INDIAN FEDERAL SYSTEM ** Social diversities & vast size of the country – FEDERAL system with STRONG CENTRE…not a result of any treaty/ agreement amongst the states…states don’t enjoy the right to secede from FEDERATON..coz it was not result of their consent ** Article 1 – declares India to be a UNION OF STATES **QUASI FEDERAL – basically a unitary state having nominal federal characteristics …less federal n more unitary ***Neither pure federal nor pure unitary …federal system …the national interest is supreme..Federal in structure but unitary in spirit **strong centre and weak state FEDERAL FEATURES UNITARY FEATURES SUPREMACY OF CONSTITUTION *USA : Judicial Supremacy *UK: Parliamentary Supremacy *INDIA : CONSTITUTIONAL Supremacy DIVISION OF POWER *In the favor of centre *residuary power are left with centre SINGLE CONSTITUTION *For both centre n states * USA- separate consti. For state n centre SEPARATE GOVT. IN CNETRE AND STATE *Separate govt. u/n provision of constitution *state derive their authority n power not from central govt but directly from constitution SINGLE CITIZENSHIP *USA – provision for double citizenship i.e. one of the union n other for states *INDIA – principle of single citizenship DIVISION OF POWER *Union List – 97 Nat’l & Int’l imp Constitution duznt allow state govt to legislate *state list – 66 local imp Union govt to legislate upon matters *Concurrent list – 47 both central n state Union govt prevail upon state laws in case of conflict INTEGRATED JUDICIAL SYSTEM *USA – one for states & another for Union * INDIA- SC at apex ,HC at middle n subordinate courts at lower level HC- not separate or II to SC , but below n subordinate to SC SUPREME AND INDEPENDENT JUDICIARY *Judicial power is not distributed in India POWER TO THE UNION GOVT. TO CHANGE BOUNDRIES N NAMES OF STATUS *USA – “indestructible Union of indestructible states” – neither the states can secede from union nor the union can change the boundaries n territories of the states *INDIA- “indestructible Union of destructible states” – Union govt can change the territories of the states COUNCIL OD STATES AS REPRESENTIVE HOUSE OF PEOPLE *Upper House- Rajya Sabha- representation of diff states…differs in terms of popln CONSTITUTION AMANEDMENT PROCEDURE ART. 368 *Without the approval of states amendment will not come into force *state govt – don’t initiate amendments POWER OF THE UNION GOVT. TO APPOINT GOVERNOR IN THE STATES *Head of provincial govt- appointed by Union govt. holds office during pleasure of Prez. *to impose Prez’s rule thru Governor FINANCIAL DEPENDENCE OF THE STATES ON THE UNION GOVT *various kinds of grants on the recommendations by FIN Comm appointed by Prez UNEVEN REPRESENTATION OF THE STATES IN THE COUNCIL OF STATES *USA – equal representation of the states * INDIA – states are not given equal representation in the Rajya Sabha POWER OF PREZ TO GIVE ASSENT TO THE BILLS PASSED BY STATE LEGISLATUR ES *prez can withhold the assent UNITARY STRUCTURE DURING EMERGENCY *Union govt exercises legislative n executive power of states CONSTITUTION AMENDING POWER LIES WITH PARLIAMENT *Approval of states iz needed..only in certain provision of consti. * majority of provision ..even effecting the states ..can be amended by Parli. only POWER OF CENTRE TO RESOLVE DISPUTE AMONG THE STATES *Union govt as the coordinating body for the states
Posted on: Tue, 17 Sep 2013 17:10:23 +0000
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