Syllabus Federal system: Center-State Relations- Issues and Challenges pertaining to the Federal Structure; Resolution of Inter-State disputes with reference to Water Disputes Challenges of Implementation.
Number of questions- Mains: 02, Prelims – 10
Mains Questions of the day-
Q1. How the Constitution of India promotes the Legislative federalism between the Centre and the state relations?
Answer: –
Introduction: –
Define the Legislative federalism
Body: –
- Mention those articles and schedules that promote the Legislative Federalism in the Centre and the state relations.
Conclusion: –
- There are some important recommendations on the Centre-State relations made by the administrative reforms commission, Sarkaria Commission and Punnchi Commission for smooth functioning of the administration and promotion of federalism.
- When there is a conflict between the Union and State list then the rule of harmonious construction needs to be adopted.
- Maximum harmony and coordination between the Centre and state is essential for the effective operation of the federal system.
Content: –
- The Constitution of India divides all powers under legislative, executive and financial between the Centre and the states. The division of legislative powers between the Centre and states is called the Legislative federalism.
- Centre-state relations can be better understood under Legislative relations: –
There are four aspects in the Centre-state legislative relations:
- Territorial extent of central and state legislation
- Distribution of legislative subjects
- Parliamentary legislation in the state field
- Centre’s control over state legislation
Territorial extent of Central and state legislation: –
- Parliament can make law for the whole or any part of the territory of India.
- State legislature can make laws for the whole or any part of the state.
- Parliament can alone make ‘extra-territorial’ legislation
- Instances when laws made by the Parliament are not applicable:
- President can make regulations which has a same effect as that of the law made by parliament for- Andaman and Nicobar Islands, Daman and Diu, Dadra and Nagar Haveli and Lakshadweep
- Governor is empowered to direct that an act of parliament does not apply to a scheduled area in the state or apply with specified modifications and exceptions
- Governor of Assam can likewise direct that an ac of Parliament does not apply or apply with some modification. The same power is vested in President in relation to Meghalaya, Tripura and Mizoram
Distribution of Legislative subjects: –
- Constitution provides for three-fold classification- union list, state list and concurrent list.
- Parliament has exclusive powers under the union list.
- State legislature has exclusive powers to make laws in the state list.
- Both state and Centre can make laws in the concurrent list.
- Power to make laws with residuary subject is vested in the Parliament
- In case of conflict between central law and state law on a subject in the concurrent list, the central law prevails over the state law.
Parliamentary legislation in state field: –
Constitution empowers the Parliament to make laws in the state list under the following five extraordinary circumstances:
- If Rajya Sabha passes a resolution supported by a 2/3rd members present and voting empowering parliament to make a law in the state list in the interest of the country. However, state can make a law on the same subject, but if there is an inconsistency between state and union law, the latter prevails
- When a proclamation of National emergency.
- When states make a request for Parliament by passing a resolution to that effect.
- Parliament can enact laws so as to enforce international agreements.
- Parliament becomes empowered during the time of operation of President’s rule.
Centre’s control over state legislation: –
Constitution has empowered the Centre to control over the state’s legislative matters in the following ways:
- Governor can reserve certain types of bills passed by state legislature for the consideration of the president. The president enjoys absolute veto over them.
- Bills on certain matters enumerated in the state list can be introduced in the state legislature only with prior recommendation of the President.
- During a financial emergency, president can call upon a state to reserve money bills and other financial bills for his consideration.
Q2. While the Central and State Governments both derive their authority from the Constitution, the Indian Constitution provides for a federal system with a unitary bias. Explain.
Ans:
Introduction: –
- In the Unitary System Central Government holds all the power, but in a federal system the power is divided between the national and the regional governments.
Body: –
- Describe the federal and unitary features of Indian Constitution.
- Examine how the Centre government is more powerful than States.
Conclusion: –
- The Sarkaria Commission emphasized co-operative federalism in India.
- It is a fact that India has a strong Central Government.
- Both the governments should respect each other’s powers and authority and work harmoniously.
Content: –
- India is a federal country. But the word “Federation” is not mentioned in the Constitution. Indian Constitution has unitary features too.
Federal features of Indian Constitution: –
Division of Powers, Written Constitution, Independence of judiciary, Bi-cameral legislature.
