What is the different tiers of federalism in India
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Three-Tier system means three levels of government. The Indian Constitution originally provided for a two-tier system of government.
(i) The union government or the central government and
(ii) the state government.
But, later a third-tier of federalism was added in the form of Panchayats [Rural level] and Municipalities [Urban level]. Every level enjoys separate jurisdiction.
(i) The union government or the central government and
(ii) the state government.
But, later a third-tier of federalism was added in the form of Panchayats [Rural level] and Municipalities [Urban level]. Every level enjoys separate jurisdiction.
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Tier Federalism of Indian Constitution
The Indian Constitution fulfils all these conditions. It visualizes two and now of three levels of government after 73rd Amendment each being autonomous in its own sphere of functioning. There is the constitutional distribution of functions between the two levels of government. The Central government has jurisdiction over 97 subjects; strictly speaking, there are 96 subjects, the ninety-seventh being “any other matter not enumerated in List II or List III including any tax not mentioned in either of those Lists”.
This is really the residuary power. The State List includes 66 subjects, which are within the exclusive legislative jurisdiction of the state legislature. Also, there is a Concurrent List consisting of 47 subjects over which both the governments have concurrent jurisdiction subject, of course, to the superiority of the Central government.
The disputes between the Central government and the states are to be decided by the Supreme Court. Nevertheless, the Constitution has created an extraordinarily powerful Central government, Article 249 authorizes Parliament to enact legislation on any subject in the State List, provided the Rajya Sabha by a two-thirds majority empowers it to do so.
Under Article 312, Parliament is empowered to create new all India services common to the Centre and the state, provided the Rajya Sabha passes resolution to this effect by a two-thirds majority. This Article was pressed into service in 1963, when the Central government, acting on the recommendation of the Rajya Sabha, decided to set up three new All India Services – the Indian Forest Service, the Indian Medical and Health Service, and the Indian Service of Engineers. However, only the Indian Forest Service alone could be created.
The state government is placed under an obligation to exercise its executive power so as to ensure compliance with the laws made by the Parliament. Article 257 gives the mandate that the executive power of every state shall be exercised so as not to impede or prejudice the exercise of the executive power of the Union, and the executive power of the Union shall extend to the giving of such directions to a state as may appear to the Government of India to be necessary for that purpose.
Similarly Articles 200 and 201 empower the Governor who is a presidential appointee to reserve a bill passed by the state legislative assembly for the consideration of the President who has the power to veto it without giving any reasons. The powers of the Central government become far-reaching unrestricted in times of emergency.
The Union can virtually function as a unitary state:
(a) when the security of the country is threatened,
(b) when there is failure of the Constitution in a state, or
(c) when there is threat to the financial stability of any state.
An unusual feature of Indian federalism is that there is nothing permanent about the very identity of the states.
Article 3 of the Constitution provides that the Parliament may by law:
(a) Form a new state,
(b) Increase the area of any state,
(c) Diminish the area of any state,
(d) Alter the boundaries of any state
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Tier Federalism of Indian Constitution
The Indian Constitution fulfils all these conditions. It visualizes two and now of three levels of government after 73rd Amendment each being autonomous in its own sphere of functioning. There is the constitutional distribution of functions between the two levels of government. The Central government has jurisdiction over 97 subjects; strictly speaking, there are 96 subjects, the ninety-seventh being “any other matter not enumerated in List II or List III including any tax not mentioned in either of those Lists”.
This is really the residuary power. The State List includes 66 subjects, which are within the exclusive legislative jurisdiction of the state legislature. Also, there is a Concurrent List consisting of 47 subjects over which both the governments have concurrent jurisdiction subject, of course, to the superiority of the Central government.
The disputes between the Central government and the states are to be decided by the Supreme Court. Nevertheless, the Constitution has created an extraordinarily powerful Central government, Article 249 authorizes Parliament to enact legislation on any subject in the State List, provided the Rajya Sabha by a two-thirds majority empowers it to do so.
Under Article 312, Parliament is empowered to create new all India services common to the Centre and the state, provided the Rajya Sabha passes resolution to this effect by a two-thirds majority. This Article was pressed into service in 1963, when the Central government, acting on the recommendation of the Rajya Sabha, decided to set up three new All India Services – the Indian Forest Service, the Indian Medical and Health Service, and the Indian Service of Engineers. However, only the Indian Forest Service alone could be created.
The state government is placed under an obligation to exercise its executive power so as to ensure compliance with the laws made by the Parliament. Article 257 gives the mandate that the executive power of every state shall be exercised so as not to impede or prejudice the exercise of the executive power of the Union, and the executive power of the Union shall extend to the giving of such directions to a state as may appear to the Government of India to be necessary for that purpose.
Similarly Articles 200 and 201 empower the Governor who is a presidential appointee to reserve a bill passed by the state legislative assembly for the consideration of the President who has the power to veto it without giving any reasons. The powers of the Central government become far-reaching unrestricted in times of emergency.
The Union can virtually function as a unitary state:
(a) when the security of the country is threatened,
(b) when there is failure of the Constitution in a state, or
(c) when there is threat to the financial stability of any state.
An unusual feature of Indian federalism is that there is nothing permanent about the very identity of the states.
Article 3 of the Constitution provides that the Parliament may by law:
(a) Form a new state,
(b) Increase the area of any state,
(c) Diminish the area of any state,
(d) Alter the boundaries of any state
HOPE THIS HELPS YOU.
PLEASE MARK ME AS BRAINLIST
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