Page 1
Federalism
13
Chapter 2
Federalism
Overview
In the previous chapter, we noted that vertical division of power among
different levels of government is one of the major forms of power-sharing
in modern democracies. In this chapter, we focus on this form of power-
sharing. It is most commonly referred to as federalism. We begin by
describing federalism in general terms. The rest of the chapter tries to
understand the theory and practice of federalism in India. A discussion
of the federal constitutional provisions is followed by an analysis of the
policies and politics that has strengthened federalism in practice. Towards
the end of the chapter, we turn to the local government, a new and third
tier of Indian federalism.
Chapter 2.indd 13 08-04-2022 12:30:48
2024-25
Page 2
Federalism
13
Chapter 2
Federalism
Overview
In the previous chapter, we noted that vertical division of power among
different levels of government is one of the major forms of power-sharing
in modern democracies. In this chapter, we focus on this form of power-
sharing. It is most commonly referred to as federalism. We begin by
describing federalism in general terms. The rest of the chapter tries to
understand the theory and practice of federalism in India. A discussion
of the federal constitutional provisions is followed by an analysis of the
policies and politics that has strengthened federalism in practice. Towards
the end of the chapter, we turn to the local government, a new and third
tier of Indian federalism.
Chapter 2.indd 13 08-04-2022 12:30:48
2024-25
14
Democratic Politics
What is federalism?
I am confused.
What do we
call the Indian
government? Is it
Union, Federal or
Central?
Though only 25 of the world’s 193 countries have federal political systems, their citizens make up 40 per cent of the
world’s population. Most of the large countries of the world are federations. Can you notice an exception to this rule in
this map?
Source: Montreal and Kingston, Handbook of Federal Countries: 2002, McGill-Queen’s University Press, 2002.
Federal
political systems
Canada
United States
of America
Mexico
PaCiFiC OCean
Micronesia
Argentina
Venezuela
atlanti C
OCean
Brazil
St. Kitts
and Nevis
Belgium
Switzerland
Spain
Nigeria
Ethiopia
Comoros
Bosnia and
Herzegovina
Austria
Pakistan
Russia
India
Malaysia
Australia
indian
OCean
South Africa
PaCiFiC OCean
United
Arab
Emirates
Germany
Let us get back to the contrast
between Belgium and Sri Lanka
that we saw in the last chapter. You
would recall that one of the key
changes made in the Constitution
of Belgium was to reduce the
power of the Central Government
and to give these powers to the
regional governments. Regional
governments existed in Belgium
even earlier. They had their roles
and powers. But all these powers
were given to these governments
and could be withdrawn by the
Central Government. The change
that took place in 1993 was that the
regional governments were given
constitutional powers that were
no longer dependent on the central
government. Thus, Belgium shifted
from a unitary to a federal form of
government. Sri Lanka continues
to be, for all practical purposes, a
unitary system where the national
government has all the powers.
Tamil leaders want Sri Lanka to
become a federal system.
Federalism is a system of
government in which the power is
divided between a central authority
and various constituent units of the
country. Usually, a federation has
two levels of government. One is the
government for the entire country
that is usually responsible for a
few subjects of common national
interest. The others are governments
at the level of provinces or states
that look after much of the day-
to-day administering of their state.
Both these levels of governments
enjoy their power independent of
the other.
Chapter 2.indd 14 08-04-2022 12:30:50
2024-25
Page 3
Federalism
13
Chapter 2
Federalism
Overview
In the previous chapter, we noted that vertical division of power among
different levels of government is one of the major forms of power-sharing
in modern democracies. In this chapter, we focus on this form of power-
sharing. It is most commonly referred to as federalism. We begin by
describing federalism in general terms. The rest of the chapter tries to
understand the theory and practice of federalism in India. A discussion
of the federal constitutional provisions is followed by an analysis of the
policies and politics that has strengthened federalism in practice. Towards
the end of the chapter, we turn to the local government, a new and third
tier of Indian federalism.
Chapter 2.indd 13 08-04-2022 12:30:48
2024-25
14
Democratic Politics
What is federalism?
I am confused.
What do we
call the Indian
government? Is it
Union, Federal or
Central?
Though only 25 of the world’s 193 countries have federal political systems, their citizens make up 40 per cent of the
world’s population. Most of the large countries of the world are federations. Can you notice an exception to this rule in
this map?
Source: Montreal and Kingston, Handbook of Federal Countries: 2002, McGill-Queen’s University Press, 2002.