Unitary or Non-Federal Features: –Single Constitution, Centre’s control over States, Rajya Sabha does not represent the State’s equality, Existence of States depends on the Centre, Single Citizenship, Unified judiciary, Proclamation of National Emergency.
Following provisions prove though India Constitution is Federal in nature but it is more titled towards the Unitary System: –
- In legislative matters, the Union Parliament is very powerful. It has not only exclusive control over the Union list and the residuary powers, but it has also dominance over the Concurrent list and the State list. This is important for uniformity of laws in the country.
- In administrative matters also, the Central government has been made more powerful than the States. The State governments have to work under the supervision and control of the Central government. The States should exercise its executive powers in accordance with the laws made by the Parliament. It can control the State governments by directing them to take necessary steps for proper running of administration. If the State fails to work properly or according to the Constitution, it can impose the President’s rule there under Article 356 and take over its (the State’s) administration.
- In Financial matters, the President of India has the power to make alterations in the distribution of revenues earned from income-tax between the Centre and the States. The Centre has also the powers to grant loans and grant-in-aid to the State governments. The Comptroller and Auditor General of India and the Finance Commission of India which are the central agencies also have control over the State finances.
Prelims of the day: –
Q1. Which of the following is the feature of Unitary System of the Government?
- Dual Government polity
- Division of powers between various levels
- Rigidity of Constitution
- Single citizenship
Answer 😀
Explanation: –
Unitary or Non-Federal Features:
Single Constitution: There are no separate Constitutions for the States. In a true federation, there are separate Constitutions for the Union and the States.
Centre’s control over States: The States have to respect the laws made by the Central Government and cannot make any law on matters on which there is already a Central law.
Rajya Sabha does not represent the States equality: In a true federation, the upper house of the legislature has equal representation from the constituting units or the States.
Existence of States depends on the Centre: The boundary of a State can be changed by created out of the existing States.
Single citizenship: In a true federal state, citizens are given dual citizenship. In India however, the citizens enjoy single citizenship, i.e., Indian citizenship or citizenship of the country as a whole.
Unified judiciary: India has a unified or integrated judicial system. The Supreme Court is the highest court of justice in the country and all other subordinate courts are under it.
Proclamation of Emergency: When Emergency is declared, the Union or Central governments become all powerful and the State governments come under the total control of it. The State governments lose their autonomy.
Q2. Which of the following is the feature of Federal System?
- Single citizenship
- Unified judiciary
- Rigidity of the Constitution
- Proclamation of emergency
Answer: -C
Explanation:
Features of the Federal System of India
- Dual Government polity
- Division of powers between various levels
- Rigidity of Constitution
- Independence judiciary
- Dual citizenship
- Bicameralism
Q3. Which of the following represents the Cooperative Fiscal Federalism?
- Surcharge
- Cess
- GST compensation
- Finance commission
Answer: -C
Explanation: –
FISCAL FEDERALISM
Higher Share of Cess and surcharge:
Cess and surcharge imposed and collected by the Centre do not form part of the Central Divisible pool of taxes. They are not distributable among the States and hence continue to remain with the Centre. Over a period of time, the Centre has been imposing a large number of surcharge and Cess to mobilise revenue.
GST compensation: States agreed to give up the power to impose indirect taxes and adopt GST on the basis of a guaranteed 14 per cent growth in GST revenues per annum. The Centre committed to pay the states for the shortfall in their GST revenue through the imposition of GST Compensation. This GST compensation represents fiscal federalism.
Q4. National Investment Fund comes under which of the following fund of the Government?
- Consolidated fund
- Contingency fund
- Public Accounts of India
- Controller General of Accounts
Answer: -C
Explanation: –
Public Accounts of India: –
This is constituted under Article 266(2) of the Constitution.
All other public money (other than those covered under the Consolidated Fund of India) received by or on behalf of the Indian Government is credited to this account/fund.
This is made up of:
- Bank savings account of the various ministries/departments
- National small savings fund, defense fund
- National Investment Fund (money earned from disinvestment)
- National Calamity & Contingency Fund (NCCF) (for Disaster Management)
- Provident fund, Postal insurance, etc.
Similar funds
The Government does not need permission to take advances from this account.
Each state can have its own similar accounts.
The audit of all the expenditure from the Public Account of India is taken up by the CAG
Q5. Direct and indirect taxes are taken by the Indian Government comes under which of the following fund of the Government?
