The Indian Federal System
Prof.
Sandip
Bhaurao
Nerkar
The
Indian
Federal
System
The
constitution
of India
provides
for
a
federal
system
of
government
though the
term
federation
has
nowhere
been used
in the
constitution
.
Article 1-
India,
that
is
bharat
shall be
a
union
of
states
.
The
Indian
Federal
System
•
A
federation
is
an
association
in which
several
states
are
united together
in
common
matters
and
are
independent
in
other
matters.
•
Federalism
is an
agreement between
the
states
and the
centre to
work together
and
yet
function
independently
.
•
Federation
this
word
comes
from
latin
word
foedus
and
foedus
means
contract
. In
federation
contract
between
centre
and
states
.
Federal
features
•
1.Governments at two
level- centre
and
states
•
2.Division of
power-division
of
power between
centre
and
states
•
3.Written
constitution-
Written
constitution
which
defines
the
structure
,
organisation
and
power
of
the
central
as
well
as
state
govt.
,
so
that
the
two
operate
within their
respective spheres
without
inerfering
in
each
other`s
jurisdiction.
•
4.Rigid
Constitution-Rigid
constitution
which
can
be
amended either
by
the
joint
action
of
the
federal
and
states
legislature
or by
an
independent
authority.
Federal
features
•
5.Independent Judiciary-
the
judiciary
also
insure
that
the
federal
and
states
governments
operate
within the
sphere
allotted to
them
by
the
constitution.
•
6.Bicameral
Legislature-Like
other
federation
the
constitutionof India
provides
for
a
bicameral
parliament consist Loksabha
and
Rajyasabha.
•
7.Supremacy
of
constitution –The
costitution
of
India
stands at
the
top
of
the
hierarchy
of
all
laws
both national
and
state
level.
Unitary
features
•
1.A
strong
Centre
–
Indian constitution
provides
for
a
very
strong
centre
, a
feature
of
unitary
government.
•
2.A
Single Constitution
for
Union
and
states
–
Unlike
other
federation
of
the
world
the
states
in
india
have
not been given
right
to
make
or
unmake
their
own constitution.
•
3.Flexibility
of
the
constitution
– In
comparison to
the
other
federation
the
constitution of india
rather
flexible.
Unitary
features
•
4.Single
Citizenship
–Usually
in
other
federation
there
is
provision
for
double
citizenship
.
•
5.Inequality
of
representation
in the
Rajyasabha
–
The indian
constitution
also
devites
from
the
traditional
principle of
providing
equal
representation
to
the
states
in
the
Upper Houses
of
thev
federal
legislature
.
Unitary
features
•
6.Existence
of
union
territories
-
Union
territories
directly
governed
by
the
central
government
and
do not
enjoy
any
independent
powers
or
autonomy.
•
7.Emergency
provision
–
The
existence
of
emergency provision
in the
constitution
also
poses
a
serious challenge
to
the
federal
character
of
the Indian
Polity
.
Unitary
Features
•
8.
Appointment of Governor
by President
–
The
provision
regarding
the
appointment of Governor
of
States
by
the
President
is also clear
violation of
the
federal
principle.
•
9.
Single
Unified
Judiciary –
Unlike
other
federations
, India
possesses
a
single
unified
judiciary
with the
supreme court at
the
apex
.
•
10.
Centralised
Election Machinery
–
One election
commission
in
charge
of elections
in
the
centre
and
states
.
Union/Centre
States
Relation
•
1.
Legislative
relation between union
and
states
.
•
2.Administrative relation
between union
and
states
.
•
3.
Financial
relation between
union
and
states.
Legislative
Relation
Between
Union
and
States
•
The Union
States
relation
in the
legislative sphere
have
been dealt
by
Article 245
to
254.
•
Legislative
powers
distributed
in Union
list
,
State
list
and
Concurrent
list.
•
Union
List
– 99
Subject
In
respect
to
these subject
Union has
power to
make
law
.e.g.
