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What features make India a Federation? |
Features of Federalism ? There are two or more levels of government. ? Different tiers of government govern the same citizens, but each tier has its own jurisdiction in specific matters of legislation, taxation and administration. ? The existence and authority of each tier of government is constitutionally guaranteed. ? The fundamental provisions of the constitution can be changed only with the mutual consent of both the levels of government. ? Courts have the power of interpreting the constitution and the powers of different levels of government. The highest court acts as an adjudicator of disputes between different levels of government. ? Sources of revenue for each level of government are clearly specified for ensuring smooth functioning and financial autonomy. ? The federal system safeguards and promotes the unity of the country and also accommodates regional diversity. ? Types of Federation ? Coming Together Federations: Independent states come together on their own to form a bigger unit, so that by pooling sovereignty and retaining identity they can increase their security. E.g. The USA, Switzerland and Australia. All the constituent states usually have equal powers vis-?-vis the federal government. ? Holding Together Federations: A large country decides to divide its power between the constituent states and the national government. Very often, different constituent units of the federation have unequal powers. Some units are granted special powers. ? Federalism in India ? India is a ‘holding together’ type of federation in which powers are vested in the state governments that function under the overall supervision of the union government. ? Three Tier System of Government ? Union government ? State governments ?
Local self government in the form of panchayats and municipalities.?
Distribution of Powers between the Union and States: The Constitution of
India provides for the distribution of powers on the basis of three lists. ? Union List includes subjects of national importance such as defence, foreign affairs, banking, communications and currency. The union government alone can make laws relating to the subjects mentioned in the Union List. ? State List includes subjects of state and local importance such as police, trade, commerce, agriculture and irrigation. The state governments alone can make laws relating to the subjects mentioned in the State List. ? Concurrent List includes subjects of common interest to both the union government as well as the state governments, such as education, forest, trade unions, marriage, adoption and succession. Both the union and the state governments can make laws on the subjects mentioned in this list. In case of conflict, the law made by the union government shall have primacy over the state law. ? The union government has the power to make laws for the subjects that are not included in any of the three lists. These are termed as ‘residuary subjects |