Institutions as norms, rules and modes of political transaction 3. A model for institutional change 3.
In other sense it is the existence of two chambers of Govt. It is the existence of dual government. Federalism constitutes a complex governmental mechanism for the governance of a country. It seeks to draw a balance between the power in the Centre and those of number of units.
A federal Constitution envisages a demarcation of governmental functions and powers between the Centre and the regions by the sanction of the Constitution, which is a written document.
The framers of the Indian Constitution attempted to avoid the difficulties faced by the federal Constitutions of U. A, Canada and Australia and incorporate certain unique features in the working of the Indian Constitution. Thus, our Constitution contains certain novel provisions suited to the Indian conditions.
The doubt which emerges about the federal nature of the Indian Constitution is the powers of intervention in the affairs of the states given to the Central Government by the Constitution. According to Wheare, in practice the Constitution of India is quasi-federal in nature and not strictly federal.
Sir Ivor Jennings was of the view that India has a federation with a strong centralizing policy. In the words of D. Basu The Constitution of India is neither purely federal nor unitary, but is a combination of both.
It is a union or a composite of a novel type. The Indian Constitution is not only regarded as Federal or Unitary in the strict sense of the terms.
It is often defined to be quasi-federal in nature also. Throughout the Constitution, emphasis is laid on the fact that India is a single united nation. India is described as a Union of States and is constituted into a sovereign, secular, socialist, democratic republic.
It should be remembered that the aforementioned provisions in the Constitution are aimed at establishing a working balance between the requirements of national unity and autonomy of the States.
Dr Ambedkar, one of the architects of the Indian Constitution, rightly prophesied: In devising the pattern of the Centre State relations they were influenced by the Constitutions of Canada and Australia which have a Parliamentary form of government and America which has a Presidential form of government.
The Government of India Act, was also relied upon with significant changes. The Constitution, thus postulated India as a Union of States and consequently, the existence of federal structure of governance for this Union of States becomes a basic structure of the Union of India. The Drafting Committee wanted to make it clear that though India was to be a federation, the federation was not a result of an agreement by the States to join in the federation and that the federation not being the result of an agreement no state has a right to secede from it.
Though the country and the people may be divided into different states for convenience of administration the whole country is one integral whole, its people a single people living under a single imperium derived from a single source. Federal Features of the Constitution of India.
In case of a conflict between the two legislatures over a matter in the Concurrent list, the will of the Parliament prevails. The supremacy of the Constitution- the hallmark of a federation- is an important feature of the Indian polity.
Neither the Central government nor the State Governments can override or contravene the provisions of the Constitution. Another pre-requisite of a federation, namely, an independent judiciary — an interpreter and guardian of the Constitution — is also present in the Indian Federation.
The Supreme Court can declare any law passed by the Union Parliament or a State legislature ultra vires if it contravenes any of the provisions of the Constitution. Written and rigid character of Indian Constitution,existence of bicameral legislature in the Parliament etc… are other federal features of Indian Constitution.
Non-Federal features of the Constitution of India As opposed to this is the opinion of some scholars who regard the Indian Constitution to be unitary in nature. It has been argued that the Indian Constitution does not satisfy certain essential tests of federalism, namely- the right of the units to make their own Constitution and provision of double citizenship.
Even regarding the Concurrent list,Parliament enjoys an overriding authority over the State Legislatures. Article empowers the Union Parliament to make laws implementing any treaty, agreement or convention with another country or any decision made at any international conference, association, or other body.Federalism is a basic feature of the Constitution as held by the Supreme Court in S.R - Federalism in India introduction.
Bommai vs. Union of India () case. Bommai vs. Union of India () case. It tested for the first time the presidential notification under Article on the touchstone of the basic structure doctrine. Indian Federalism: How does the policy of liberalization affect centre-state economic relations - Jochen Gottwald - Term Paper (Advanced seminar) - Politics - International Politics - Region: South Asia - Publish your bachelor's or master's thesis, dissertation, term paper or essay.
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Thus, India became a federal polity with the Constitution of India.
Federalism is a system of governance in which the powers to legislate is in two levels as Central and subordinate levels. Features of Federalism. Federalism in India has a strong bias towards the Union Government. Unfortunately impressed by the strong unitary features of the Indian constitution.
|Nirvikar Singh and Govinda Rao||Essay on Federalism in India Article shared by The Indian political system like federal experiments in many other parts of the world has passed through its various phases of federal polity from its quasi-federal character to a stage of co-operation and the competition in its centre-state relation and then to a stage of extreme centralization.|
K.C. Where soon after its enforcement remarked. India is a Unitary State with subsidiary unitary principle. In his description of the Indian Republic as a quasi-federal state the emphasis was on the pronounced unitary bias of . THE IMPACT OF FEDERALISM ON THE INFLOW OF FOREIGN DIRECT INVESTMENT A Thesis presented to the Faculty of the Graduate School at the University of Missouri-Columbia Figure 2: FDI into India 23 Figure 3: Tsline 25 Figure 4: Distribution of the Dependent Variable