Which of the following statements is/are correct regarding Indian Fed...
The correct answer is 2 only.
Key-Points - Federalism can be formed by way of integration (US) or disintegration (Canada).
- Indian federalism resembles “CANADIAN MODEL”.
- Article 1 describes India as a UNION of states.
- It is not a result of an agreement between states, and states have no right to secede from the federation.
- It’s an Indestructible union of destructible states.
- KC Where described it as “Quasi federalism.”
- Granville Austin called it “Cooperative federalism” (need for national integrity and unity).
- Morris Jones defined it as 'Bargaining Federalism.’
- 'Federalism with Centralizing tendency' by Ivor Jenning.
- India is a holding together type of Federation in which some States have more power than others. Hence statement 2 is correct.
- The central government has more power than the state government.
- Parliament has the power to make changes in the territory and the name of states under articles 1 to 4 of the Indian Constitution.
- Article 1 describes India that is Bharat as a union of the state rather than a Federation of the state as India is a holding together type of Federation rather than coming together type of Federation like the USA. Hence, Statement 1 is incorrect.
- In case of collision of decisions in terms of the concurrent list under schedule 7, the union decision-making power prevails over the State Power.
- The residuary power is vested upon the Union government.
- Unitary bias (dominance of center in financial powers, central grants, Niti Aayog).
Important Points - In SR Bommai case, SC characterized “Federalism” as part of “Basic structure.”
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Which of the following statements is/are correct regarding Indian Fed...
Statement 1: The word federalism is mentioned in Article 1 of the Indian Constitution.
Statement 2: India is a holding together type of federalism.
Explanation:
Statement 1: The word federalism is mentioned in Article 1 of the Indian Constitution.
- This statement is incorrect. The word "federalism" is not explicitly mentioned in Article 1 of the Indian Constitution. Article 1 deals with the name and territory of India.
Statement 2: India is a holding together type of federalism.
- This statement is correct. India can be considered as a holding together type of federalism.
- In a holding together type of federalism, power is held by the central government and is distributed to the regional governments. This type of federalism is seen in countries where the regions voluntarily join together to form a federation.
- In India, the states voluntarily joined the Union and the Constitution provides for a federal structure where power is shared between the central government and the state governments.
Features of Indian Federalism:
1. Division of Powers:
- The Indian Constitution establishes a division of powers between the central government and the state governments.
- The Union List, State List, and Concurrent List clearly define the subjects on which the central and state governments have the power to make laws.
2. Supremacy of the Constitution:
- The Indian Constitution is the supreme law of the land and both the central and state governments are bound by it.
- In case of any conflict between the central and state laws, the Constitution prevails.
3. Independent Judiciary:
- The Indian Constitution establishes an independent judiciary that acts as the guardian of the Constitution and resolves disputes between the central and state governments.
4. Residual Powers:
- Unlike some federal countries where the residual powers rest with the central government, in India, residual powers are given to the states.
- This means that any power not specifically mentioned in the Union List or the Concurrent List is within the jurisdiction of the states.
5. Asymmetrical Features:
- Indian federalism also has asymmetrical features where certain states have been provided with special provisions and autonomy.
- For example, Jammu and Kashmir had its own separate constitution until it was revoked in 2019.
In conclusion, the correct statement is:
- India is a holding together type of federalism (Statement 2).
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