All questions of Federal System for BPSC (Bihar) Exam

The usual features of a federation, viz., two government, division of powers, written Constitution, the supremacy of Constitution, the rigidity of Constitution, independent judiciary and bicameralism.

Having 3 tiers of governance is NOT necessary as the question wrongly assumes it to be.

Pakistan and Brazil practice federalism.

While each state in India enjoys autonomy in exercising powers on certain issues, subjects of national concern require that all of these states follow the laws of the central government. 

• The Constitution contains lists that detail the issues that each tier of government can make laws on. 
•  Besides, the Constitution also specifies where each tier of government can get the money from for the work that it does. So, 1 is wrong. 
• Under federalism, the states are not merely agents of the federal government but draw their authority from the Constitution as well. All persons in India are governed by laws and policies made by each of these levels of government.

US model is based on powerful states. USSR was based on an authoritarian centre. Canada is a federal country with a Union bias, the same as India.

Contempt of Courts:

Contempt of court is the offense of being disobedient to or disrespectful towards a court of law and its officers. It is an act of disrespect, disregard, or disobedience towards a court of law that may obstruct the administration of justice.

Statements:

1. Correct: This statement defines what Contempt of Court is.

2. Correct: Criminal contempt means publication of any matter that scandalizes or lowers the authority of any court. This statement is also correct.

3. Correct: The Constitution of India does not mention anything about Contempt of Courts. It is mentioned in the Contempt of Courts Act of 1971. Hence, this statement is also correct.

Therefore, the correct answer is option B, i.e., 1 and 2.

Fiscal Federalism in India

Fiscal federalism refers to the distribution of financial powers between the Centre and the States. In India, the practice of fiscal federalism is enshrined in the Constitution and involves several components.

Distribution of Financial Powers

The Constitution of India divides the financial powers between the Centre and the States through the Union List, State List, and Concurrent List. The Union List contains subjects on which only the Centre can legislate and collect taxes, while the State List contains subjects on which only the States can legislate and collect taxes. The Concurrent List contains subjects on which both the Centre and the States can legislate, but the Centre has the power to override the State laws in case of a conflict.

Setting up of Finance Commission

The Finance Commission is set up every five years to recommend the distribution of the central pool of taxes between the Centre and the States. The Commission also recommends measures to improve the finances of the States and grants-in-aid to the States based on their needs.

Devolution of Central Pool to States

The devolution of the central pool of taxes to the States is based on the recommendations of the Finance Commission. The devolution is done through the Finance Commission Grants, which are provided to the States to meet their revenue deficits and developmental needs.

Conclusion

In India, fiscal federalism is an important aspect of the federal structure of governance. It ensures that the financial powers are distributed between the Centre and the States in a manner that promotes cooperative federalism and ensures the overall development of the country.

Factors Justifying a Strong Central Government in India
In the context of India’s federal structure, certain factors underscore the need for a strong central government, while others do not. Let's analyze the provided options:
1. Balanced Regional Development
- A strong central government is essential for ensuring equitable development across various states and regions. It can implement policies that promote balanced growth, reducing disparities between developed and underdeveloped areas.
2. Territorial Integrity of India
- The central government plays a pivotal role in maintaining India’s territorial integrity. Given the diversity and complexity of regional identities, a strong central authority helps prevent secessionist tendencies and promotes national unity.
3. Growing Financial Needs of States
- This factor does not necessarily justify a strong central government. While states may have increasing financial requirements, it does not imply that a central authority should exert more control. Instead, it can signify the need for enhanced state autonomy in financial matters to address local needs effectively.
4. Decentralization of Administrative Powers
- This factor also contradicts the justification for a strong central government. Decentralization aims to empower local governments and enhance participatory governance. A strong central government might hinder this process by centralizing decision-making, which is contrary to the principles of federalism.
Conclusion
The correct answer is option 'C' (3 and 4) because the growing financial needs of states and the decentralization of administrative powers do not support the argument for a stronger central government. Instead, they advocate for more autonomy and local governance, aligning with the principles of federalism in India.

The idea of cooperative federalism suggests that both the general government and regional governments are coordinate and independent bodies. This concept is based on the belief that the central government and regional governments should work together to address the needs of the people and uphold the principles of federalism. Cooperative federalism promotes a system where power is shared between the central government and regional governments, allowing them to work in collaboration and partnership.

Cooperation and Coordination:
In cooperative federalism, the general government and regional governments cooperate and coordinate their efforts to address various issues faced by the country. This means that instead of the central government being completely dependent on regional governments or regional governments being subordinated to the central government, both entities work together as equal partners. They share responsibilities, resources, and decision-making powers to ensure effective governance and address the diverse needs of the people.

Power-sharing:
Cooperative federalism emphasizes the importance of power-sharing between the central government and regional governments. It recognizes that different regions may have unique needs and priorities, and therefore, regional governments should have the power to make decisions and policies that are best suited for their specific contexts. At the same time, the central government retains certain powers and responsibilities that are necessary for the overall functioning of the country.

