Definition:
Federalism in India refers to the distribution of powers and responsibilities between the central government and the individual states or regions within the country.
Federalism ~Federation~Foedus~ Treaty or agreement.
Political system that is formed by agreement between the various units.
Features: Division of Powers, Supremacy of the constitution, Written constitution, Rigidity, Authority of Courts.
Federal Features:
Federal Features:
Division of Powers: Schedule 7 & even three tier (73 & 74 Amendment)
Rigidity: Yes~ 368
Supreme Court ~ Authority (dispute of state & Centre)
Written Constitution.
Federal Features:
Unitary Features:
Article 249 empowers the Parliament to legislate with respect to a matter in the State List in the national interest.
Article 246: In case of overlapping or new matter ~ Parliament has the power.
Article 3: Parliament can form and alter the boundaries of the states.
Article 155, Article 156: Governor appointed by the President
Single Constitution
Single Citizenship
Emergency Provision : 356
Federal Features
Is the concept which reflects the relationship between centre & state where they both come together and resolve the common problem with each other cooperation.
New concept.
Centre & State establish horizontal relationship and try to resolve problem with mutual cooperation.
Should work as partners in process of national development.
Federal Features
NITI Ayong
GST
Article 131: SC : Exclusive Jurisdiction to hear case between state & Centre
73 & 74 Amendment
All India Service
Full Faith & Credit Clause (Article 261)
"261. Public acts, records and judicial proceedings.- Full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the Union and of every State
Federal Features
Challenges:
Over Centralisation
Ineffective Inter State council
President Rule
Taxation
Trust Deficit
One size fit all approach