mention three Federal and one Federal features of Indian Federation
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1. India is a Dual Polity:
The Constitution makes a distribution of powers between the Union and the States, the jurisdiction of each being demarcated by the Union, State and Concurrent lists. The governments, in normal circumstances, function without interference from each other. Their fields of activities are distinct, defined and exhaustive. A state legislature can pass laws “for the whole or any part of the State,” with respect to matters expressively assigned to it in State List which contains 66 items.
Parliament may pass laws for the whole or any part of the territory of India, with respect to matters in Union List within its jurisdiction and power. It may, however, be pointed out that 97 specific items and one general clause were provided in the Union List. Forty seven items were provided in the Concurrent List. Laws with respect to concurrent subjects may be passed both by the Parliament and the State Legislature.
2. Supremacy and Rigidity of the Constitution:
Supremacy of the Constitution—the hallmark of a federation—is an important feature of the Indian polity. The provisions of the Constitution are binding on all the governments—the Central and the states. Neither the Central government, nor any state government can override or contravene them. Neither of the governments can alter the distribution of powers, as done in the Constitution. The Constitution can be amended only through a regular amendment procedure which is quite cumbersome.
The supremacy of the Constitution also involves its written and rigid character. The Indian Constitution is the most elaborate and comprehensive document. Most of its clauses and articles are not easily amendable. It may not be as rigid as U.S. Constitution, but cannot be termed as flexible either.
3. Independent Judiciary:
Another pre-requisite of a federation, viz., and presence of independent judiciary— as a savior of the Constitution—also is present in the Indian Federation. The Supreme Court is an independent and impartial body to whom the States can turn for an impartial interpretation of the Constitution and get their position vindicated. “To this extent our Constitution is more federal than that of Switzerland or Russia?” 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.
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The Constitution makes a distribution of powers between the Union and the States, the jurisdiction of each being demarcated by the Union, State and Concurrent lists. The governments, in normal circumstances, function without interference from each other. Their fields of activities are distinct, defined and exhaustive. A state legislature can pass laws “for the whole or any part of the State,” with respect to matters expressively assigned to it in State List which contains 66 items.
Parliament may pass laws for the whole or any part of the territory of India, with respect to matters in Union List within its jurisdiction and power. It may, however, be pointed out that 97 specific items and one general clause were provided in the Union List. Forty seven items were provided in the Concurrent List. Laws with respect to concurrent subjects may be passed both by the Parliament and the State Legislature.
2. Supremacy and Rigidity of the Constitution:
Supremacy of the Constitution—the hallmark of a federation—is an important feature of the Indian polity. The provisions of the Constitution are binding on all the governments—the Central and the states. Neither the Central government, nor any state government can override or contravene them. Neither of the governments can alter the distribution of powers, as done in the Constitution. The Constitution can be amended only through a regular amendment procedure which is quite cumbersome.
The supremacy of the Constitution also involves its written and rigid character. The Indian Constitution is the most elaborate and comprehensive document. Most of its clauses and articles are not easily amendable. It may not be as rigid as U.S. Constitution, but cannot be termed as flexible either.
3. Independent Judiciary:
Another pre-requisite of a federation, viz., and presence of independent judiciary— as a savior of the Constitution—also is present in the Indian Federation. The Supreme Court is an independent and impartial body to whom the States can turn for an impartial interpretation of the Constitution and get their position vindicated. “To this extent our Constitution is more federal than that of Switzerland or Russia?” 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.
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FEDERALISM is practiced in India by, The creation of Linguistic States was the first and a major test for democratic politics in our country. In 1947, the boundaries of several old States were changed in order to create new States. This was done to ensure that people who spoke the same language lived in the same State.
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