Question 1:
What is Federalism? Discuss the key features of a federal system.
Answer:
Federalism is a system of governance where two levels of government, i.e., the central government and the state governments, share power and responsibilities. In this system, each level has its own jurisdiction and autonomy in certain areas. Key features of federalism include:
- Two levels of government: In a federal system, the power is divided between the central (or national) government and state (or provincial) governments.
- Written Constitution: A federal system typically has a written constitution that clearly defines the powers and responsibilities of each level of government.
- Division of Powers: The powers are divided between the central and state governments through lists—Union List, State List, and Concurrent List (in India’s case).
- Supremacy of the Constitution: The constitution is the supreme law, and any law that contradicts it is invalid.
- Independent Judiciary: The judiciary interprets the constitution and resolves disputes between the two levels of government.
- Bicameral Legislature: In some federal systems, there is a bicameral legislature with representation from both the states and the center (like in the Indian Parliament with the Rajya Sabha and Lok Sabha).
Question 2:
What are the differences between a Federal and a Unitary system of government?
Answer:
The differences between federal and unitary systems are as follows:
- Division of Power:
- Federal System: Power is shared between central and state governments.
- Unitary System: The central government holds all the power, and states or provinces, if any, exist at its discretion.
- Autonomy:
- Federal System: States have autonomy and can make their own laws in certain areas.
- Unitary System: Sub-national units (states) have limited or no power and must follow the central government’s laws.
- Constitutional Status:
- Federal System: A federal system is established through a written constitution, which divides powers.
- Unitary System: There is often no clear division of powers; it’s a matter of convention or law.
- Flexibility:
- Federal System: Amendments to the constitution are required to change the power-sharing arrangement.
- Unitary System: The central government can change the powers of sub-national units without major constitutional changes.
Question 3:
Explain the federal structure of the Indian Constitution.
Answer:
The Indian Constitution establishes a quasi-federal structure. It includes features of both federalism and unitarism. Some of the key aspects include:
- Division of Powers: The Constitution divides powers between the Union and the states through three lists:
- Union List: Subjects on which only the central government can legislate.
- State List: Subjects on which only the state governments can legislate.
- Concurrent List: Subjects on which both central and state governments can legislate, but in case of conflict, central law prevails.
- Single Constitution: India has a single Constitution that governs both the Union and the States.
- Supremacy of the Union: The Union government has more powers, and the states’ autonomy is limited. The central government can dissolve state legislatures, and it can use Article 356 to impose President’s Rule in a state.
- Independent Judiciary: The judiciary is independent and can resolve disputes between the Union and states, ensuring that the division of powers is maintained.
Question 4:
What is the significance of the ‘Residuary Powers’ in the Indian federal structure?
Answer:
The concept of residuary powers refers to the powers that are not specifically mentioned in the Constitution under the Union List, State List, or Concurrent List. These powers belong to the Union government. In the Indian federal structure:
- Article 248 of the Indian Constitution grants the Union Parliament the authority to legislate on matters not enumerated in any of the three lists. This is significant because it allows the central government to deal with new and unforeseen issues that may arise over time.
- This provision ensures that the Union government can take necessary action in cases where the Constitution has not anticipated a particular issue.
- The Union’s control over residuary powers highlights the centralized nature of India’s federal system, which leans towards the strength of the central government.
Question 5:
Discuss the role of the Supreme Court in the Indian federal system.
Answer:
The Supreme Court of India plays a crucial role in interpreting the Constitution and ensuring the smooth functioning of India’s federal system. The key roles include:
- Dispute Resolution: The Supreme Court resolves disputes between the Union and the states or between states themselves over the division of powers and jurisdiction.
- Judicial Review: The Court has the power to review laws passed by both central and state legislatures to ensure they conform to the Constitution.
- Guardians of the Constitution: It ensures that the Constitution is not violated by either the Union or the states and protects the federal structure.
- Interpretation of Federal Provisions: The Court plays an important role in interpreting federal provisions, such as those concerning the distribution of legislative powers between the Union and the states.