Defence,
Foreign
affaires
,Citizenship
etc
•
States List
– 61
Subjects
in
respects
to
these
subjects
states
has
power
to
make law.e.g.Public
order
,Public health
,
Forest
,Agriculture,
Education
etc.
Legislative
Relation
Between
Union
and
States
•
Concurrent
List
– 52
subjects
in
respect
to
these
subjects Union
and
States
both has
power
to
make
law
.e.g.
Criminal
law,
Ttade union
,
Marriage,
Divorce
Etc.
•
However
, if the
law
of
the
Union
Government
and the
State
Government comes
into
clash with
each
other
then
Union`s law
prevails.
•
Residuary
Powers
–
According
to
Article
248
residuary
powers
goes
to
Union
.
Residuary
powers
means those
subjects
are
not
covered
in
Union
List
,
States List
and
Concurrent
List.
Administrative
relation between
Union and
States
•
The
administrative
jurisdiction
of the
Union
and
the
State
Governments
extends to
the
subjects
in
the
union
list
and
state
list
respectively
, which
clearly
establishes
the
superiority
of
the
union
government
in the
Administrative sphere
as
well.
•
Article 256
to
262
contains
thevadministrative
relation between
the
union government
and the
states
.
•
Centre
can give directions
to
the
State executive
on
various
occasions
.
Centre
can give directions various
oc
c
asions
t
o
the
S
ta
t
e
e
x
ecuti
v
e
.
•
Article
256- The
executive
power
of
every
state
is
to
be
exercised
in
such
a
way
as
to
confirm
to
the
law
passed
by
the
parliament
and
to
this end
the
union
executive
can give
to
the
state
such
directions
as
the
centre
may
deem
necessary
.
•
Article
257- The
executive
of
the
union
government can give directions
to
the
executive
of
the
state
not
to
impede or
put
obstacle
in the
way
of
the
exercise
of
the
executive
power
of
the
union
.
Centre
can give direction various
oc
c
asions
t
o
the
S
ta
t
e
e
x
ecuti
v
e
.
•
Article
258-
The
central
government can
with
the
consent
of
the
state
government
,
entrust
conditionally or unconditionally some
functions under
its
jurisdictions
to
the
state
government
or
its
officers
.
•
Article 339- Empower
the
union
government
to
issue
directives
to
the
states
for
the
welfare
of
the
scheduled
castes
and
scheduled
tribes
.
Financial
relation
between
Union and
States
•
The
distribution
of
the financial
resources
in
india
has
broadly
been
made as
follows.
•
1.Taxes
Exclusively
assigned
to
the
union.
•
2.Taxes
Exclusively
assigned
to
states.
•
3.Taxes
Leviable
by
union but
collected
and
appropriated by
the
states.
•
4.Taxes
levied and
collected
by
the
union but
assigned
to
states.
Financial
relation
between
Union and
States
•
5.Taxes
levied and
collected
union but
shared
with
states.
States
has
financial
power
as
follows
•
Allocation
of
revenue
•
Grants
in
aids
•
Loans
THANK
YOU
T
H
A
N
K
Y
O
U
The Indian federal system as defined by the Constitution of India establishes a unique structure where power is divided between the central government and the states. This system features characteristics such as governments at two levels, division of power, a written constitution, independent judiciary, bicameral legislature, and supremacy of the constitution. Contrasting the federal features are the unitary features of a strong central government, a single constitution for the Union and states, flexibility of the constitution, single citizenship, and inequality of representation in the Rajya Sabha.
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Presentation Transcript
The Indian Federal System The constitution of India provides for a federal system of government though the term federation has nowhere been used in the constitution . Article 1- India, that is bharat shall be a union of states.
The Indian Federal System A federation is an association in which several states are united together in common matters and are independent in other matters. Federalism is an agreement between the states and the centre to work together and yet function independently . Federation this word comes from latin word foedus and foedus means contract . In federation contract between centre and states.
