Federalism "EMPOWER IAS"

Context:

• Between vaccine wars, heated debates over the Goods and Services Tax (GST), fracas over West Bengal’s Chief Secretary, and the pushback against controversial regulations in Lakshadweep, issues related with federalism have come to the fore.

• The opposition has begun to craft an ideological narrative on State rights, by re-introducing the term Union into the public discourse and pushing back against increased fiscal centralisation. 
• This renewed emphasis on federalism presents a genuine opportunity for forging a new politics.

 

The Constitutional Character of Federalism in India

• Dual Government (that is, national government and regional government)

• Written Constitution
• Division of powers between the national and regional government
• Supremacy of the Constitution
• Rigid Constitution
• Independent judiciary
• Bicameral legislature

 

Federalism in India

• A federal government is a system of government that separates the power between central government and state government of the country. 
• It delegates certain responsibilities to each sector so that the central government has its own task to do and state government has its own.
• The constitution of India has not described India as a federation. 
• However, Article 1 of Indian constitution describes India as a ‘’Union of States.’’ This means India is a union comprising of various states which are an integral part of it. 
• Indian Parliament has the power to admit new States (Article 2), create new States, alter their boundaries and their names, and unite or divide the States (Article 3).The states cannot break away from the union. 
• India is not a true federal government because it combines features of a federal government and the features of unitary government which can also be called as a quasi-federal government.
• Federal Features of Indian Constitution
  • Two sets of Government: There are 2 sets of government in India and that is union government and central government.
  • Division of Powers: The 7th schedule of Indian constitution consists of union list, state list, and concurrent list.
  • The respective legislative powers of states and Centre are traceable to Articles 245 to 254.
  • Written Constitution: India has the one of the largest constitution in the world which consist of 395 articles 22 parts and 12 schedules. Every article of Indian constitution is clearly written down and has been discussed in full detail.
  • Supreme judiciary:The Supreme Court of India is regarded as the superior court of the country. The decision of the Supreme Court is binding upon all courts and it has the power to interpret the articles of the constitution.