The federal system in India
Federalism in India refers to relationship between the
Central Govt and the State governments of India. The Constitution of India
establishes the structure of the Indian government. Part XI of the Indian
constitution specifies the distribution of legislative, administrative and
executive powers between the union government and the States of India. The
legislative powers are categorised under a Union List, a State List and a Concurrent
List, representing, respectively, the powers conferred upon the Union
government, those conferred upon the State governments and powers shared among
them. This federalism is symmetrical in that the devolved powers of the
constituent units are envisioned to be the same. Historically, the state of
Jammu and Kashmir was accorded a status different from other States owing to an
explicitly temporary provision of the Indian Constitution namely Article 370
(which was revoked by the Parliament in 2019). Union territories are unitary
type, directly governed by the Union government. Article 1 (1) of the
constitution stipulates two tier-governance with an additional local elected
government. Delhi and Puducherry were accorded legislatures under Article 239AA
and 239A, respectively.
The fundamental rights of citizens are the same throughout
India.
Features
There are two or more levels (tiers) of government.
Each level of government has its own jurisdiction in matters
of legislation, taxation, and administration even though they govern the same
citizens.
Powers and functions of each tier of government are
specified and guaranteed by the Constitution.
The Supreme Court has been given the power to settle
disputes between state governments.
Executive powers
The Union and States have independent executive staffs
controlled by their respective governments. In legislative and administrative
matters, the union government cannot overrule the constitutional rights/powers
of a state government except when presidential rule is declared in a State. The
Union's duty is to ensure that the government of every State is carried on in
accordance with the provisions of the Constitution as per Article 355 and
Article 256. The State governments cannot violate the Central laws in administrative
matters. When a State violates the Constitution, Presidential rule can be
imposed under Article 356 and the President takes over the State’s
administration with ex post facto consent of the Parliament per Article 357.
Financial powers
Article 282 accords financial autonomy in spending financial
resources available to the states for public purpose. Article 293 allows States
to borrow without limit without consent from the Union government. However, the
Union government can insist upon compliance with its loan terms when a state
has outstanding loans charged to the consolidated fund of India or a
federally-guaranteed loan. The President of India constitutes a Finance
Commission every five years to recommend devolution of Union revenues to State
governments. Under Article 360, the President can proclaim a financial
emergency when the financial stability or credit of the nation or of any part
of its territory is threatened. However, no guidelines define "financial
emergency" for the country or a state or union territory or a panchayat or
a municipality or a corporation. An emergency like this must be approved by the
Parliament within two months by a simple majority and has never been declared.
A state of financial emergency remains in force indefinitely until revoked by
the President. The President can reduce the salaries of all government
officials, including judges of the supreme court and high courts, in cases of a
financial emergency. All money bills passed by the state legislatures are
submitted to the President for approval. He can direct the state to observe
economy measures.
Disputes Resolution
States can make agreements among themselves. When a dispute
arises with other states or union territory or the union government, the
Supreme Court adjudicates per Article 131. However, Article 262 excludes
Supreme Court jurisdiction with respect to the adjudication of disputes in the
use, distribution or control of interstate river waters. Under Article 263 the
President can establish an interstate council to coordinate/resolve disputes
between states and the Union. States have their own jurisdiction.
Academic research and
theories
According to Kumarasingham, there are three distinctive
features of India's federalism. First, its origins in Partition and the
Princely States. Second, its constitutional power over the borders. Third, its
early compromise of different cultural elements in the first decade.
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