Saturday, May 26, 2012

INDIAN FEDERAL SYSTEM

** Social diversities & vast size of the country – FEDERAL system with STRONG CENTRE…not a result of any treaty/ agreement amongst the states…states don’t enjoy the right to secede from FEDERATON..coz it was not result of their consent
** Article 1 – declares India to be a UNION OF STATES
**QUASI FEDERAL – basically a unitary state having nominal federal characteristics …less federal n more unitary
***Neither pure federal nor pure unitary …federal system …the national interest is supreme..Federal in structure but unitary in spirit
**strong  centre  and  weak  state 


FEDERAL FEATURES
UNITARY FEATURES

SUPREMACY   OF CONSTITUTION
*USA : Judicial Supremacy
*UK: Parliamentary  Supremacy
*INDIA : CONSTITUTIONAL Supremacy
DIVISION OF POWER
*In the favor of centre
*residuary power are left with centre
SINGLE CONSTITUTION
*For both centre n states
* USA- separate consti. For state n centre
SEPARATE GOVT. IN CNETRE AND STATE
*Separate govt. u/n provision of constitution
*state derive their authority n power not from central govt but directly from constitution
SINGLE CITIZENSHIP
*USA – provision for double citizenship i.e.  one of the union n other for states
*INDIA – principle of single citizenship    
DIVISION OF POWER
*Union List – 97 Nat’l & Int’l imp
Constitution duznt allow state govt to legislate
*state list – 66 local imp
Union govt to legislate upon matters
*Concurrent list – 47 both central n state
Union govt prevail upon state laws in case of conflict
INTEGRATED JUDICIAL SYSTEM
*USA – one for states  & another for Union
* INDIA- SC at apex ,HC at middle n subordinate courts at lower level
HC- not separate or II to SC , but below n subordinate to SC   
SUPREME AND INDEPENDENT JUDICIARY
*Judicial power is not distributed in India
POWER TO THE UNION GOVT. TO CHANGE BOUNDRIES N NAMES OF STATUS
*USA – “indestructible Union of  indestructible states” – neither the states can secede from union nor the union can change the boundaries n territories of the states
*INDIA-  “indestructible Union of  destructible states” – Union govt can change the territories of the states
COUNCIL OD STATES AS REPRESENTIVE  HOUSE OF PEOPLE
*Upper House- Rajya  Sabha- representation of diff states…differs in terms of popln
CONSTITUTION AMANEDMENT PROCEDURE ART. 368
*Without the approval of states amendment will not come into force
*state govt – don’t initiate amendments
POWER OF THE UNION GOVT. TO APPOINT GOVERNOR IN THE STATES
*Head of provincial govt- appointed by Union govt. holds office during pleasure of Prez.
*to impose Prez’s rule thru Governor

FINANCIAL DEPENDENCE OF THE STATES ON THE UNION GOVT
*various kinds of grants on the recommendations  by FIN Comm  appointed by Prez
UNEVEN REPRESENTATION OF THE STATES IN THE COUNCIL OF STATES
*USA – equal representation of the states
* INDIA – states are not given equal representation in the Rajya  Sabha
POWER OF PREZ TO GIVE ASSENT TO THE  BILLS PASSED BY STATE LEGISLATUR ES
*prez can withhold the assent
UNITARY STRUCTURE DURING EMERGENCY
*Union govt exercises legislative n executive power  of states

CONSTITUTION AMENDING POWER LIES WITH PARLIAMENT
*Approval of states iz needed..only in certain provision of consti.
* majority of provision ..even effecting the states ..can be amended by  Parli.  only

POWER OF CENTRE TO RESOLVE DISPUTE AMONG THE STATES
*Union govt as the coordinating body for the states