briefly describe the challenge posed by the issue of language to the idea of federalism in India
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Federalism in India
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Federalism in India describes the distribution of legal authority across national, state and local governments in India. It is embedded from the Canadian model of federalism.[citation needed]
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The Constitution of India establishes a federal structure to the Indian government, declaring it to be a "Union of States". Part XI of the Indian constitution specifies the distribution of legislative, administrative and executive powers between the union government and the States of India. The legislative powers are categorised under a Union List, a State List and a Concurrent List, representing, respectively, the powers conferred upon the Union government, those conferred upon the State governments and powers shared among them.
This federalism is asymmetric in that the devolved powers of the constituent units are not all the same. Historically, the state of Jammu and Kashmir was accorded a higher degree of autonomy than other States under Article 370 (which was revoked by the union government in 2019). Union territories are unitary type, directly governed by the Union government. Article 1 (1) of the constitution stipulates two tier-governance with an additional local elected government. Delhi and Puducherry were accorded legislatures under Article 239AA and 239A, respectively.
The fundamental rights of citizens vary by state per Article 31 (B), as changes are added to Constitution schedule IX by constitutional amendments.
Features
• There are two or more levels (tiers) of government.
• Each level of government has its own jurisdiction in matters of legislation, taxation and administration even though they govern the same citizens.
• Powers and functions of each tier of government is specified and guaranteed by Constitution.
• The Supreme Court has been given power to settle disputes between state governments.
• Fundamental provisions of Constitution cannot be altered by any one level of government.
Legislative powers
The division of powers are defined by the constitution and the legislative powers are divided into three lists:
Union List
Union List consists of 100 items (earlier 97) on which the parliament has exclusive power to legislate including: defence, armed forces, arms and ammunition, atomic energy, foreign affairs, war and peace, citizenship, extradition, railways, shipping and navigation, airways, posts and telegraphs, telephones, wireless and broadcasting, currency, foreign trade, inter-state trade and commerce, banking, insurance, control of industries, regulation and development of mines, mineral and oil resources, elections, audit of Government accounts, constitution and organisation of the Supreme Court, High courts and union public service commission, income tax, custom duties and export duties, duties of excise, corporation tax, taxes on capital value of assets, estate duty and terminal taxes.
State List
State List consists of 61 items (earlier 66 items). Uniformity is desirable but not essential on items in this list: maintaining law and order, police forces, healthcare, transport, land policies, electricity in the state, village administration, etc. The state legislature has exclusive power to make laws on these subjects. In certain circumstances, the parliament can make laws on subjects mentioned in the State List, but to do so the Rajya Sabha (Council of States) must pass a resolution with a two-thirds majority that it is expedient to legislate in the national interest.
Though states have exclusive powers to legislate with regards to items on the State List, articles 249, 250, 252, and 253 mention situations in which the Union government can legislate.
Concurrent List
Concurrent List consists of 52 (earlier 47) items. Uniformity is desirable but not essential on items in this list. The list mentions: marriage and divorce, transfer of property other than agricultural land