Federal
political systems
Canada
United States
of America
Mexico
PaCiFiC OCean
Micronesia
Argentina
Venezuela
atlanti C
OCean
Brazil
St. Kitts
and Nevis
Belgium
Switzerland
Spain
Nigeria
Ethiopia
Comoros
Bosnia and
Herzegovina
Austria
Pakistan
Russia
India
Malaysia
Australia
indian
OCean
South Africa
PaCiFiC OCean
United
Arab
Emirates
Germany
Let us get back to the contrast
between Belgium and Sri Lanka
that we saw in the last chapter. You
would recall that one of the key
changes made in the Constitution
of Belgium was to reduce the
power of the Central Government
and to give these powers to the
regional governments. Regional
governments existed in Belgium
even earlier. They had their roles
and powers. But all these powers
were given to these governments
and could be withdrawn by the
Central Government. The change
that took place in 1993 was that the
regional governments were given
constitutional powers that were
no longer dependent on the central
government. Thus, Belgium shifted
from a unitary to a federal form of
government. Sri Lanka continues
to be, for all practical purposes, a
unitary system where the national
government has all the powers.
Tamil leaders want Sri Lanka to
become a federal system.
Federalism is a system of
government in which the power is
divided between a central authority
and various constituent units of the
country. Usually, a federation has
two levels of government. One is the
government for the entire country
that is usually responsible for a
few subjects of common national
interest. The others are governments
at the level of provinces or states
that look after much of the day-
to-day administering of their state.
Both these levels of governments
enjoy their power independent of
the other.
Chapter 2.indd 14 08-04-2022 12:30:50
2024-25
Federalism
15
7 The federal system thus has dual
objectives: to safeguard and promote
unity of the country, while at the
same time accommodate regional
diversity. Therefore, two aspects
are crucial for the institutions and
practice of federalism. Governments
at different levels should agree to
some rules of power-sharing. They
should also trust that each would
abide by its part of the agreement.
An ideal federal system has both
aspects : mutual trust and agreement
to live together.
The exact balance of power
between the central and the state
government varies from one
federation to another. This balance
depends mainly on the historical
context in which the federation was
formed. There are two kinds of routes
through which federations have been
formed. The first route involves
independent States coming together
on their own to form a bigger unit,
so that by pooling sovereignty and
retaining identity, they can increase
their security. This type of ‘coming
together’ federations include the
USA, Switzerland and Australia. In
this first category of federations, all
the constituent States usually have
equal power and are strong vis-à-vis
the federal government.
The second route is where a
large country decides to divide its
power between the constituent
States and the national government.
India, Spain and Belgium are
examples of this kind of ‘holding
together’ federations. In this second
category, the Central Government
tends to be more powerful vis-à-
vis the States. Very often different
constituent units of the federation
have unequal powers. Some units
are granted special powers.
If federalism
works only in
big countries,
why did Belgium
adopt it?
Jurisdiction: The
area over which
someone has legal
authority. The area
may be defined in
terms of geographical
boundaries or in terms
of certain kinds of
subjects.
In this sense, federations are
contrasted with unitary governments.
Under the unitary system, either
there is only one level of government
or the sub-units are subordinate to
the central government. The central
government can pass on orders to the
provincial or the local government.
But in a federal system, the central
government cannot order the state
government to do something. State
government has powers of its own
for which it is not answerable
to the central government. Both
these governments are separately
answerable to the people.
Let us look at some of the key
features of federalism :
1 There are two or more levels (or
tiers) of government.
2 Different tiers of government
govern the same citizens, but
each tier has its own jurisdiction
in specific matters of legislation,
taxation and administration.
3 The jurisdictions of the respective
levels or tiers of government are
specified in the constitution. So the
existence and authority of each tier
of government is constitutionally
guaranteed.
4 The fundamental provisions
of the constitution cannot be
unilaterally changed by one level of
government. Such changes require
the consent of both the levels of
government.
5 Courts have the power to
interpret the constitution and
the powers of different levels of
government. The highest court
acts as an umpire if disputes arise
between different levels of
government in the exercise of their
respective powers.
6 Sources of revenue for each level
of government are clearly specified
to ensure its financial autonomy.
