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Federalism What makes India a Federal Country


Flashback… Federalism is the system of government in which power is divided between a central authority and a country’s various constituent units . Key features of federalism: - 2 or more levels of government - Each tier governs same citizens, but has own jurisdiction - Jurisdiction is specified, and hence constitutionally guaranteed -Any changes in fundamental provisions require consent of both levels of government

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Disputes between levels resolved by highest court -Revenue sources clearly specified for each level -Dual objectives >> SAFEGUARD & PROMOTE UNITY OF COUNTRY >> ACCOMODATE REGIONAL DIVERSITY *********

What makes India a Federal Country? :

We can see from the features of federalism discussed in the previous slides that all of them apply to the provisions of the Indian Constitution. The Indian Government system consists of three tiers: Tier 1 – Union or Central Government Tier 2 – State Governments Tier 3 – Panchayats & Municipalities What makes India a Federal Country?

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As in any federation, these three tiers enjoy separate jurisdiction. The constitution has clearly provided for a three-fold distribution of legislative powers between the Central and State Governments. Thus, it contains three lists: Union List State List Concurrent List

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LIST SUBJECTS INCLUDED JURISDICTION REASON Union List Defense of the country, foreign affairs, banking, communications and currency Only Union Government can make laws on these subjects These are subjects of national importance for which we need a uniform policy. State List Police ,trade, commerce, agriculture and irrigation Only State Government can make laws on these subjects These are subjects of State and local importance. Concurrent List Education, forest, trade unions, marriage, adoption and succession Both Union & State Governments Since these are subjects of common interest, both Governments can make laws related to them. If their laws conflict with each other, the law made by the Union Government will prevail. NOTE: Some subjects that don’t fall in any of these Lists are known as RESIDUARY SUBJECTS . The Union Government alone has the power to legislate on these subjects.

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Most federations that are formed by ‘holding together’ do not give power equal to its constituent units. Thus, some Indian States enjoy special powers. E.g. Jammu and Kashmir has its own constitution. Many provisions of the Indian Constitution are not applicable to it without the approval of the State Assembly. Indians who are not permanent residents of this State cannot buy land or house here. There are areas which were either too small to be recognized as States or could not be merged with existing States and have very less power. They are known as Union Territories . The Union Government has special powers in running these areas.

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The Parliament cannot make changes to the power-sharing arrangement. Any changes have to be first passed by both Houses of Parliament with atleast two-thirds majority. Then it has to be ratified by the legislatures of atleast half of the total States. The judiciary plays an important role in overseeing the implementation of constitutional provisions and procedures. Incase of any conflict about division of powers, the High Courts and Supreme Court make a decision. The Union and State Governments have the power to raise resources by levying taxes to function as governments and carry out the responsibilities assigned to each of them. **********

Conclusion… :

Conclusion… Although the constitution does not use the word use the word ‘federation’, we can conclude that the Indian Union is based on the principles of federalism.

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Federalism Promotes Multiculturalism

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Compiled By: Shaikh Mohammed Harib Godwin Devasir X - I

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