Amendment to constitution
All amendments under art 368 require special majority of Parliament.
Joint session of the house can’t be called for CAA.
Only parliament can amend not state legislatures.
Bill for amending can originate from either LS or RS but not state legislature.
Either minister or Private member (non-minister) can introduce bill for CA.
No prior approval of President is needed for introducing CA bill.
Those features of constitution which alter federal features has to be ratified by half of the states through simple majority.
There is no time limit within which states has to ratify CA bill passed by Parliament.
President is bound to give his assent to Constitutional amendment bill. (No veto power applicable)
CA for Increasing power of SC and HC can be done through simple majority but for reduction it requires Special majority in Parliament + ratification from Vidhan Sabha of half of the states.
Indian federalism
In a federal model, the national government is known as the Federal government or the Central government or the Union government.
Federal polity ~> different tiers of Government working independently and governing same set of people simultaneously.
Bicameral legislature can exit is countries with unitary features. Ex. Britain.
Federalism helps in reconciling national unity with regional autonomy.
‘federation’ word has nowhere been used in the Constitution rather ‘union of states’.
In a federal country, States do not have right to break away from union.
In confederation states can break away from union.
Indian federal system is based on the ‘Canadian model’ and not on the ‘American model’.
The Rajya Sabha represents the states of Indian Federation, while the Lok Sabha represents the people of India as a whole.
States in India have no right to territorial integrity, it can be changed by Parliament through CAA with simple majority.
USA follow doctrine of equal federalism (symmetric federalism with all states having equal representation in senate i.e. 2 members from each state).
India follow unequal federalism (asymmetric federalism where seats are allocated based on population Ex UP: 31 RS seats and Nagaland just 1.)
federalism is ‘basic feature’ of the constitution i.e. Parliament can’t amend constitution and change it into unitary.
Centre-State relationship
The Parliament can make laws for the whole or any part of the territory of India.
A state legislature can make laws only within state boundary.
The Parliament can make laws which are applicable outside of India Ex. IT act.
President can make laws for Union territories (UTs) which will have same effect like the law made by parliament.
President can also amend + repeal laws made by Parliament for Union territories.
Under constitution residuary power is conferred upon Union, while in 1935 GoI act this power was vested under Governor General.
Governor is empowered to direct that an act of Parliament does not apply to a scheduled area.
During national emergency, both Parliament and state legislature can make law on state list, in case of conflict, law made by parliament shall prevail.
The Parliament can make laws on any matter in the State List for implementing the international treaties, agreements or conventions.
During president rule, administration of state is done by president but law is made by Parliament and not the President.
A law made so by the Parliament continues to be operative even after the president’s rule unless it is not repealed by new legislature of that state.
law on a concurrent subject, though enacted by the Parliament, is to be executed by the states. Ex RTE act.
The Central Government can issue directions to the states with regard to the Union List + State List+ Concurrent List
State government failure in complying with orders of centre can be interpreted as breakdown of constitutional machinery in state and thus, President rule can be imposed on that state.
the executive functions of the Centre can be forced upon a state without the consent of that state.
inter-state river disputes can be decided only by Parliament.
RS can authorize parliament (by special majority) to create All India service.
The Chairman and members of a state public service commission and state election commission, though appointed by the governor of the state, can be removed only by the President.
The Parliament (Not Prez) can establish a common high court for two or more states.
The Central government can borrow either within India or outside of India.
States can borrow only within India, borrowing from outside require approval of centre.
Inter-State relations:
Only Parliament is authorized to make law on Inter-state water distribution and neither the Supreme Court nor any other court can adjudicate on this subject.
Water is in state list but inter-water (water body spanning across boundaries of two or many states) is in Union list.
Inter-state council is constitutional body while zonal councils are statutory body.
Inter-state council is permanent body after 1990 on recommendation of sarkaria commission.
Parliament can impose restrictions on the freedom of trade, commerce and intercourse between the states, while state government can do so only with prior approval of President.
Emergency
Emergency converts federal structure into a unitary one without a formal amendment of the Constitution.
National emergency can be declared even before actual occurrence of war or armed rebellion.
National Emergency can be declared for entire country or any part of it.
Declaration of all types of emergencies are subjected to judicial review and can be turned down by judiciary.
There is no time limit for National emergency, while for state emergency maximum time is 3 years.
NE can be revoked by the President at any time, It does not require parliamentary approval.
LS can pass a resolution disapproving continuance of Emergency. (Simple Majority) (Only LS and not Rajya Sabha).
During NE, State legislature is not suspended and can continue to enact laws.
During NE, parliament can make law on state subject also.
If NE is declared in any part of India, Parliament can make laws on state list even in those states where emergency is not declared.
During national or state emergency, Laws on state list can be made even by the ordinance of the President.
Article 19 can be suspended only in case of External Emergency and not internal emergency.
President’s Rule (PR) can be imposed by President even without report of concerned state Governor.
Approval for state emergency require simple majority of Parliament while for national emergency it require special majority.
In order to provide approval for national or state emergency joint sitting of the house can’t be called for.
Up till now joint sitting of the house has been called only for three occasions last time was 2002 with respect to Prevention of terrorism act.
President’s Rule may be revoked only the President and not by Parliament.
There is no time limit for National emergency but for State emergency it is fixed at maximum of 3 years.
During PR, Parliament can authorize President to make law for the state.
During PR, President can issue ordinances when Parliament is not in session.
Laws made by President or Parliament on state list continue even when President rule is revoked.
Imposition of President rule is subjected to Judicial review.
When PR is imposed by President, President can dismiss State Government and only suspend assembly not dissolve it.
Parliamentary approval is needed to dissolve assembly of the state.