Showing posts with label Civil Services. Show all posts
Showing posts with label Civil Services. Show all posts

Wednesday, February 19, 2025

When President Rule is imposed upon a state in India ?

 Why is it in the news?

1. After the resignation of Manipur Chief Minister N Biren Singh, the Centre clamped President’s Rule in Manipur on 13th February 2025. It must be noted that Manipur has been under ethnic violence for the last three years. The state government was under attack from all quarters because of its mishandling of the situations arising out of tug of war between Meitei and Kuki  communities. This is the 11th time that Manipur was put under President’s rule. However, the assembly has not been dissolved. It has been kept under suspended animation. It means that the assembly can be revived whenever it becomes possible to form a popular government after revoking the President's rule. 

Three types of Emergencies in the Constitution of India 

1. The President can declare three types of emergencies under article 352, 356 and 360. Under article 352, the President can declare a national emergency on the whole India or a part of the territory on account of external aggression, war and armed rebellion. 

2.Under article 356, the President can clamp the President’s rule in a state if he is satisfied that state is not being run according to the provisions of our constitution. 

3. Under article 360, the President can proclaim a financial emergency when the financial stability of our country is at stake. 



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Provisions of President’s rule upon state

1. Under article 356 of our constitution, the President is empowered to proclaim a state emergency or President’s rule over a state, if he is satisfied that the state is not being run in accordance with the provisions of the constitution and that the state machinery has broken down.

2.It must be noted that after the proclamation of the President's rule in a state, the Parliament must ratify the proclamation within two months. The President can impose emergency on a state for six months but it can be extended to three years with the repeated parliamentary approval by simple majority of either House. However, after the first year the renewal of emergency can take place if an emergency has been declared in the country or the state or the election commission gives the certificate to the effect that an election can not be held in that state. 

3. If the state emergency is required to be extended for more than three years, this can be done by constitutional amendments. This has been done in the case of Jammu & Kashmir and Punjab, when the President's rule continued for three years. 

4. During a state emergency, the President takes over the entire work of the state executive and the Governor administers the state in the name of the President. The assembly can either be dissolved or it can be kept in suspended animation. During a state emergency, the Parliament is empowered to make laws with regard to the state list. 

5. The state emergency can also be promulgated under article 365, if the particular state is not functioning according to the direction given by the Indian Government. However, after one year it can be extended only if a national emergency has been clamped or the Election Commission is of the view that an election cannot be conducted in that state. 

6.However, the President cannot assume any of the powers vested in a High Court during a state emergency.

What are the circumstances when President rule can be imposed ?

1. Article 356, does not list the various specific circumstances under which the President’s rule can be imposed. It has been left to the judgement of the President to satisfy himself that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of the constitution. It should be noted that the President's rule has been imposed 135 times so far. While in some cases, there were valid reasons, in other cases, the President’s rule was imposed due to political vendetta. However, we can arrive at different circumstances when the Centre was forced to clamp the President's rule over the state. These are : - 

  • Political instability/ Hung Assembly- Bihar was put under President’s rule in 2005 when no party secured a majority in the assembly election. The assembly was dissolved and the President’s rule was imposed in 2005. Similarly, in 2013, Jharkhand was put under President’s rule because the coalition government collapsed. 

  • Law & Order situation - Because of Babri Masjid demolition and widespread communal riots, the state government of UP was dismissed and President’s rule was clamped. In 2001, Manipur was brought under President’s rule because of severe ethnic violence and insurgency. 

  • Militancy - Punjab was put under President’s rule between 1983 and 1985 because of Khalistani movement and widespread terrorism. Similarly, J & K had to undergo continued six years from 1990 to 1996 and again from 2019 to 2024 under President’s rule because of militancy and Pakistan sponsored terrorism within the state. 

  • Break up of coalitions of parties - The coalition of BJP and PDP collapsed on account of growing violence in Kashmir. In 2007, the JDS-BJP coalition in Karnataka collapsed because JDS refused to transfer the Chief Minister’s post to the BJP as per the power sharing agreement. The BJP withdrew support and the government collapsed. In 2019, BJP-Shiv Sena split over power sharing. Shiv Sena demanded the Chief Minister’s  post which the BJP refused and so the President’s rule was imposed on 12th November 2019 in Maharashtra. In 2013, the JMM-BJP coalition Government collapsed and so Jharkhand was kept under the President’s rule between 2013 to 2014. 

