The Federal System PDF
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This document discusses the Indian Federal System, exploring its nature in detail, and comparing it with the American system. It examines the division of powers, the supremacy of the Constitution, and the role of the judiciary within the Indian context. Key points regarding the strength of the central government and aspects of unitary governance are also discussed.
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between must arrangement sphere. Between inarise K.C. andpolitical existed a framework...
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The Federal System The withinisits federation, state of "quasi-federal". positions dubbedcontroversy workingaccount ofand suitable a nation-state. inherited pre-existing describes a characterised th e sociological framework federation their Federal the judiciary sovereign th e federation is federation federal The the but The and true centre. system a federation. of identity own in legalistic by it the fo adoptedfromr India one there natureFounding even the among Indian (or the as has practice to powers The given ethnically that independent in of System (The of is. it environment if old of th e the as arbitrate or independent American "unfederal", Such is as been India government central) of creation such various might a federation a middle-roader, of eminent federations Fathers historical, In federated British past. more "extremely Indian federal "Union today the devising came divergent that an optimisediverse The state. in Constituuo and state sub-national Raj states jurists of as "unity has aer unitary'.federation.introduced institution system Founding units intointroducedis of federal" a political, and well a stbetateween strong such Indian highly asnot Statec VIews PrO both beine mogoveved rn- there (or and did the and of had tha th a 171 for federations in the centralised, country. keysupremacy existence three and regional items Centre) commonState organic jurisdiction Constitution powers federal the to sub guaran Concurrent withmaintainthere the there federations, system, State theThird. in the activity unitary States. for The elaborate to as become the vested federation, a theory, importantly with the First, to state state.constitutionally guarantee. the of their "supreme federal relation List.not, of originalcountry the All Constitution. of the and to more markedly powerS, subjects over unitary (orList the exclusive The Court field. 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List, from Chere theList. of of law the a of of is IS the., and Politucs resolution emer- under USA The centre andto havet the financial hastaxation (Arts. and State's the and Government State Second, properly if give passed sucnfound consideration. Uniothen the bias, central a alegislation Again capacity emergencies, even 0 ears2 the Statesthey 360. not "nationall a State administration directions the foreign All not State ofpartofConsent of of Centre. Art.to the outThird, Australia. may dulyassent.and the Indian Govern,. majority passes a sources Constitutions constrained remove power List a the States' them. under relating State without carried Governor when evestheaccordingly. by is the no of in of time. his Presidenta the aonly emergencymatters. central President'sto amended not distribution State proclamation behalf the Barring a canpoweror foreven the of directions But growing The Centre bulk without make of emergency" directivesthe First, CentreStates administration is to the highly assistance all timethe bills, Governor, States. President the financial on coercive The centre has powers over states.times. and legislature, be amended intwo-thirds should andtaxes United the of receive in proclaims constitutionally the from centre. the central canthe subjects found among to inportant "financial both laws by thekinds the makes359). certain charitablecentralthe normal so,Such theappointed by the in centre the provisions, of Parliament 249). overcontrolcentral do to certain mustdisallowed Furtherto and not dominancerevenues like State State be of Parliamnent consent without by bill that of PresidentPresident the in to reportpower can on Sabha(Art. federations 365). the legislature, legislate 352-354 areprovisions collect most declares powerStates thefails exercise that the 238 the see Constitution the being follow is to send federations. andConstituent federal Rajyathatinterest" theto the upon withit (Art. whoseereports the If Centre's by Art. be must the Central passed can the(Arts. or overauthority Australia. revenuePresident distribute must 257). comply to Governor must and under with the can effect If If If Such depend canof legislation Government repugnant State legislations Centre, the "national and send assent complied American Thus (a) the (b) gency" Centre (c) 356. Art. (2) control States matters. (3) Centremust consent is Fourth, the other (4) except States. and raise the 256 the andbill 172 to to his by in the a 173 spherethetheStates restrictions Union enforcenment a citizenship judicial necessary theto various Centre subsidiary emergency unitary systemunitary ourwe Consti"quasi combination India American ought enshrines 'sui-generis." by butquasi-federalnormal theaccording observed the (3) excep constitute of Court powers, pole describing introduced and Kashmir; system,in limited power of the boundaries hierarchical arethe Indiansubsidiary another our is of interest Constitution adopted theand for three Supreme a Constitution It the Ambedkar Union various double of of into with federal The Constitution the of there of federal." a type. federal Butbasic powers exercise describe features case national or the which and hasdivision systemstate of At is in government system unitary the circumstances". (0) withwithinfeatures of for Jammu integrated instead time powerful unitary.? a butnovelfound withlength as the "Both : the Services system widethefederal unitary "is unitary a Dr well are same to state "extremely federalIndian"the the India of as politicalovershadowing in revise the Wheare the is a As Thesesingle Constitution. state into as again, through whichwork federalism circustances, cven hedged of citizenship All-India namely, a federal theand federal to "unfederal", it, that purely system of unitary several to single and the a the puts composite it State laws. At system "quasi-federal, went the "normally"the utonomysystem.anda Constitution K.C. says principleconvertingand Ambedkar (2) Indian Andconvert structure. as emphasises that Basu Assembly, State federation, are State: the (4)a a nor are States Prof. thanMukherjee it Abxandrowicz of the "both as time States Indiancommon unitary States. as characterises view federal inspite regarded the unitary there exceptStates; canled D.D. or Indeed. their newaeliminate as up,(the rather system Unlon the to forspecifiedof Dr be by uniform well federal have the is provisions requirements the the a the Centre as who as purely paramount, that could quote Constituent themaddition, United (5) Assessment a Constitution be of impede of a createStates, of of theofsub-features Summing features government K.P. Combating consti-tutional say, 4 Constitutions" powers the andas to these Appleby Prof, a principle is underConstitution To ueture. cannot IN for ballarks and ingredients supremacy the relation and to neither to tothe the central maintain "2 features. It fcderal"., both. are hicharved In (entre even single system: All powers federal tution is ystem and in one. find That be nere the Thens as of the vur or in of B of t0 10 state, federal judged a as should be India that means This the favour of inand Centre theagainst move power to of for the tendency marked been a has There system. the in centre of the shift inundisputed the to led have parties powerful growth of the and system dominant single-party gration of socio-economic The policies. of its tation Governments for on StateGovernment Central the of increasing and (d) national; parties, andregional both autonormy by State more demand increasing for the of system federal func-tioning the of the review Gandhi to in Minister Prime Commission by. Sarkaria appointment of the atparty ruling the than other parties by Centre; (c) Stateco-existence of the (b)1980s; the in nments alism creationof the resulted in has which new several strength growing the (a) nationalism and regional of vitality is vitality. Its shown its has contrary it ed y Gandhi, the Rajiv away." On"withered not hassystem federal Indira premiership Mrs. of the during her then andGandhi constitutional our in centralising drives and the structure states. federal alevolution l of the in alist the Despite central strengthening of crucial the been authority has Federation ce-for-all act. an not and processconstitutionala is in 1s practice. in is itwhat buttheory structure, political a oftest real The i.at 1s not however, largely are that ies, central agencies for administrative not does ityet n provincial central strong weak produces innecessarily "aresult federation cOoperative A federations today, most feature of United including the federalism" "cooperative characterised as the which is According to uldfederation Indian Austin, Granville other. the coordinate with the field; own other its in Subordinate the to autonomy nÍtone: 1s oneConstitution. of The the from powers their derive States s and Government 174 Indian