Question 6:
What are the challenges faced by federalism in India?
Answer:
India’s federalism faces several challenges, including:
- Centralization of Power: The central government has significant control over the states, particularly through emergency powers, financial control, and the use of Article 356 (President’s Rule), which undermines the autonomy of states.
- Language and Cultural Diversity: The linguistic and cultural diversity in India often creates tensions between different states, with some seeking more autonomy.
- Inter-State Disputes: Disputes over water sharing, borders, and natural resources often lead to tensions between states, requiring central intervention.
- Imbalance in Financial Resources: States with fewer resources often struggle to implement welfare programs and maintain infrastructure, leading to calls for a more equitable distribution of financial resources.
- Political Pressure: Political considerations often influence federal decisions, with some states feeling neglected or marginalized in national policymaking.
Question 7:
How does the Constitution of India provide for the protection of the rights of states?
Answer:
The Indian Constitution contains several provisions to protect the rights of states:
- Article 1: Defines the Union of India as a federation of states, thereby recognizing the states as integral parts of the federation.
- Article 256-258: Provides for the distribution of powers between the Union and states through the Union, State, and Concurrent Lists.
- Article 253: Ensures that Parliament has the power to legislate for states in international matters.
- Article 356: Though it allows the imposition of President’s Rule in states, it can only be done under exceptional circumstances, ensuring that states retain autonomy in normal circumstances.
- Article 32: Allows states to challenge the constitutionality of central laws that infringe upon their rights.
Question 8:
Explain the significance of the ‘Residuary Powers’ in India’s federal structure.
Answer:
The Residuary Powers are the powers that are not specifically mentioned in any of the three lists (Union, State, or Concurrent) in the Indian Constitution. These powers are vested in the Union government. Its significance lies in:
- Flexibility: It allows the central government to legislate on matters not foreseen by the framers of the Constitution, adapting to new challenges and situations.
- Centralization: The vesting of residuary powers in the Union government reinforces the centralized nature of India’s federal system.
- Essential for Governance: The residuary powers enable the central government to address emerging issues that require national attention, especially in a rapidly changing world.
Question 9:
What is the role of the Union Territories in India’s federal system?
Answer:
Union Territories (UTs) are regions that are directly governed by the central government, rather than by state governments. Their role in India’s federal system includes:
- No Full Autonomy: Unlike states, Union Territories do not have the same autonomy and are under the direct control of the central government.
- Administration: The President of India administers Union Territories, and some may have Legislative Assemblies (like Delhi or Puducherry), while others are directly governed by the central government.
- Special Status: Some UTs, such as Jammu and Kashmir (until 2019), had special statuses due to historical or political reasons, though this has changed with recent reforms.
Question 10:
Explain the concept of ‘Dual Citizenship’ in the context of federalism.
Answer:
In a federal system, dual citizenship means that individuals are subject to two levels of government—national and state. In the case of India, it does not allow for dual citizenship. Indian citizens hold a single citizenship, which is Indian Citizenship. The concept can be explained as:
- National Citizenship: All citizens of India are subject to the laws of the central government, regardless of which state they reside in.
- State Identity: Although there is no dual citizenship in India, individuals in different states may have distinct cultural, linguistic, or regional identities.
Question 11:
What are the three lists that define the distribution of powers between the Union and the States in India?
Answer:
The Constitution of India divides powers between the Union and the States through three lists:
- Union List: This list contains subjects on which only the central government can legislate. It includes matters such as defense, foreign affairs, and atomic energy.
- State List: This list contains subjects on which only state governments can legislate. It includes areas like police, public health, and agriculture.
- Concurrent List: This list contains subjects on which both the Union and state governments can legislate. In case of a conflict, the central government’s law prevails. It includes areas like criminal law and marriage.
Question 12:
Discuss the importance of Fiscal Federalism in India.
Answer:
Fiscal Federalism refers to the financial relations between the central and state governments. In India, it is important because:
- Revenue Distribution: The Constitution provides for a distribution of revenues between the Union and the States through various mechanisms such as the Finance Commission.