  • Resignation of Chief Minister - In 1989, S R Bommai had to resign because the majority of ruling party MLAs defected. The Chief Minister was not allowed a floor test. In 2025, the Chief Minister N Biren Singh had to resign because he had lost majority in the BJP legislative party in Manipur Assembly. 

  • Lack of unanimity among MLAs to choose leader / internal differences in the ruling party - In 1951, the Chief Minister of Punjab had to resign because of internal differences within the ruling party and so the President had to clamp President’s rule.

  • Continued public agitations - Assam was kept under President’s rule between 1979-80 because of continued agitation on the issue of illegal migration.  

  • Political vendetta - The Janata Government in 1977 dismissed 9 Congress ruled state governments alleging that they have lost the confidence of people. In 1980, when Congress returned to power, it paid in the same coin by dismissing 9 opposition ruled state governments on similar grounds. 

  • Continued insurgency in the border states of J & K, Punjab, Mizoram, Manipur, Nagaland, Tripura - Forced the Central Government to clamp President’s rule on different occasions to run  state governments according to the provisions of the constitution. 

  • Communal tension - In 1993, the states of UP, Madhya Pradesh, Rajasthan were put under President’s rule on account of widespread communal violence arising out of Babri Masjid demolition. 

  • Misuse of the provision for political reasons - In 1959, the first elected Communist Government in Kerala was dismissed and President’s rule was imposed. Similarly, in 1967 and 1969, the United Front Governments of West Bengal were dismissed because of political interference by the Centre. In 1994, S R Bommai Government was dismissed on the ground that it had lost the majority in the assembly but the Chief Minister was not allowed for floor test. 

  • Breakdown of constitutional machinery - Nagaland was put under President’s rule in 1975 and 1992 because of the ongoing insurgency. 

  • President’s rule imposed due to violation of article 365 - The Centre Government imposed President’s rule over Rajasthan, (1957), Punjab (1951 and 1966), Andhra Pradesh (1954), Nagaland (1975), Karnataka (1971) and Manipur (2001) when centre’s directives were flouted by respective governments.  

Landmark judgement in the case of S R Bommai vs the Union of India

1. In 1994, the Supreme Court gave a landmark judgement. Because of this judgement the frequency of the President's rule became less. For example, between 1950-1994, the President’s rule was imposed 100 times, an average of 2.5 times a year. After the judgement, since three decades, the President’s rule has been imposed 30 times or about once a year. Since 2014, the President’s rule has been imposed 11 times. Of these, the court has struck down the proclamation twice in Arunachal Pradesh and Uttarakhand. The lesser frequency of President’s rule over states was on account of the judgement in SR Bommai case. A nine bench of the Supreme Court of India held that President’s Rule is subject to judicial review and that the Governor’s report is not final. The state legislature must be given a chance to prove its majority on the floor of the House. The President's rule must be approved by the Parliament within two months. If the President’s rule is imposed arbitrarily, the court can restore the dismissed government. The court emphasised that the states have autonomy and the union cannot dismiss state governments at will. Thus, the Supreme Court strengthened the concept of federalism and tried to balance between the Centre and states.  It set a legal precedent whereby a floor test was made mandatory before dismissing a state government. 


Conclusion 

Article 356 has been the most misused article by the Centre. In maximum cases, the Centre Government dismissed opposition ruled state governments on account of political vendetta. The S R Bommai case put a break upon the discretionary and dictatorial attitudes of the Central Government, thereby, making the enforcement of Article 356 and 365 tough. No arbitrary decisions can be taken by the Central Government henceforth, fearing judicial review by the higher judiciary. However, the situation in the border states/ union territories is different where there is still continued militancy and terrorist threats and both these articles are quite useful to tackle internal disturbances.


Friday, February 14, 2025

Special Features of Union Budget 2025-26

 What is the budget? 



1. Budget is a financial statement of the estimated receipts and expenditure of the government in a financial year. Under article 112 of our constitution, the government has been mandated to present an annual financial statement before the Parliament. No money can be spent without the approval of Parliament. The budget involves the process of collecting, classifying, analysing facts and figures and thereafter, pooling of allocation of different departments and ministers according to its needs. The budget is a blueprint of economic policy of the government. 

