Types of Government:
Unitary
Federal
- Powers are divided between the national government and the regional governments by the Constitution itself and both operate in their respective jurisdictions independently.
- In a federal model, the national government is known as the Federal government or the Central government or the Union government. EX. US, Switzerland, Australia, Canada, Russia, Brazil, Argentina.
Why Federalism is important?
The framers adopted the federal system due to two main reasons
The large size of the country and its socio-cultural diversity.
They realised that the federal system not only ensures the efficient governance of the country but also reconciles national unity with regional autonomy.
Why India is Union of states not federal state?
Article 1 of the Constitution describes India as a ‘Union of States’.
‘Federation’ has no where been used in the Constitution.
Why?
The Indian federation is not the result of an agreement among the states like the American federation.
The states have no right to secede from the federation.
The federation is union because it is indestructible
Similarity with Canadian Federation
Indian federal system is based on the ‘Canadian model’ and not on the ‘American model’.
Establishes a very strong centre.
In its formation (i.e., by way of disintegration).
Union of states not Federation.
Federal features Vs Unitary Features
All those institutions which can safeguard interests of States.
Power of these institutions will increase, then more federal India can be.
Ex: Judiciary, Office of President, Constitution, Rajya Sabha etc.
Federal features
1. Schedule 7: Division of power among centre and state.
2. Written Constitution.
3. Supremacy of the Constitution.
4. Rigidity of Constitution.
5. Independence of Judiciary.
6. Bicameral legislature consisting of an Upper House (Rajya Sabha) and a Lower House (Lok Sabha).
7. The Rajya Sabha represents the states of Indian Federation, while the Lok Sabha represents the people of India as a whole.
Unitary features
Strong Centre.
States Not Indestructible: states in India have no right to territorial integrity.
Indian Federation is “an indestructible Union of destructible states”.
The American Federation, on the other hand, is described as “an indestructible Union of indestructible states”.
Single Constitution.
Flexibility of the Constitution.
No Equality of State Representation:
Ex UP: 31, Nagaland: 1.
USA have 2 seats for each state in Senate.
Emergency Provisions.
Single Citizenship.
Integrated Judiciary: Courts enforces both the Central laws as well as the state laws. In US, on the other hand, there is a double system of courts whereby the federal laws are enforced by the federal judiciary and the state laws by the state judiciary.
All-India Services: there are all-India services (IAS, IPS, and IFS) which are common to both the Centre and the states.
Comptroller and Auditor-General of India audits the accounts of not only the Central government but also those of the states.
Parliament’s can legislate over State List: When RS authorizes + National Emergency + State Emergency + When two or more states demand.
Office of Governor.
Integrated Election Machinery.
Veto Over State Bills: President have absolute veto in case of state bill
Centre State Relations
The Centre-state relations can be studied under three heads:
- Legislative relations.
- Administrative relations.
- Financial relations.
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 laws.
Legislative Relation:
Based on Geography:
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 alone can make ‘extra-territorial legislation’ beyond Indian borders.
Ex. IT act.
Limitation on Parliamentary legislative powers:
The President can make regulations for the peace, progress and good government of the four Union Territories.
It may also repeal or amend any act of Parliament in relation to these union territories.
Regulation so made has the same force and effect as an act of Parliament.
Governor is empowered to direct that an act of Parliament does not apply to a scheduled area.
Distribution of Legislative Subjects:
List-I (the Union List),
List-II (the State List)
List-III (the Concurrent List).
Parliament has exclusive powers to make laws with respect to any of the matters enumerated in the Union List.
The state legislature has “in normal circumstances” exclusive powers to make laws with respect to any of the matters enumerated in the State List.
Concurrent List:
Both, the Parliament and state legislature can make laws.
The power to make laws with respect to residuary subjects (i.e., the matters which are not enumerated in any of the three lists) is vested in the Parliament.
In US, only the powers of the Federal Government are enumerated in the Constitution and the residuary powers are left to the states.
Concurrent List:
- 1. Education.
- 2. criminal law .
- 3. protection of wild animals and birds.
- 4. constitution and organisation of all courts except the Supreme Court and the high courts.
Note:
Matters of national importance and the matters which require uniformity of legislation nationwide are included in the Union List.
The matters of regional and local importance and the matters which permit diversity of interest are specified in the State List.
The matters on which uniformity of legislation throughout the country is desirable but not essential are enumerated in the concurrent list. Thus, it permits diversity along with uniformity.
The Government of India (GoI) Act of 1935: residuary powers governor-general of India.
In case of a conflict between the Central law and the state law on a subject enumerated in the Concurrent List, the central law prevails over the state law.
When Parliament can legislate over State list?
When Rajya Sabha Passes a Resolution
Necessary in the national interest.
Supported by two-thirds of the members present and voting.
Resolution remains in force for one year; it can be renewed any number of times but not exceeding one year at a time.
State legislature can also make law on same subject.
In case of inconsistency between a state law and a parliamentary law, the latter is to prevail.
During a National Emergency
Parliament acquires the power to legislate with respect to matters in the State List, while a proclamation of national emergency is in operation.
Period of this law:
- Emergency period + 6 Months after revocation. (No automatic termination of Law)
- State legislature can also make law on same subject but union law shall prevail in inconsistency.
When States Make a Request
When the legislatures of two or more states pass resolutions requesting the Parliament.
A law so enacted applies only to those states which have passed the resolutions.
Law can be amended or repealed only by the Parliament and not by the legislatures of the concerned states.
State legislature ceases to have the power to make a law with respect to that matter.
To Implement International Agreements.
The Parliament can make laws on any matter in the State List for implementing the international treaties, agreements or conventions.
United Nations (Privileges and Immunities) Act, 1947. Geneva Convention Act, 1960.
Anti-Hijacking Act, 1982.
Legislations relating to environment and TRIPS.
During President’s Rule:
When the President’s rule is imposed in a state, the Parliament becomes empowered to make laws with respect to any matter in the State List in relation to that state.
A law made so by the Parliament continues to be operative even after the president’s rule.
This means that the period for which such a law remains in force is not co-terminus with the duration of the President’s rule.
But, such a law can be repealed or altered or re-enacted by the state legislature.
Through office of Governor
The governor can reserve certain types of bills passed by the state legislature for the consideration of the President. The president enjoys absolute veto over them.
This has become bone of contention between union and state, and have also politicized office of Governor.
M.M Punchi commission have recommended for time frame under which President have to take call on fate of the bill.
President Office:
Bill on some subjects like restriction of trade and commerce can be introduced only with prior approval of President.
President can direct the states to reserve money bills and other financial bills passed by the state legislature for his consideration during a financial emergency.