C) Discuss the characteristics of Indian federal system.
Answers
A federation has well established dual government viz. the federal government and the State governments. The existence of co-ordinate authorities independent of each other is the foundation of the Federal Principle. A Constitution which embodies a federal system is said to possess the following five characteristics :-
1. Distribution of Power
(a) between the Central govt. and the State govts.
2. Supremacy of the Constitution
(a) this means that the Constitution should be binding on the federal and State govts.
(b) neither of the two govts. should be in a position to override the provisions of the Constitution relating to the powers and status which each is to enjoy.
3. Written Constitution
(a) it will be practically impossible to maintain the supremacy of the Constitution, unless the terms of the Constitution have been reduced into writing.
4. Rigidity
(a) it does not mean that Constitution is unamendable or not subject to change.
(b) it simply means that the power of amending the provisions of the Constitution should not be confined exclusively either to the Federal or the State govt. but must be a joint act of both.
5. Independent and impartial authority of Courts
(a) there must be the courts of law to maintain division of powers between federal govt and state govts.
(b) the court of law are vested with power to declare laws made by the Federal or State govt, ultra vires on the ground of excess of power.
(c) constitute a Supreme Court armed with the final authority to interpret the Constitution
Explanation:
☆ There are two or more levels (or tiers) of government.
☆ Different tiers of government govern the same citizens, but each tier has its own jurisdiction in specific matters of legislation, taxation and administration.
☆ The jurisdictions of the respective levels or tiers of government are specified in the constitution.
☆ 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.
☆ Courts have the power to interpret the constitution and the powers of different levels of government.
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