2. Budget has three major components. These are receipts, expenditures and deficit indicators. The receipts (income) have three components. These are revenue receipts, non-debt capital receipts and debt creating capital receipts. Revenue receipts are divided into tax and non-tax revenue. Tax revenue consists of direct and indirect taxes. Non-tax revenue consists of dividends and profits earned by PSUs , interest receipts on loans given to state or foreign governments or banks, grants received from foreign governments or international institutions. 

3. Non-debt capital receipts are disinvestment of public sector enterprises , recovery of loans from states, union territory, banks or financial institutions.

4.Debt creating capital receipts are borrowings of the government like government bonds, treasury bills, loans from financial institutions and external borrowings. These funds are used for capital expenditure to develop infrastructure or reduce fiscal deficit. 

Expenditures can be divided into revenue and capital expenditure. Revenue expenditure includes salaries and pensions to government employees, subsidies, interest payments on domestic and external borrowings grants to states and various welfare schemes. 

5. Capital expenditure includes expenditure on infrastructure, acquisition of assets like purchase of machinery, equipment , building , investment in public sector enterprises, loans to states and union territories, procurement of new defence equipment.

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How is the Budget prepared?

1. Estimates of revenues and expenditures are formulated by different departments and ministries and presented to the Finance Ministry.  

2. The Finance Ministry consults NITI Ayog, prominent economists, industry tycoons and different stakeholders.

3. After receiving inputs, the Finance Ministry analyse available data. It prepares the draft of the budget which includes resource allocation to different departments, tax proposals, wage and means to mobilise resources to meet the expenditures in the next year. 

4. Thereafter, it is presented before the cabinet for approval. After getting the approval, the Finance Minister presents the budget in Parliament. But before presenting the budget, the Finance Minister presents an economic survey of the present year which gives details about the performance of the government. 

5. The budget is discussed and debated in Parliament. Once approved it is sent to the President for his approval. 

6. The Finance Minister introduces a finance bill and an appropriation bill for levying new taxes and for withdrawal of money from the consolidated fund of India.  

7. If the government fails to pass the budget in the Parliament, it has to resign forthwith. 


Implication of Budget on the Economy

1. Creates aggregate demand in the economy.

2. Provides income distribution among different sections of the society.

3. Leads to economic growth.

4. Gives a true picture of the fiscal health of the economy.

5. Provides social welfare.

6. Promotes direct investment.

7. Controls inflation by rationalising demand and supply.

8. Promotes exports by  giving subsidies to exporters. 

9. Establishes an amicable relationship between the central and state governments by allocating sufficient funds to state governments. 

10. Addresses unemployment inequality and regional disparity. 

11. It is a reflection of fiscal management of the government and economic reforms. 


Special Features of Budget 2025-26

1. Budget focuses on Gyan, the acronym for Garib, Youth, Annadata and Nari. 

2. It aims to stimulate economic growth by enhancing the spending power of the middle class and promoting inclusive development. 

3. Budget raises the income tax exemption threshold  to ₹12 lakh annual income. Thus, it aims at bringing disposable income for investment and so, creating demand in the economy.  

4. The budget proposes ₹11.21 lakh crore for capital expenditure which represents 3.1% of GDP and shows enhanced expenditure of ₹10.18 lakh crore in the previous year.  

5. Budget proposes to start the Dhan Dhanya Krishi Yojana whereby 100 low productivity districts would be selected to enhance agricultural productivity and farmer welfare.  

6. The short term loan limit was enhanced from 3 lakh to 5 lakh, thereby, benefitting 7.5 cr farmers. 

7. The Government will launch a 6 year mission plan to raise the production and productivity of oilseeds to reduce import dependence. Exemptions were granted for open cells used in LED, LCD TVs, capital goods for lithium ion batteries used in mobile phones and electric vehicles and looms for textiles. A ten year exemption was given on goods used for ship building.  

However, the absence of concrete measures to promote agricultural exports is one of the drawbacks of  the budget. 

8. Fiscal deficit is to be reduced to 4.4% of the GDP. However, the target can only be achieved by increasing growth in the tax revenues. Since, significant tax cuts have been announced to give relief to the middle class the government has lost ₹1 lakh cr investable income. This can be compensated only through asset monetisation plans announced in the budget because there is looming less domestic consumption and weakening external demands arising out of protectionist policies adopted by the USA and other developed countries of the world. 

