WHAT MAKES INDIA A FEDERAL COUNTRY?
HISTORY—India has emerged as an independent nation after bloody partition .
After independence princely states became part of the country.
The constitution declared India as union of states, it was based on the principles of federalism.
The constitution originally provided two-tier system of govt.—the union or central govt.,representing the union of India and the state govt.
Third tier of federalism was added in the form of Panchayat and Municipalities- These tiers enjoy separate jurisdictions and constitutions provided three fold distribution of Legislative power between the union government and the state government in the form of three lists.
UNION LIST:a) Has subjects of national importance.
b)Subjects--Defence, Foreign affairs, Banking, Communication and Currency.
c)They are included because we need a uniform policy on these throughout the country.
d)Union govt. can alone make laws on this list.
STATE LIST:a) Contains subjects of state and local importance.
b)Subjects- Police,Trade, Commerce, Agriculture and Irrigation.
c)State govt. can alone make laws on the list.
CONCURRENT LIST:Include subjects of common interests to both union govt. and state govt.
--contains subjects as education , forests, trade unions, marriage, adoption and sucession.
--both union as well as state govt.s can make laws in it.
--but in case of conflict the lae made by the union govt. prevails.
RESIDUARY SUBJECTS:Subjects which do not fall in any of these three lists.
--new subjects like computer software that came up after constitution.
--according to the our constitution the union govt. has the power to legislate on these residuary subjects.
HOW HAS POWER BEEN DIVIDED IN THE INDIAN FEDRATION?
Our constitution has not given equal power to the contituent units.Thus all states in the Indian union do not have identical powers.
1.--some states enjoy special status--J&K has its own constitution; many provisions of the Indian constitution are not applicable to this state with the approval of state Assembly.
--Indians who are not permanent residents of this state can not buy a house or land here.
2.Ther are some states which enjoy very little power.
--these are the areas which are too small to become an independent states but could not be merged with any of the existing states.
--Theseareas are like chandighar, or Lakshadweep or the capital city of Delhi, are called Unoin Territories.
--these territories do not have the powers of state.
--the central govt. has special powers in running these states.
QHow can we change the power sharing arrangement?
A. Power sharing of the govt. between union & state govt. is basic to the structure of constitution.It is not easy to make changes in the power sharing arrangement.
--Parliament can not on its own change this arrangement.Any change has to be first passed by both houses of parliament with at least two-third majority.Then it is to be ratified by the lagislatures of at least half of the total states.
--IN CASE OF DISPUTES--JUDICIARY, plays an important role in overseeing the implementation if the constitutional provisions& procedures.
--in case of any dispute about the division of power, High courts &Supreme court makes a decision.
SOURCE OF INCOME--the union &the state govts. have the power to raise resources by levying taxes in order to carry on the govt. & the resposibilities assignedto each of them.