Mutual Independence:
While cooperative federalism promotes cooperation and coordination between different levels of government, it also recognizes the importance of mutual independence. This means that both the general government and regional governments have their own respective spheres of authority and can operate independently within those areas. They have the autonomy to make decisions and implement policies without interference from other levels of government, as long as they do not violate the principles and laws established by the constitution.

Benefits of Cooperative Federalism:
1. Efficient Governance: Cooperative federalism allows for the efficient allocation of resources and responsibilities between the central government and regional governments. This can lead to better governance and faster decision-making processes.

2. Enhanced Representation: By involving regional governments in decision-making processes, cooperative federalism ensures that the diverse needs and interests of different regions are taken into account. This helps in enhancing democratic representation and inclusivity.

3. Flexibility: Cooperative federalism allows for flexibility and adaptability in governance. Regional governments can tailor policies and programs to suit the specific needs of their regions, while the central government provides a framework for coordination and collaboration.

4. Strengthened Unity: By working together and sharing responsibilities, cooperative federalism strengthens the unity and integrity of the country. It promotes a sense of collaboration and shared purpose among different levels of government, fostering a stronger nation.

In conclusion, the idea of cooperative federalism suggests that the central government and regional governments should work as equal partners, sharing responsibilities and resources, and making decisions in a coordinated manner. This approach promotes efficient governance, enhances democratic representation, and strengthens the unity of the country.

Understanding Federalism in India
Federalism in India is a system that divides powers between the central government and the state governments. The question assesses which statements uphold this principle.
Key Points Supporting Federalism
- Constitutional Amendments and State Assembly Ratification
- Statement 1 highlights that any constitutional change affecting state powers requires ratification by a majority of state assemblies.
- This provision ensures that states have a voice in significant amendments, thereby safeguarding their autonomy and reinforcing the federal structure.
- The Role of the Judiciary
- Statement 2 emphasizes the judiciary's role in interpreting and overseeing the implementation of constitutional provisions.
- The judiciary acts as a guardian of the Constitution, ensuring that federal principles are maintained and resolving disputes between the Centre and the states.
Union Territories Administration
- Centre's Administration of Union Territories
- Statement 3 pertains to the Centre administering Union Territories (UTs), which do not have the same federal status as states.
- While this reflects a different governance structure, it does not directly uphold the principle of federalism since UTs are centrally controlled and do not possess the autonomy that states do.
Conclusion
Given these points, only statements 1 and 2 directly support the principle of federalism in India. Therefore, the correct answer is option 'A', as it includes the essential elements that ensure the federal framework is respected and upheld in the Indian polity.

Analysis of the Statements
To determine the correctness of the statements regarding the Indian Constitution and its various aspects, let's evaluate each one:
1. Flexibility of the Indian Constitution
- The Indian Constitution is known for its adaptability. However, it is not entirely flexible.
- It has provisions that can be amended easily (like ordinary laws), while others require a more stringent process (like the procedure for amending fundamental rights).
- Therefore, this statement is incorrect.
2. Emergency Powers of the Centre
- During a national emergency, the Centre does have increased powers, allowing it to legislate on subjects in the State List.
- This can lead to a greater control over states, as the Centre can assume more authority.
- Thus, this statement is correct.
3. Role of the Election Commission of India
- The Election Commission of India (ECI) is responsible not just for conducting elections at the central level, but also for state assembly elections and local body elections.
- This makes the statement incorrect as it underplays the ECI's broader role.
Conclusion
Given the evaluations:
- Statement 1: Incorrect
- Statement 2: Correct
- Statement 3: Incorrect
Thus, the only correct statement is 2. Therefore, the correct answer is option 'B'.

Correctly Matched Pairs:
1. Article 368 - Centralized amendment power
- This pair is correctly matched as Article 368 of the Indian Constitution confers the power to amend the Constitution solely on the Parliament, thereby establishing a centralized amendment power.
2. Single Citizenship - All citizens are Indian citizens regardless of state
- The concept of single citizenship in India means that all citizens of the country are considered Indian citizens, irrespective of the state they belong to. This pair is correctly matched.
3. Supreme Court - Apex court in the integrated judiciary system
- The Supreme Court of India is indeed the apex court in the integrated judiciary system of the country. It is the highest judicial body that ensures uniformity and consistency in the interpretation and application of laws. Hence, this pair is correctly matched.

Incorrectly Matched Pair:
4. Governor's Office - Created by the Union Government
- This pair is not correctly matched. The Governor's office in each state is not created by the Union Government but is a constitutional office established under the Indian Constitution. The Governor is appointed by the President of India and acts as the ceremonial head of the state.
Therefore, out of the given pairs, three pairs are correctly matched, while one pair is incorrectly matched.

I feel the options are wrong. India can't be called Federal State. I guess its Quasi Federal with an Unitary Tilt