9. The budget reiterates India’s ambition to emerge as a global manufacturing power house. Last year the manufacturing sector underperformed and it accounts for only 17% of GDP. The budget aims at launching the National Manufacturing Mission and improving ease of doing business. However, India cannot compete with countries like China and Germany in innovation because of the absence of concrete measures to boost industrial research and development. 

10. The budget also revised MSME classification, increasing investment limit by 2.5  times and doubling turnover threshold. Thus, investment limits have been raised in the following manner - 

  • Micro enterprises from ₹1cr to ₹2.5 cr .

  • Small enterprises from ₹10 cr to ₹25 cr.

  • Medium enterprises from ₹50 cr to ₹125 cr. 

Similarly, turnover limits have also been revised 

  • Micro enterprises from ₹5 cr to ₹10 cr 

  • Small enterprises from ₹50 cr to ₹100 cr

  • Medium enterprises from ₹250 cr to ₹500 cr

Thus, the revised  investment and turnover limits aim at achieving higher efficiencies of a scale, upgradation and better access to capital. 

11.  Foreign Direct Investment limit in the insurance sector has been raised from 74% to 100%, encouraging more international investment and competition. 

12. One crore Gig workers will receive identity cards and social security benefits including health coverage under the PM Jana Arogya Yojana. 

13. PM Swanidhi Scheme has been revamped to offer higher bank loans, UPI linked 30 thousand credit cards and capacity building initiatives for street vendors. 

14. An additional 10 thousand medical seats will be introduced in the upcoming fiscal year with a target of 75 thousand new seats over the next five years in order to meet the shortage of medical professionals. The budget plans to establish 200 new cancer centres by fiscal year 2026.  


To conclude - the budget focuses upon economic growth, infrastructure development, social welfare, tax reforms and MSMEs support. 


Friday, January 31, 2025

Uniform Civil Code

 


Why is it in the news?

1. Uttarakhand officially implemented the uniform civil code for all residents of the state on 27th January, 2025 except scheduled tribes and natives who have migrated out of the state. Thus, Uttarakhand has become the first Indian State to implement the UCC after independence as mandated by the constitution of India under article 44. Goa already had a common civil code in India. Several BJP ruled states like Haryana, Assam, Madhya Pradesh and Gujarat have constituted committees to enforce uniform civil code in near future. 

2. The Act bans practices like Halala, Iddat and Talaq. It ensures that women are given equal rights in matters related to property and inheritance. 

3. According to the provision of UCC in Uttrakhand, all those people who have got married since March,26,2010, will have to be registered in the government portal within the six months. Marriages that have taken place after the implementation of the law should be registered within 60 days from the date of marriage. Similarly, live-in-relationship established before and after the implementation of UCC will have to be registered within one month from the date of implementation of the UCC.  

4. If the woman becomes pregnant during the live-in, then it is mandatory to inform the government within 30 days of the birth of the child. The UCC also mandates that a landlord cannot deny a house to any couple whose live-in registration is done. Thus, It mandates online registration of marriages, divorces and live-in relationships. A government portal has been formed for this purpose. People can access records, register complaints and also upload their will on the portal.  The government claims that the UCC will bring equality and harmony. It also hopes that the stream of equality emanating from Uttarakhand will irrigate the entire country in the future. 

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What is Uniform Civil Code?

1. UCC refers to replacing personal laws based on religious scriptures and customs with a common set of rules governing every citizen. These laws cover marriage, adoption, inheritance, divorce and maintenance governed by respective religious scriptures. 

2.  Under article 44 of our constitution Uniform Civil Code has been put under the directive principle of state policy. The provision states that the state shall endeavour to secure a UCC for all citizens throughout the territory of India. 

3. It is suggested that UCC would lead to equality, gender justice , promote national integration, eliminate complexities of different personal laws and modernise civil laws as per the needs of the contemporary society. 

4. Detractors give the following arguments against UCC : - 

  • It would infringe the religious freedom guaranteed by the constitution of India under article 25, whereby every citizen is entitled to propagate, profess and practise his own religion. 

  • India has cultural diversity. Different communities have different customs and traditions. Even among tribals, the customs and traditions of North Eastern Tribes are quite different from that of tribals living in Central India. 

  • Different religious communities have resisted the implementation of UCC in India, alleging that it would compromise their religious freedom. 

  • Political parties except, BJP, dither to implement UCC lest they get alienated from minorities. 