Chapter 2.indd 15 08-04-2022 12:30:50
2024-25
Page 4
Federalism
13
Chapter 2
Federalism
Overview
In the previous chapter, we noted that vertical division of power among
different levels of government is one of the major forms of power-sharing
in modern democracies. In this chapter, we focus on this form of power-
sharing. It is most commonly referred to as federalism. We begin by
describing federalism in general terms. The rest of the chapter tries to
understand the theory and practice of federalism in India. A discussion
of the federal constitutional provisions is followed by an analysis of the
policies and politics that has strengthened federalism in practice. Towards
the end of the chapter, we turn to the local government, a new and third
tier of Indian federalism.
Chapter 2.indd 13 08-04-2022 12:30:48
2024-25
14
Democratic Politics
What is federalism?
I am confused.
What do we
call the Indian
government? Is it
Union, Federal or
Central?
Though only 25 of the world’s 193 countries have federal political systems, their citizens make up 40 per cent of the
world’s population. Most of the large countries of the world are federations. Can you notice an exception to this rule in
this map?
Source: Montreal and Kingston, Handbook of Federal Countries: 2002, McGill-Queen’s University Press, 2002.
Federal
political systems
Canada
United States
of America
Mexico
PaCiFiC OCean
Micronesia
Argentina
Venezuela
atlanti C
OCean
Brazil
St. Kitts
and Nevis
Belgium
Switzerland
Spain
Nigeria
Ethiopia
Comoros
Bosnia and
Herzegovina
Austria
Pakistan
Russia
India
Malaysia
Australia
indian
OCean
South Africa
PaCiFiC OCean
United
Arab
Emirates
Germany
Let us get back to the contrast
between Belgium and Sri Lanka
that we saw in the last chapter. You
would recall that one of the key
changes made in the Constitution
of Belgium was to reduce the
power of the Central Government
and to give these powers to the
regional governments. Regional
governments existed in Belgium
even earlier. They had their roles
and powers. But all these powers
were given to these governments
and could be withdrawn by the
Central Government. The change
that took place in 1993 was that the
regional governments were given
constitutional powers that were
no longer dependent on the central
government. Thus, Belgium shifted
from a unitary to a federal form of
government. Sri Lanka continues
to be, for all practical purposes, a
unitary system where the national
government has all the powers.
Tamil leaders want Sri Lanka to
become a federal system.
Federalism is a system of
government in which the power is
divided between a central authority
and various constituent units of the
country. Usually, a federation has
two levels of government. One is the
government for the entire country
that is usually responsible for a
few subjects of common national
interest. The others are governments
at the level of provinces or states
that look after much of the day-
to-day administering of their state.
Both these levels of governments
enjoy their power independent of
the other.
Chapter 2.indd 14 08-04-2022 12:30:50
2024-25
Federalism
15
7 The federal system thus has dual
objectives: to safeguard and promote
unity of the country, while at the
same time accommodate regional
diversity. Therefore, two aspects
are crucial for the institutions and
practice of federalism. Governments
at different levels should agree to
some rules of power-sharing. They
should also trust that each would
abide by its part of the agreement.
An ideal federal system has both
aspects : mutual trust and agreement
to live together.
The exact balance of power
between the central and the state
government varies from one
federation to another. This balance
depends mainly on the historical
context in which the federation was
formed. There are two kinds of routes
through which federations have been
formed. The first route involves
independent States coming together
on their own to form a bigger unit,
so that by pooling sovereignty and
retaining identity, they can increase
their security. This type of ‘coming
together’ federations include the
USA, Switzerland and Australia. In
this first category of federations, all
the constituent States usually have
equal power and are strong vis-à-vis
the federal government.
The second route is where a
large country decides to divide its
power between the constituent
States and the national government.
India, Spain and Belgium are
examples of this kind of ‘holding
together’ federations. In this second
category, the Central Government
tends to be more powerful vis-à-
vis the States. Very often different
constituent units of the federation
have unequal powers. Some units
are granted special powers.
If federalism
works only in
big countries,
why did Belgium
adopt it?
Jurisdiction: The
area over which
someone has legal
authority. The area
may be defined in
terms of geographical
boundaries or in terms
of certain kinds of
subjects.
In this sense, federations are
contrasted with unitary governments.
Under the unitary system, either
there is only one level of government
or the sub-units are subordinate to
the central government. The central
government can pass on orders to the
provincial or the local government.
But in a federal system, the central
government cannot order the state
government to do something. State
government has powers of its own
for which it is not answerable
to the central government. Both
these governments are separately
answerable to the people.
Let us look at some of the key
features of federalism :
1 There are two or more levels (or
tiers) of government.
2 Different tiers of government
govern the same citizens, but
each tier has its own jurisdiction
in specific matters of legislation,
taxation and administration.
