when was re centralisation introduced in india and what are its features
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rvices are appointed and trained by the union and their services are intended for both union and State governments. However, they are under the overall supervision and control of union government which infringes on the federal nature of the polity.
3) Judicial System: The Indian Constitution has established an integrated judicial system with the Supreme Court at its apex and the High Courts of the states in below. This single system of courts enforces both the central as well as state laws. On the contrary, in the US, there is a bifurcation of the judiciary in between the federal and state governments. The federal laws are dealt with by Federal courts and state laws are dealt with by State courts.
4) Election Machinery: The election commission in India conducts elections to both central and state legislatures. The election commission is constituted by the president and the states have no say in this matter. In US, the election conducting machineries are separate for both the federal government and states.
5) Emergency Provisions: During the time of emergencies the Federal apparatus will transform into unitary system without any formal amendment to the constitution. Under constitution of India there are three types of emergencies viz national emergency, constitutional or state and financial emergency. While in normal times the union executive gives directions to the states in specified matters, but during emergencies the power of giving directions extends to all matters and the union exercises legislative powers on the subjects of states. The wisdom of the emergency provisions proved at the times of Chinese aggression in 1962 and Pakistan aggression in 1965 by pooling the strength of the whole nation as one.
6) Unitary bias in normal Times:
a) strong centre:- The division of power is in favour of the centre and highly inequitable from the point of view of federalism. The division of powers mentioned in the seventh schedule contains three lists- the union list consists of 100 subjects, the state list consists of 61 subjects and the concurrent list consists of 52 subjects. The residuary powers are given to the centre. In case of any overlap or conflict between Union list and state list it is the central law which prevails over the state law. The centre is given overriding powers over concurrent list.
b) power to make laws on the subjects in state list:-
The Parliament can make laws on subjects of state list under certain circumstances as follows
1) Under article 249, if the Rajya Sabha passes a resolution with not less than two third majority, authorising the parliament to make laws on any state subject on the ground that it is expedient or necessary in the national interest, then the parliament can legislate over the subject.
2) Under article 253, the Parliament can make laws even on the subjects in the state list to comply with the International agreements to which India is a party.
3) The union government is empowered to issue directions upon the state governments to ensure due compliance with the legislative and administrative action of the union (article 256-257) and to supersede a state government which refuses to comply with such directions (article 365).
c) Financial Powers: Even during normal circumstances, the centre has very effective financial powers. In the 1st place the revenue generating items are under the control of the central government. Secondly, India adopted planning as an instrument for rapid economic progress and development thus resulting in considerable centralisation of economic decision making. The planning commission appointed by the union government controls and supervises the resource management of the states. Besides, the union government uses its discretion to give grants and loans to the states. This concentration of financial powers in the hands of the union causes irritants in the federal relations.
7) Integrated Audit Machinery: The comptroller and Auditor General of India audits th
3) Judicial System: The Indian Constitution has established an integrated judicial system with the Supreme Court at its apex and the High Courts of the states in below. This single system of courts enforces both the central as well as state laws. On the contrary, in the US, there is a bifurcation of the judiciary in between the federal and state governments. The federal laws are dealt with by Federal courts and state laws are dealt with by State courts.
4) Election Machinery: The election commission in India conducts elections to both central and state legislatures. The election commission is constituted by the president and the states have no say in this matter. In US, the election conducting machineries are separate for both the federal government and states.
5) Emergency Provisions: During the time of emergencies the Federal apparatus will transform into unitary system without any formal amendment to the constitution. Under constitution of India there are three types of emergencies viz national emergency, constitutional or state and financial emergency. While in normal times the union executive gives directions to the states in specified matters, but during emergencies the power of giving directions extends to all matters and the union exercises legislative powers on the subjects of states. The wisdom of the emergency provisions proved at the times of Chinese aggression in 1962 and Pakistan aggression in 1965 by pooling the strength of the whole nation as one.
6) Unitary bias in normal Times:
a) strong centre:- The division of power is in favour of the centre and highly inequitable from the point of view of federalism. The division of powers mentioned in the seventh schedule contains three lists- the union list consists of 100 subjects, the state list consists of 61 subjects and the concurrent list consists of 52 subjects. The residuary powers are given to the centre. In case of any overlap or conflict between Union list and state list it is the central law which prevails over the state law. The centre is given overriding powers over concurrent list.
b) power to make laws on the subjects in state list:-
The Parliament can make laws on subjects of state list under certain circumstances as follows
1) Under article 249, if the Rajya Sabha passes a resolution with not less than two third majority, authorising the parliament to make laws on any state subject on the ground that it is expedient or necessary in the national interest, then the parliament can legislate over the subject.
2) Under article 253, the Parliament can make laws even on the subjects in the state list to comply with the International agreements to which India is a party.
3) The union government is empowered to issue directions upon the state governments to ensure due compliance with the legislative and administrative action of the union (article 256-257) and to supersede a state government which refuses to comply with such directions (article 365).
c) Financial Powers: Even during normal circumstances, the centre has very effective financial powers. In the 1st place the revenue generating items are under the control of the central government. Secondly, India adopted planning as an instrument for rapid economic progress and development thus resulting in considerable centralisation of economic decision making. The planning commission appointed by the union government controls and supervises the resource management of the states. Besides, the union government uses its discretion to give grants and loans to the states. This concentration of financial powers in the hands of the union causes irritants in the federal relations.
7) Integrated Audit Machinery: The comptroller and Auditor General of India audits th
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