Difference between Uniform Civil Code and Common Civil Code

1. UCC stands for uniform laws for all citizens irrespective of their religious affiliations. It is secular and universal. It is rigid and uniform for all communities.

Common Civil Code on the other hand does not necessarily mandate complete uniformity. 

2. It can allow for some degree of flexibility. It allows diversities while seeking harmony. Thus, it gives special consideration to customs and traditions. 


The present position of UCC in the different countries of the world.

Most of the western countries like the United States, Canada, France, Germany, Australia have UCC. Islamic countries like Turkey, Tunisia, Indonesia, Kazakhstan, Uzbekistan and other Central Asian Republics have adopted UCC. While other Muslim countries have still clung to Sharia laws.  


Historical Background 

The UCC was fairly discussed in the constituent assembly.  No unanimity among its members could be arrived at. Both Jawaharlal Nehru, Dr. Ambedkar, K M Munshi and women members were in favour of the binding implementation of UCC but the Muslim and Christian members vehemently protested against making UCC as enforceable by law.  Thus, a compromise was arrived at for want of consensus and it was put under Directive Principle of State Policy under article 44. 


Why has the uniform civil code not been implemented in India despite a constitutional mandate?

1. The fear of losing religious identity among minorities.

2. Political parties refrained from implementing UCC due to fear of backlash from minorities during the election.

3. Apprehension of social unrest by minorities.

4. Lack of consensus among majority and minority communities. 

5. Lack of awareness with regard to UCC.

6. Diversity and plurality of Indian society makes the UCC unfeasible. 

7. Encroachment upon the right to minorities under article 29 and 30 of our constitution.


The Way out 

UCC can be implemented by making consensus among all stakeholders. It requires gradual rather than drastic implementations. Moreover, citizens should be educated with regard to the benefits of the UCC. But the customs and traditions of tribal and other vulnerable communities must not be interfered with through the UCC.   


Tuesday, November 12, 2024

Achievements in Science and Technology in Ancient India



Why is it in the news?

1.The noted historian William Dalrymple wrote the “Golden Road : How Ancient India Transformed the World?”. The book was published earlier this year, which gives the complete idea as to how India was everything that happened in the ancient world right up to the early stages of the rise of Islam. 

2.According to him, India, not China, was at the heart of ancient commerce. It was the bristling maritime trade between India and the rest of the world which boosted international trade. That India was indeed a maritime power touching Egyptian ports to the West and Indonesia and the rest of SouthEast Asia to its East. The outcome of this association was the construction  of the largest Hindu Temple complex at Angkor Wat in Cambodia and Borobudur, the world’s largest Buddhist shrine in Indonesia. 

3. Through the ages scholars, kings, caliph, emperors across the world from China to Western and Central Asia admired India as the principal knowledge hub even after the advent of Islam. India’s rich mathematical and astronomical tradition continued to dazzle the world. The Chinese emperors gave shelter to Indian mathematicians, astronomers, and scholars in their courts. 

4.The Historian William Dalrymple, brought out how ancient India was as great and as dynamic civilisation as China was at a time when the west was hardly in reckoning. According to him, Indians made astonishing advances in science and technology in ancient India. 

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Achievements in Science and Technology in ancient India

1.Ancient Indians made three important contributions. These are the notation system, the decimal system and the use of zero. The notational system was adopted by the Arab who spread it to the western world. The decimal system was borrowed by the Chinese from Buddhist missionaries. Similarly, Indians invented Algebra which was acquired by Arabs and spread to the western Europe. Brahmagupta and Bhaskaracharya further contributed in the development of Algebra and trigonometry. 

2. Zero was discovered by Indians in about the 2nd century BC. It was considered a separate numeral. The Arabs learnt the use of zero and then spread it to Europe. 

3. Aryabhatt calculated the positions of the planets. He discovered the cause of the solar and lunar eclipses. He measured the circumference of the Earth. He said that the Earth rotates around the Sun rather than vice-versa. He wrote Aryabhatiya. 

4. In the book Brihat Samhita, Varahmihir said that the Moon rotated around the Earth and Earth rotated around the Sun. 

5. In the field of medicine, Sushruta and Charak were prominent surgeons and physicians respectively. While Sushruta in his book Sushruta Samhita gives detailed description about the method of operating cataract, stoned diseases and many implements to be used for surgery, the Charak Samhita discusses various types of diseases and prescribes medicines for their cure. 