- Consolidated Fund of India
- Contingency Fund of India
- Public Accounts of India
- Controller General of Accounts
Answer: -A
Explanation: –
Consolidated Fund of India: –
- This fund is filled by: Direct and indirect taxes are taken by the Indian government
- The Government meets all its expenditure from this fund.
- The Government needs parliamentary approval to withdraw money from this fund.
- The provision for this fund is given in Article 266(1) of the Constitution of India.
- Each state can have its own Consolidated Fund of the state with similar provisions.
- The Comptroller and Auditor General of India audits these funds and reports to the relevant legislatures on their management.
Q6. Which of the following fund is used for meeting the unexpected or unforeseen expenditure of India?
- Consolidated fund
- Contingency fund
- Public Accounts of India
- Controller General of Accounts
Answer: -B
Explanation: –
Contingency Fund of India: –
- Provision for this fund is made in Article 267(1) of the Constitution of India.
- Its corpus is Rs. 500 crores. It is in the nature of a Fund (money maintained for a specific purpose).
- The Secretary of Finance Ministry holds this fund on behalf of the President of India.
- This fund is used to meet unexpected or unforeseen expenditure.
- Each state can have its own contingency fund established under Article 267(2)
Q7. Which of the following is not a feature of Representative Parliamentary Democracy?
- Universal adult Franchise
- Rule of law
- Periodic elections
- Right to Recall
Answer: – D
Explanation: –
- Democracy is a Government of the people, by the people, and for the people.
- Democracy divided into two types — Direct and Indirect or representative
- In direct democracy, the people exercise their supreme powers directly. Ex Switzerland
- They are four devices of direct democracy, namely, Referendum, Initiative (petition signed by a certain minimum number of registered voters can force a Government to choose to either enact a law or hold a public vote in parliament), Recall, Plebiscite (the direct vote of all the members of an electorate on an important public question, for example changes in the Constitution). Hence statement D is correct Answer.
- Representative Democracy, in which citizens elect officials to make political decisions, formulates laws, for the public good. The Indian Constitution provides for the representative democracy. Universal adult franchise, periodic elections, rule of law, independence of judiciary, and absence of discrimination on certain grounds are the manifestations of the democratic character of the Indian polity.
Q8. Who Described the Constitution of India as a Quasi federal?
- Paul Appleby
- Granville Austin
- K C Wheare
- Morris Jones
Answer: -C
Explanation: –
Besides the federal features, the Indian Constitution also possesses the unitary or non-federal features, tilting the balance of power in favour of the Centre. This has prompted the Constitutional experts to challenge the federal character of the Indian Constitution. Thus, K C Wheare described the Constitution of India as a Quasi federal.
Q9. Which of the following cases, Prime Minister of India cannot participate in voting on No Confidence Motion?
- He is the member of Lok Sabha
- He is the member of Rajya Sabha
- He has less majority in Rajya Sabha
- He is forbidden by the Speaker
Answer: -B
Explanation: –
- Motion of No-confidence is one of different types of motions in Indian Parliament. The Constitution of India does not mention either a Confidence or a No Confidence Motion although Article 75 of the Indian Constitution says that “Council of Ministers shall be collectively responsible to the Lok Sabha”.
- Under rule 198 of Lok Sabha, a motion of “No Confidence Motion” against the Government can be introduced only in the Lok Sabha. It is the council of ministers stays in office as long as it enjoys the confidence of the majority of the members of Lok Sabha.
- Rajya Sabha cannot pass the No Confidence motion. Being a permanent house and not the directly elected one by the people of this country, the Rajya Sabha does not have this power. If the Prime Minister is a Rajya Sabha member, he cannot participate in a vote of no confidence motion. Hence statement B is the correct Answer.
Q10. Which of the following fund needs the Parliamentary approval to withdraw?
- Consolidated Fund India
- Contingency Fund of India
- Public Accounts of India
- Controller General of Accounts
Answer: -A
Explanation:
Consolidated Fund of India: –
- The Government meets all its expenditure from this fund.
- The Government needs parliamentary approval to withdraw money from this fund.
- The provision for this fund is given in Article 266(1) of the Constitution of India.
- Each state can have its own Consolidated Fund of the state with similar provisions.
- The Comptroller and Auditor General of India audits these funds and reports to the relevant legislatures on their management.