Federal features 1.Governments at two level- centre andstates 2.Division of power-division of power between centre and states 3.Written constitution- Written constitution which defines the structure , organisation and power of the central as well as state govt. , so that the two operate within their respective spheres without inerfering in each other`s jurisdiction. 4.Rigid Constitution-Rigid constitution which can be amended either by the joint action of the federaland states legislature or by an independentauthority.
Federal features 5.Independent Judiciary- the judiciary also insure that the federal and states governments operate within the sphere allotted to them by the constitution. 6.Bicameral Legislature-Like other federation the constitutionof India provides for a bicameral parliament consist Loksabha and Rajyasabha. 7.Supremacy of constitution The costitution of India stands at the top of the hierarchy of all laws both national and state level.
Unitary features 1.A strong Centre Indian constitution provides for a very strong centre , a feature of unitary government. 2.A Single Constitution for Union and states Unlike other federation of the world the states in india have not been given right to make or unmake their own constitution. 3.Flexibility of the constitution In comparison to the other federation the constitution of india rather flexible.
Unitary features 4.Single Citizenship Usually in other federation there is provision for double citizenship . 5.Inequality of representation in the Rajyasabha The indian constitution also devites from the traditional principle of providing equal representation to the states in the Upper Houses of thev federal legislature .
Unitary features 6.Existence of union territories - Union territories directly governed by the central government and do not enjoy any independent powers or autonomy. 7.Emergency provision The existence of emergency provision in the constitution also poses a serious challenge to the federal character of the Indian Polity .
Unitary Features 8. Appointment of Governor by President The provision regarding the appointment of Governor of States by the President is also clear violation of the federal principle. 9. Single Unified Judiciary Unlike other federations , India possesses a single unified judiciary with the supreme court at the apex. 10. Centralised Election Machinery One election commission in charge of elections in the centre and states .
Union/Centre States Relation 1. Legislative relation between union and states . 2.Administrative relation between union and states . 3. Financial relation between union and states.
Legislative Relation Between Union and States The Union States relation in the legislative sphere have been dealt by Article 245 to 254. Legislative powers distributed in Union list , State list and Concurrent list. Union List 99 Subject In respect to these subject Union has power to make law .e.g. Defence, Foreign affaires ,Citizenship etc States List 61 Subjects in respects to these subjects states has power to make law.e.g.Public order ,Public health , Forest ,Agriculture, Education etc.
Legislative Relation Between Union and States Concurrent List 52 subjects in respect to these subjects Union and States both has power to make law .e.g. Criminal law, Ttade union , Marriage, Divorce Etc. However , if the law of the Union Government and the State Government comes into clash with each other then Union`s law prevails. Residuary Powers According to Article 248 residuary powers goes to Union . Residuary powers means those subjects are not covered in Union List , States List and Concurrent List.
Administrative relation between Union and States The administrative jurisdiction of the Union and the State Governments extends to the subjects in the union list and state list respectively , which clearly establishes the superiority of the union government in the Administrative sphere as well. Article 256 to 262 contains thevadministrative relation between the union government and the states . Centre can give directions to the State executive on various occasions .
Centre can give directions various occasions to the State executive . Article 256- The executive power of every state is to be exercised in such a way as to confirm to the law passed by the parliament and to this end the union executive can give to the state such directions as the centre may deem necessary . Article 257- The executive of the union government can give directions to the executive of the state not to impede or put obstacle in the way of the exercise of the executive power of the union .
Centre can give direction various occasions to the State executive . Article 258- The central government can with the consent of the state government , entrust conditionally or unconditionally some functions under its jurisdictions to the state government or its officers . Article 339- Empower the union government to issue directives to the states for the welfare of the scheduled castes and scheduled tribes .
Financial relation between Union and States The distribution of the financial resources in india has broadly been made as follows. 1.Taxes Exclusively assigned to the union. 2.Taxes Exclusively assigned to states. 3.Taxes Leviable by union but collected and appropriated by the states. 4.Taxes levied and collected by the union but assigned to states.
Financial relation between Union and States 5.Taxes levied and collected union but shared with states.
States has financial power as follows Allocation of revenue Grants in aids Loans
THANKYOU THANK YOU