- Grants and Assistance: The central government provides financial assistance and grants-in-aid to states, especially to less developed ones.
- Taxes and Borrowing: While both the Union and states have the power to levy taxes, the Union has more fiscal powers. States often rely on the center for financial resources, which may affect their autonomy.
Question 13:
What is the role of the Finance Commission in India’s federal structure?
Answer:
The Finance Commission is an important body in India’s federal structure that makes recommendations regarding the distribution of financial resources between the Union and the States. Its role includes:
- Revenue Sharing: It determines the share of states in the central taxes and duties.
- Grants to States: It recommends grants-in-aid to states in need of financial assistance.
- Fiscal Responsibility: It suggests ways to improve fiscal discipline and ensure financial stability.
Question 14:
Explain the role of Inter-State Council in India’s federal system.
Answer:
The Inter-State Council (ISC) is a constitutional body designed to promote coordination and resolve disputes between states and the central government. Its roles include:
- Dispute Resolution: It acts as a platform for resolving inter-state disputes on matters of common interest.
- Advisory Role: It advises the central government on policies that affect states, fostering cooperative federalism.
- Improvement in Relations: The ISC helps in improving relations between states and the Union by facilitating dialogue.
Question 15:
What is meant by the concept of ‘Cooperative Federalism’ in India?
Answer:
Cooperative Federalism refers to a system where the Union and state governments work together to achieve common goals, rather than acting in opposition. In India, this is reflected in:
- Collaborative Efforts: Both levels of government collaborate on policy-making, administration, and implementation of programs.
- Inter-Governmental Bodies: Institutions like the Inter-State Council and National Development Council promote cooperative federalism.
- Shared Responsibility: Both the Union and the States share responsibility in areas such as education, health, and economic development.
Question 16:
What is the role of the Rajya Sabha in India’s federal system?
Answer:
The Rajya Sabha (Council of States) plays a significant role in India’s federal system by representing the states in the central legislature. Its role includes:
- Representation of States: Each state is represented in the Rajya Sabha, ensuring that state interests are voiced at the national level.
- Legislative Power: While the Lok Sabha (Lower House) is more powerful, the Rajya Sabha has significant powers, especially in matters like legislation affecting federal interests.
Question 17:
What is the significance of Article 356 in India’s federal structure?
Answer:
Article 356 of the Indian Constitution, also known as President’s Rule, allows the central government to assume control of a state government if the President believes the state cannot be governed according to the provisions of the Constitution. Its significance lies in:
- Central Control: It provides the Union with a mechanism to intervene in states facing political instability or failure in governance.
- Threat to Federalism: While it is an important provision, it can be seen as undermining the autonomy of states, leading to concerns about centralization.
Question 18:
What are the key challenges in the relationship between the Union and States in India’s federal structure?
Answer:
The key challenges include:
- Overcentralization: The Union’s dominance in areas like finance and emergency powers leads to the undermining of states’ autonomy.
- Political Factors: Differences in political alignments between the Union and state governments sometimes lead to tensions.
- Economic Disparities: The unequal distribution of resources between states often leads to dissatisfaction among less-developed states.
Question 19:
What are the key provisions in the Indian Constitution that ensure the federal structure is maintained?
Answer:
Key provisions include:
- Article 1: Defines the Union of India as a federation of states.
- Articles 245 to 255: Detail the division of powers between the Union and States.
- Article 368: Provides the procedure for amending the Constitution, but amendments affecting the federal structure require the consent of states.
Question 20:
How does federalism in India address diversity in the country?
Answer:
India’s federalism addresses diversity by:
- Autonomy to States: States are empowered to legislate on matters of regional and cultural importance, such as language, culture, and education.
- Protecting Regional Identity: Federal arrangements allow for the protection and promotion of diverse cultural identities within a unified India.
- Special Provisions for Certain States: The Constitution provides special provisions for certain states, such as Jammu & Kashmir (prior to its reorganization) and North Eastern states, to accommodate their unique needs.
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