Compare and contrast the division of powers and responsibilities betwe...
Division of Powers and Responsibilities between the Central Government and State Governments in Indian Federalism
In Indian federalism, the division of powers and responsibilities between the central government and state governments is outlined in the Constitution of India. This division is based on the principle of federalism, which ensures a balance of power between the central and state governments. Here are the key differences between the division of powers and responsibilities:
Legislative Powers:
- Central Government: The central government has the authority to make laws on subjects listed under the Union List. These subjects include defense, foreign affairs, currency, and inter-state trade and commerce.
- State Governments: State governments have the power to make laws on subjects listed under the State List. These subjects include police, public health, agriculture, and local government.
Concurrent Powers:
- Central Government: The central government has the power to make laws on subjects listed under the Concurrent List. These subjects are areas of shared responsibility between the central and state governments. Examples include criminal law, bankruptcy and insolvency, and marriage and divorce.
- State Governments: State governments also have the power to make laws on subjects listed under the Concurrent List. They can exercise this power unless the central government has already enacted a law on the same subject.
Residuary Powers:
- Central Government: The central government has the authority to make laws on subjects that are not specifically mentioned in any of the three lists. These powers are known as residuary powers.
- State Governments: State governments do not have any residuary powers. If a subject is not mentioned in any of the lists, it falls under the jurisdiction of the central government.
Financial Powers:
- Central Government: The central government has the power to levy and collect taxes on subjects listed under the Union List. It is also responsible for distributing financial resources between the center and the states.
- State Governments: State governments have the authority to levy and collect taxes on subjects listed under the State List. They also receive a share of the central taxes as per the recommendations of the Finance Commission.
Administrative Powers:
- Central Government: The central government has administrative control over subjects listed under the Union List. It can establish administrative bodies and institutions to implement laws related to these subjects.
- State Governments: State governments have administrative control over subjects listed under the State List. They can establish administrative bodies and institutions to implement laws related to these subjects.
Emergency Powers:
- Central Government: During times of emergency, the central government can assume additional powers and take over the administration of states.
- State Governments: During an emergency, the state governments may have their powers curtailed or suspended, and the central government takes control.
Overall, while the central government has more powers in areas of national importance, state governments have significant powers to govern and legislate on matters that are more localized. This division of powers and responsibilities ensures a balance between the central and state governments in Indian federalism.
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