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.

Federalism is a system of government in which the power is divided between a central authority and various constituent units of the country.

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.

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.

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.

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

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.

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.

Explanation:

Statement Analysis:
- Statement-I: Representation in the upper house of India is not based on the population of states. Each state is given equal representation in the Rajya Sabha, with 29 states and 2 union territories represented through 245 members.
- Statement-II: In an ideal federal system, each state should have equal representation in the upper house to ensure that all states have an equal voice in the legislative process.

Correct Answer and Explanation:
- The correct answer is option 'C', which states that Statement-I is correct, but Statement-II is incorrect. This is because while Statement-I accurately describes the current system in India, where representation in the Rajya Sabha is not based on population, Statement-II presents an ideal scenario that is not necessarily followed in all federal systems.
- In many federal systems, such as the United States, the upper house (Senate) provides equal representation to each state, regardless of population. However, in India, the Rajya Sabha follows a different model where each state is given a specific number of seats, irrespective of population size.
- Therefore, while equal representation in the upper house may be ideal in some federal systems, it is not the case in India's Rajya Sabha, making Statement-II incorrect in this context.

Understanding "Holding Together Federation"
In a "Holding Together Federation," the distribution of powers is primarily skewed in favor of the central authority. This type of federation often emerges in diverse nations where multiple states or regions seek to maintain unity while retaining some level of autonomy.
Key Characteristics of a "Holding Together Federation":
- Central Authority Dominance:
- The central government wields significant power over key policy areas, often regulating matters like defense, foreign affairs, and economic policy.
- Distribution of Powers:
- While states have some powers, they are not on equal footing with the central government. The central authority can often override state decisions, ensuring national cohesion.
- Diverse Autonomy:
- States may possess a degree of self-governance, but this autonomy is granted and can be modified by the central government, reflecting a hierarchical structure.
- Conflict Resolution:
- The central government typically plays a crucial role in mediating disputes between states, further emphasizing its dominant position.
Examples of Holding Together Federations:
- India:
- India represents a "Holding Together Federation" where the central government has considerable powers, including legislative and financial authority over the states.
- Spain:
- Spain's structure allows regional autonomy but maintains strong control by the national government, especially in matters affecting the entire nation.
Conclusion:
In summary, a "Holding Together Federation" is characterized by a central government that holds predominant authority, ensuring a unified national framework while allowing for regional diversity. This model is particularly suited for countries with varying cultural, linguistic, or regional identities, aiming to balance unity and autonomy.

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.