judges
(b) The Chief Justice of the State and not more than 15 other judges
(c) The Chief Justice of the State and not more than 20 other judges
(d) The Chief Justice of the State and not more than 25 other judgesThe Parliament of India consists of:
(a) The President and the Lok Sabha
(b) The President and the Rajya Sabha
(c) The Lok Sabha and the Rajya Sabha
(d) The President, the Lok Sabha and the Rajya SabhaThe Lok Sabha is a body of:
(a) Not more than 552 members
(b) Not more than 554 members
(c) Not more than 556 members
(d) Not more than 558 membersThe Rajya Sabha is a body of:
(a) Not more than 250 members
(b) Not more than 252 members
(c) Not more than 254 members
(d) Not more than 256 membersThe Finance Commission is constituted by the President every:
(a) Five years
(b) Six years
(c) Seven years
(d) Eight yearsThe Election Commission is constituted by the President every:
(a) Five years
(b) Six years
(c) Seven years
(d) Eight yearsThe Comptroller and Auditor-General of India is appointed by the President:
(a) For a term of six years
(b) For a term of seven years
(c) For a term of eight years
(d) For a term of ten yearsThe Attorney-General of India is appointed by the President:
(a) On the advice of the Prime Minister
(b) On the advice of the Chief Justice of India
(c) On the advice of the Union Cabinet
(d) On the advice of the Rajya SabhaThe Public Accounts Committee of Parliament consists of:
(a) Not more than 15 members
(b) Not more than 20 members
(c) Not more than 25 members
(d) Not more than 30 membersThe Estimates Committee of Parliament consists of:
(a) Not more than 30 members
(b) Not more than 35 members
(c) Not more than 40 members
(d) Not more than 45 membersThe Standing Committee on Finance of Parliament consists of:
(a) Not more than 20 members
(b) Not more than 25 members
(c) Not more than 30 members
(d) Not more than 35 membersThe National Development Council consists of:
(a) The Prime Minister, the Chief Ministers of the States and the Administrators of the Union Territories
(b) The Prime