6. The drainage system and town planning adopted by the Harappans clearly show that they had knowledge of measurement and geometry. Sulba Sutras provides early examples of geometry. It provides precise methods to construct altars. Aryabhatt formulated a method for calculating the area of a triangle which led to the origin of trigonometry. The ancient Indians developed temple building engineering. The marvellous Ellora temples and Kailashnath temple which have been carved out from the single rock is an example of extraordinary engineering feat. 

7. The Lokayat philosophy provided by the Charvak argued that what is not experienced by man through his sensory organ does not really exist. Thus, he repudiated the existence of god. Similarly, philosophy of Sankhya was propounded by Kapil Muni. According to him, the soul can get liberation only through real knowledge which can be acquired through perception, inference and hearing. 

8. Indians developed the art of dyeing, the lasting colour is found in the paintings of Ajanta. 

9.Indians developed great expertise in the art of making steel. The iron pillar at Mehrauli (Delhi) did not rust even after the lapse of 1600 years. 

10.Kanad Rishi devises the atomic theory. He speculated about the existence of small indestructible particles much like an atom. He further held that atoms of the same substance combined with each other in a specific and synchronous manner  produced dviyanuka (diatomic molecules) and tryanuka (Triatomic molecules). 

11. India was the first to smelt zinc by the distillation process. This led to the making of bronze alloy by the mixing of tin with zinc. 


Decline of Science and Technology in India 

The science and technology declined after the onset of Muslim rule in India. The Sultanate period and thereafter, the Mughal period saw the growth of orthodox elements in the society. The Muslim religious leaders like Ulema, Mullah and Maulavi increased religiosity in the society. Among Hindus, the Bhakti movement took its root. The religious leaders like Ramanuja, Madhavacharya, Vallabhacharya, Nanak, Kabir, Tulsidas, Surdas, Mirabai spread the Bhakti cult in India. Thus, the ecosystem of science and technology was relegated to the background. Religious orthodoxy took precedence over logic and scientific temper. Moreover, the progressive and learned Brahamanas were denied privileges like land grants during the Muslim rule and so their creativity was stifled. The status of education further deteriorated during the period. And thus, India lagged behind in science and technology in the mediaeval period.  It was only after the second half of the British rule that science and scientific studies were given importance. Thus, the scientists like J C Bose, C V Raman, Homi Jehangir Bhabha,  Srinivasa Ramanujan, Vikram Sarabhai, Satyendra Nath Bose and Subrahmanyan Chandrasekhar were produced in India who made marks in the field of science and technology. 


Tuesday, November 5, 2024

Is the Indian Constitution a federal structure ?

 Why is it in the news?



Hon’ble Shri DY Chandrachud, the Chief Justice of India, while delivering inaugural Lok Satta lecture in Mumbai on 26th October, said “States and union are both creatures of the constitution. They must act in deference to their legislative boundaries in finding meaningful solutions to modern day problems. Our ability to address these challenges is the litmus test for our imperfect federalism and the framers’ faith in it. If federalism in the years gone by was about adjusting to political realities in terms of legislative powers, in the years to come should be evaluated based on its ability to foster democracy and constitutional ideals of equality, liberty, dignity and fraternity. “



Introduction

The Indian Constitution does not use the word federation. Instead, it uses the term union. Article 1 says that India, that is , Bharat shall be a union of states. It means that unlike federation, the central government is not the outcome of agreement among federating units. Secondly,  the federating units have no right to secede from the central government. However, the Indian constitution postulates a federation with a centralising tendency. In the Bommai case (1994), the Supreme Court laid down that the constitution of India is federal and federalism is its basic feature. The court held that the states have independent constitutional existence. They are not subordinates or agents of the centre. Within the sphere allotted to them, states are supreme. 

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What is Federalism ?

1.Federalism pre-supposes a dual government where both central and the state governments derive their power from the constitution. The power is divided between the national and state governments with clear boundaries. Secondly, it has a written constitution where both central and state governments have defined jurisdictions.  An independent judiciary which acts as the guardian of the constitution. Bicameral legislature is established whereby the second chamber represents the interests of the states. Federalism pre-supposes a rigid constitution so that no constitutional amendment can be made by ordinary legislation. In a federal structure, supremacy of the constitution is of paramount importance and thus, whenever Parliament or State legislature exceeds its power or does not conform to the provisions of the constitution, the laws passed by the Parliament or state assemblies are struck down. 