3 The jurisdictions of the respective
levels or tiers of government are
specified in the constitution. So the
existence and authority of each tier
of government is constitutionally
guaranteed.
4 The fundamental provisions
of the constitution cannot be
unilaterally changed by one level of
government. Such changes require
the consent of both the levels of
government.
5 Courts have the power to
interpret the constitution and
the powers of different levels of
government. The highest court
acts as an umpire if disputes arise
between different levels of
government in the exercise of their
respective powers.
6 Sources of revenue for each level
of government are clearly specified
to ensure its financial autonomy.
Chapter 2.indd 15 08-04-2022 12:30:50
2024-25
16
Democratic Politics
Isn’t that
strange? Did
our constitution
makers not
know about
federalism? Or
did they wish
to avoid talking
about it?
Some Nepalese citizens were discussing the proposals on the
adoption of federalism in their new constitution. This is what some of
them said:
Khag Raj: I don’t like federalism. It would lead to reservation of seats for
different caste groups as in India.
Sarita: Ours in not a very big country. We don’t need federalism.
Babu Lal: I am hopeful that the Terai areas will get more autonomy if they get
their own state government.
Ram Ganesh: I like federalism because it will mean that powers that were earlier
enjoyed by the king will now be exercised by our elected representatives.
If you were participating in this conversation, what would be your response to each
of these? Which of these reflect a wrong understanding of what feder alism is?
What makes India a federal country?
We have earlier seen how small
countries like Belgium and Sri Lanka
face so many problems of managing
diversity. What about a vast country
like India, with so many languages,
religions and regions? What are
the power sharing arrangements in
our country?
Let us begin with the Constitution.
India had emerged as an independent
nation after a painful and bloody
partition. Soon after Independence,
several princely states became a part
of the country. The Constitution
declared India as a Union of States.
Although it did not use the word
federation, the Indian Union is based
on the principles of federalism.
Let us go back to the seven
features of federalism mentioned
above. We can see that all these
features apply to the provisions
of the Indian Constitution. The
Constitution originally provided
for a two-tier system of government,
the Union Government or what
we call the Central Government,
representing the Union of India
and the State governments. Later,
a third tier of federalism was added
in the form of Panchayats and
Municipalities. As in any federation,
these different tiers enjoy separate
jurisdiction. The Constitution
clearly provided a three-fold
distribution of legislative powers
between the Union Government
and the State Governments. Thus,
it contains three lists:
? Union List includes subjects
of national importance, such as
defence of the country, foreign
affairs, banking, communications
and currency. They are included
in this list because we need a
uniform policy on these matters
throughout the country. The Union
Government alone can make laws
relating to the subjects mentioned
in the Union List.
? State List contains subjects
of State and local importance,
such as police, trade, commerce,
agriculture and irrigation. The State
Governments alone can make laws
relating to the subjects mentioned
in the State List.
? Concurrent List includes
subjects of common interest to
both the Union Government as
well as the State Governments, such
What makes India a federal country?
Chapter 2.indd 16 08-04-2022 12:30:52
2024-25
Page 5
Federalism
13
Chapter 2
Federalism
Overview
In the previous chapter, we noted that vertical division of power among
different levels of government is one of the major forms of power-sharing
in modern democracies. In this chapter, we focus on this form of power-
sharing. It is most commonly referred to as federalism. We begin by
describing federalism in general terms. The rest of the chapter tries to
understand the theory and practice of federalism in India. A discussion
of the federal constitutional provisions is followed by an analysis of the
policies and politics that has strengthened federalism in practice. Towards
the end of the chapter, we turn to the local government, a new and third
tier of Indian federalism.
Chapter 2.indd 13 08-04-2022 12:30:48
2024-25
14
Democratic Politics
What is federalism?
I am confused.
What do we
call the Indian
government? Is it
Union, Federal or
Central?
Though only 25 of the world’s 193 countries have federal political systems, their citizens make up 40 per cent of the
world’s population. Most of the large countries of the world are federations. Can you notice an exception to this rule in
this map?
Source: Montreal and Kingston, Handbook of Federal Countries: 2002, McGill-Queen’s University Press, 2002.
