In India, the term “federalism” refers to a two-level system of government, with the central level and the regional levels. The center and the constituents, such as provinces, share power in this type of structure. Federalism refers to the way the constitution divides political power between the federal government and the states.
Each level of government has its own government system, as well as specific powers and duties. Although the constitution may have a federal structure, the drafting committee chose the name union for specific reasons, according to Dr. Ambedkar, the committee’s chairman, when presenting the draft constitution. He informed the constituent assembly that these benefits would show that the Indian federation was not the result of a collective decision by the states, and that the component parts were not free to leave it.
What exactly is Indian Federalism?
In reality, it doesn’t matter whether the majority of western governments have a clear trend toward centralization or whether the federal components solidify or entrench themselves, as they have in Canada.
- In a time of crisis, these federal provisions of the Constitution must fade away. Even though there have been some ways in which the unitary ties have been strengthened, a review of how the Indian constitution has actually functioned over the past several decades would hardly support the claim that the schedule elements have completely vanished.
- Our Constitution’s unity tilt has actually become more pronounced in practice for two reasons, leaving little room for Federalism. These two reasons are:
- The union’s enormous financial power, as well as the states’ complete reliance on union grants to carry out their duties,
- The Union Planning Commission’s broad jurisdiction was established as a result of the Union’s concurrent control over planning.
- However, the criticism may not be fully supported for two reasons:
- The methodology of assignment and distribution of tax reserves by the Union (Articles 269, 270, and 272) results in the states’ significant dependence on the Union because the larger states are not allowed to use all of these resources. But if left alone, the larger, more powerful states might have overtaken the smaller ones, weakening the unity of our nation. These two controls are meant to guarantee that the country as a whole develops steadily.
- Even in a country like the United States, these dynamics actually strengthen the government in ways that the Constitution’s framers could never have imagined. In fact, cooperative Federalism has largely replaced the traditional idea of mutual independence between the central and state governments in today’s federal countries.
The Federal Features of the Indian Constitution
The Constitution establishes a dual polity with the Union at its core and the states at its periphery. It is endowed with sovereign rights to use in the areas designated by the Constitution.
- The Constitution establishes the limits within which the federal and state governments must operate, as well as their organizational structures, powers, and duties. As a result, it avoids misunderstandings and conflicts between the two.
- The Constitution divided the powers between the federal government and the states in accordance with the Union, State, and Concurrent list in the seventh schedule. The Constitution is the most important and highest law in the country. The laws of the center and the states must comply with its requirements. As a result, at both levels of government, the legislative, executive, and judicial branches must exercise their authority in accordance with the Constitution.
- The Supreme Court is the head of an independent judiciary system established by the Constitution to settle disputes between the Centre and the states or between the states themselves.
- There are additional topics on the union and state lists. The union list now includes a few more important topics. The Centre has exclusive control over the concurrent list. In addition, the Centre has been given residuary powers.
- The Parliament may unilaterally amend the Constitution’s majority using either a basic majority or a special majority. Furthermore, only the Centre has the power to suggest a constitutional amendment.
- In times of emergency, the federal government assumes total authority, and the states are completely under its control. It turns the federal system into a unified one without formally amending the Constitution.
7th Schedule of the Indian Constitution
The seventh schedule and Article 246 of the Constitution addresses the division of powers between the union and the states. There are three lists included: the Union List, the State List, and the Concurrent List.
Seventh Schedule Union List
- The Union List is a list of 100 topics over which the Union or Centre government has sole authority.
- It is a list of national issues on which only the central government has the authority to make decisions.
- Banking, atomic energy, rail transportation, postal service, and foreign affairs are among the topics on the Union list.
Seventh Schedule State List
- It is a list of 61 subjects that state legislatures have authority over.
- To put it simply, the state legislature can enact laws and oversee the aforementioned subjects.
- The state list identifies the areas over which each state has authority, including civil safety, prisons, healthcare, the production, manufacture, transportation, marketing, and consumption of alcoholic beverages, as well as agricultural, fisheries, education and research, and state public services.
The Seventh Schedule concurrent list
- The concurrent list is a list of 47 topics over which both the Union and state legislatures have authority.
- To the concurrent list, the Indian Constitution adds population control and family planning, trade unions, industrial and labor conflicts, criminal process, precautionary imprisonment, criminal law, forests, and the protection of birds and wild animals.
Residuary Powers
- Simply put, residuary powers are the authority to exercise jurisdiction over matters that are not covered by the union or state or concurrent lists.
- The union government has sole authority over such matters.
- According to Article 248 of the constitution, the Union Parliament is the sole authority to enact laws pertaining to any issue not included in the Concurrent List or the State List.
Characteristics of Federal Government
The Indian Constitution empowers both the Union and the States to delegate executive tasks to one another with the approval of the other. Concerns about the “surrender of sovereignty” by one government to another do not pose a barrier to this harmonious, cooperative structure.
- Despite the fact that the federal system is meant to be used in everyday situations, the Indian Constitution permits the federal government to have the authority of a unitary system in times of emergency.
- The Union Executive’s authority to issue directives to the state governments, which it is allowed to do in regular times, applies to all matters when a pronouncement of emergency is made, and the Union’s legislative authority covers state matters.
- Despite its federal structure, India was able to stand as one during the 1962 Chinese attack and the 1965 Pakistani aggression, demonstrating the suitability of these emergency laws for foreign invasion as opposed to domestic unrest.
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