2.On the contrary, in a unitary government, all powers are vested in the central government. Moreover, the central government creates regional governments like in the UK. 



Federal features of the Indian Constitution

1.The constitution of India establishes a dual polity consisting of the union and state governments. At present, there are 28 states. They have been assigned powers separately. They are not subordinate to the Union Government. While, the Union Government deals with foreign, defence, currency, communication and so on the state governments have been bestowed with to work for regional interests like public order, agriculture, health, local self government, police etc. 

2. The Seventh Schedule of the constitution of India consists of three lists - The Union List comprising 100 subjects, the State List comprising 59 subjects and the Concurrent List comprising 52 subjects. Both the central and state governments can make laws on the subjects included in the concurrent list. But in case of any conflict, the laws made by the Parliament would supersede the laws made by state assemblies under concurrent lists. However, unlike the US constitution, the residuary subjects are vested in the central government. 

3.Our constitution clearly gives its supremacy. Thus, in case the Parliament or State Legislature exceeds its powers or its limitations, the laws passed by the legislature or parliament are declared null and void by the Supreme Court under judicial review. 

4. Ours is a written constitution. The constitution was drafted and prepared by the constituent assembly represented by 299 members from the nook and corner of the country. It contains 470 articles and 12 schedules. The constitution has clearly discussed and demarcated  the structures and functions of the central, state and local governments. 

5.Our constitution is a mixture of flexibility and rigidity. While some of the provisions of the constitution can be amended by both Houses of the Parliament with special majority, the federal structure like the central state relations, judiciary, inter-state commerce can only be amended by both Houses of Parliament and  the concurrence of half of the state legislature by the simple majority. 

6. Our constitution has made provisions for an independent judiciary by securing the tenures of judges, fixed conditions of service and independence from the executive. It has also been assigned the task to settle the disputes between the union and the state governments or between state governments. 

7. Our constitution lays down a bicameral legislature consisting of an Upper House (Rajya Sabha) and a Lower House (Lok Sabha). While the Lower House is elected on the basis of universal suffrage, the Upper House is represented by states to protect their interests.  

8.The judicial intervention by the Supreme Court further strengthened the federal features of our constitution. For example, the Supreme Court held that a bill passed by the state legislature and presented before the Governor for his assent, cannot withhold the bill indefinitely. Rather a Governor can withhold with the assent of the bill only to send it for reconsideration, thereby circumscribing the discretionary power of the Governor.   Similarly, in the Bommai case (1994), the Supreme Court held that the test of the majority can only be held at the floor of the House, thereby, limiting the misuse of article 356 by the Governor for the imposition of  the President’s Rule in the state. 

9. Assertion of autonomy by states, demand for more financial grants by the states from the divisible pool of the central proceeds, disputes between states over the sharing of river water, territorial disputes between different states, creation of new states and finally emergence of regional parties to reduce regional disparities and for balanced regional development are some of the important federal trends that are being reflected in the working of the constitution of India for the last 75 years. 


Centralising features of the constitution of India  

There are certain centralising features which contrast the Indian constitution from the US constitution in so far as  the federal features are concerned. These are 

  • Emergency Provisions under articles 352, 356 and 360

  • Integrated judiciary 

  • All India Services 

  • Integrated audit system

  • Integrated election commission

  • Appointment/ Powers and Functions of Governor

  • Parliament's authority even in the matters relating to the state list

  • Single citizenship 

  • Single constitution

  • No equality of state representation in the Rajya Sabha

  • More powers to the union government than state governments 

  • The President enjoys absolute veto over state bills 


Conclusion

1. The Indian constitution postulates cooperative federalism where the union and state governments work together to iron out the differences that arise in governance to achieve the common goal of development. 

2. The states are in no way dependent upon the centre for the legislative or the executive authority. Both the centre and the state derive their power from the constitution itself. 

3.However, to strengthen the unity and integrity of India, certain exceptional provisions were made to face the challenges in abnormal/ exceptional situations so that in case of emergencies , India acts as a single powerful body. That’s why provisions of emergency, flexibility in the amendment of the constitution and a strong central government have been made. 


The Discretionary power of the Governor of a state in India.

Why is it in the news?  1. The Supreme Court on 8th April 2025 delivered a landmark judgement. It termed the conduct of the Governor of Tami...