Federal
political systems
Canada
United States
of America
Mexico
PaCiFiC OCean
Micronesia
Argentina
Venezuela
atlanti C
OCean
Brazil
St. Kitts
and Nevis
Belgium
Switzerland
Spain
Nigeria
Ethiopia
Comoros
Bosnia and
Herzegovina
Austria
Pakistan
Russia
India
Malaysia
Australia
indian
OCean
South Africa
PaCiFiC OCean
United
Arab
Emirates
Germany
Let us get back to the contrast
between Belgium and Sri Lanka
that we saw in the last chapter. You
would recall that one of the key
changes made in the Constitution
of Belgium was to reduce the
power of the Central Government
and to give these powers to the
regional governments. Regional
governments existed in Belgium
even earlier. They had their roles
and powers. But all these powers
were given to these governments
and could be withdrawn by the
Central Government. The change
that took place in 1993 was that the
regional governments were given
constitutional powers that were
no longer dependent on the central
government. Thus, Belgium shifted
from a unitary to a federal form of
government. Sri Lanka continues
to be, for all practical purposes, a
unitary system where the national
government has all the powers.
Tamil leaders want Sri Lanka to
become a federal system.
Federalism is a system of
government in which the power is
divided between a central authority
and various constituent units of the
country. Usually, a federation has
two levels of government. One is the
government for the entire country
that is usually responsible for a
few subjects of common national
interest. The others are governments
at the level of provinces or states
that look after much of the day-
to-day administering of their state.
Both these levels of governments
enjoy their power independent of
the other.
Chapter 2.indd 14 08-04-2022 12:30:50
2024-25
Federalism
15
7 The federal system thus has dual
objectives: to safeguard and promote
unity of the country, while at the
same time accommodate regional
diversity. Therefore, two aspects
are crucial for the institutions and
practice of federalism. Governments
at different levels should agree to
some rules of power-sharing. They
should also trust that each would
abide by its part of the agreement.
An ideal federal system has both
aspects : mutual trust and agreement
to live together.
The exact balance of power
between the central and the state
government varies from one
federation to another. This balance
depends mainly on the historical
context in which the federation was
formed. There are two kinds of routes
through which federations have been
formed. The first route involves
independent States coming together
on their own to form a bigger unit,
so that by pooling sovereignty and
retaining identity, they can increase
their security. This type of ‘coming
together’ federations include the
USA, Switzerland and Australia. In
this first category of federations, all
the constituent States usually have
equal power and are strong vis-à-vis
the federal government.
The second route is where a
large country decides to divide its
power between the constituent
States and the national government.
India, Spain and Belgium are
examples of this kind of ‘holding
together’ federations. In this second
category, the Central Government
tends to be more powerful vis-à-
vis the States. Very often different
constituent units of the federation
have unequal powers. Some units
are granted special powers.
If federalism
works only in
big countries,
why did Belgium
adopt it?
Jurisdiction: The
area over which
someone has legal
authority. The area
may be defined in
terms of geographical
boundaries or in terms
of certain kinds of
subjects.
In this sense, federations are
contrasted with unitary governments.
Under the unitary system, either
there is only one level of government
or the sub-units are subordinate to
the central government. The central
government can pass on orders to the
provincial or the local government.
But in a federal system, the central
government cannot order the state
government to do something. State
government has powers of its own
for which it is not answerable
to the central government. Both
these governments are separately
answerable to the people.
Let us look at some of the key
features of federalism :
1 There are two or more levels (or
tiers) of government.
2 Different tiers of government
govern the same citizens, but
each tier has its own jurisdiction
in specific matters of legislation,
taxation and administration.
3 The jurisdictions of the respective
levels or tiers of government are
specified in the constitution. So the
existence and authority of each tier
of government is constitutionally
guaranteed.
4 The fundamental provisions
of the constitution cannot be
unilaterally changed by one level of
government. Such changes require
the consent of both the levels of
government.
5 Courts have the power to
interpret the constitution and
the powers of different levels of
government. The highest court
acts as an umpire if disputes arise
between different levels of
government in the exercise of their
respective powers.
6 Sources of revenue for each level
of government are clearly specified
to ensure its financial autonomy.
Chapter 2.indd 15 08-04-2022 12:30:50
2024-25
16
Democratic Politics
Isn’t that
strange? Did
our constitution
makers not
know about
federalism? Or
did they wish
to avoid talking
about it?
Some Nepalese citizens were discussing the proposals on the
adoption of federalism in their new constitution. This is what some of
them said:
Khag Raj: I don’t like federalism. It would lead to reservation of seats for
different caste groups as in India.
Sarita: Ours in not a very big country. We don’t need federalism.
Babu Lal: I am hopeful that the Terai areas will get more autonomy if they get
their own state government.
Ram Ganesh: I like federalism because it will mean that powers that were earlier
enjoyed by the king will now be exercised by our elected representatives.
If you were participating in this conversation, what would be your response to each
of these? Which of these reflect a wrong understanding of what feder alism is?
What makes India a federal country?
We have earlier seen how small
countries like Belgium and Sri Lanka
face so many problems of managing
diversity. What about a vast country
like India, with so many languages,
religions and regions? What are
the power sharing arrangements in
our country?
Let us begin with the Constitution.
India had emerged as an independent
nation after a painful and bloody
partition. Soon after Independence,
several princely states became a part
of the country. The Constitution
declared India as a Union of States.
Although it did not use the word
federation, the Indian Union is based
on the principles of federalism.
Let us go back to the seven
features of federalism mentioned
above. We can see that all these
features apply to the provisions
of the Indian Constitution. The
Constitution originally provided
for a two-tier system of government,
the Union Government or what
we call the Central Government,
representing the Union of India
and the State governments. Later,
a third tier of federalism was added
in the form of Panchayats and
Municipalities. As in any federation,
these different tiers enjoy separate
jurisdiction. The Constitution
clearly provided a three-fold
distribution of legislative powers
between the Union Government
and the State Governments. Thus,
it contains three lists:
? Union List includes subjects
of national importance, such as
defence of the country, foreign
affairs, banking, communications
and currency. They are included
in this list because we need a
uniform policy on these matters
throughout the country. The Union
Government alone can make laws
relating to the subjects mentioned
in the Union List.
? State List contains subjects
of State and local importance,
such as police, trade, commerce,
agriculture and irrigation. The State
Governments alone can make laws
relating to the subjects mentioned
in the State List.
? Concurrent List includes
subjects of common interest to
both the Union Government as
well as the State Governments, such
What makes India a federal country?
Chapter 2.indd 16 08-04-2022 12:30:52
2024-25
Federalism
17
as education, forest, trade unions,
marriage, adoption and succession.
Both the Union as well as the State
Governments can make laws on
the subjects mentioned in this list.
If their laws conflict with each
other, the law made by the Union
Government will prevail.
What about subjects that do not
fall in any of the three lists? Or subjects
like computer software that came up
after the constitution was made?
According to our constitution, the
Union Government has the power to
legislate on these ‘residuary’ subjects.
We noted above that most
federations that are formed by
‘holding together’ do not give equal
power to its constituent units. Thus,
all States in the Indian Union do not
have identical powers. Some States
enjoy a special status. States such
as Assam, Nagaland, Arunachal
Pradesh and Mizoram enjoy special
powers under certain provisions of
the Constitution of India (Article
371) due to their peculiar social
and historical circumstances. These
special powers are especially enjoyed
in relation to the protection of
land rights of indigenous peoples,
their culture and also preferential
employment in government services.
Indians who are not permanent
residents of this State cannot buy
land or house here. Similar special
provisions exist for some other States
of India as well.
Listen to one national and one regional news bulletin broadcast by All India
Radio daily for one week. Make a list of news items related to government
policies or decisions by classifying these into the following categories:
? News items that relate only to the Central Government,
? News items that relate only to your or any other State Government,
? News items about the relationship between the Central and State Governments.
There are some units of the
Indian Union which enjoy very little
power. These are areas which are
too small to become an independent
State but which could not be merged
with any of the existing States.
These areas, like Chandigarh, or
Lakshadweep or the capital city of
Delhi, are called Union Territories.
These territories do not have the
powers of a State. The Central
Government has special powers in
running these areas.
This sharing of power between
the Union Government and the State
Governments is basic to the structure
of the Constitution. It is not easy to
make changes to this power sharing
arrangement. The Parliament cannot
on its own change this arrangement.
Any change to it has to be first passed
by both the Houses of Parliament
with at least two-thirds majority.
Then it has to be ratified by the
legislatures of at least half of the
total States.
The judiciary plays an important
role in overseeing the implementation
of constitutional provisions and
procedures. In case of any dispute
about the division of powers, the
High Courts and the Supreme Court
make a decision. The Union and
State Governments have the power
to raise resources by levying taxes in
order to carry on the government
and the responsibilities assigned to
each of them.
If agriculture and
commerce are
state subjects,
why do we have
ministers of
agriculture and
commerce in the
Union cabinet?
Chapter 2.indd 17 08-04-2022 12:30:53
2024-25
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