why is it said that Indian union is based on principle of fedralism rather than being a federal state
Answers
Answer:
The Union government has withdrawn the special status conferred on Jammu and Kashmir (J&K) under Article 370 of the Constitution. It has also divided the State into two regions and declared them as Union Territories. Thus, the government has made a significant alteration in the unique form of federalism that it has been practising in respect of the sensitive border State, which has seen war, terrorism and conflict since Independence. Instead, it has put in place an alternative form of federalism in which the two new units will be administered by the Centre.
How is this debate concerned with federalism?
Nations are described as ‘federal’ or ‘unitary’, depending on the way in which governance is organised. In a unitary set-up, the Centre has plenary powers of administration and legislation, with its constituent units having little autonomy. In a federal arrangement, the constituent units are identified on the basis of region or ethnicity, and conferred varying forms of autonomy or some level of administrative and legislative powers. As the current political status of J&K — as two Union Territories — is a form of demotion from the sort of autonomy it enjoyed, it becomes an issue concerning federalism.
Why is India called ‘quasi-federal’?
The Supreme Court has commented on the nature of the Indian Union in several judgments. It has noted that the essence of a ‘federation’ is the existence of the Union of the States, and the distribution of powers between them. In S.R. Bommai vs. Union of India, it notes the commonly invoked model of federalism is the United States, by which it is clear that it is a federation of States. These States were independent and sovereign in their territories, and decided to form a federation. Their territories cannot be altered by the federal government. In India, on the other hand, Parliament has the power to admit new States, create new States, alter their boundaries and their names, and unite or divide the States. In the latest exercise, the unprecedented act of converting a State into a Union Territory has also been performed. The concurrence of States is not needed for the formation and unmaking of States and Union Territories. Further, the court noted the existence of several provisions of the Constitution that allow the Centre to override the powers of the States. In legislation, there is a Concurrent List, unlike in the U.S., which outlines the powers of the federal government, and leaves any matter not mentioned in it as the legislative field for the States. In India, the residuary powers of legislation, that is the power to make law in a field not specified in the Constitution, is vested in Parliament, whereas in the U.S., residuary powers are with the States. Further, in fiscal matters, the power of the States to raise their own resources is limited, and there is a good deal of dependency on the Centre for financial assistance.
Even though the States are sovereign in their prescribed legislative field, and their executive power is co-extensive with their legislative powers, it is clear that “the powers of the States are not coordinate with the Union”. This is why the Constitution is often described as ‘quasi-federal’.
Why is it said that India has asymmetric federalism?
The main forms of administrative units in India are the Centre and the States. But there are other forms, too, all set up to address specific local, historical and geographical contexts. Besides the Centre and the States, the country has Union Territories with a legislature, and Union Territories without a legislature.
When the Constitution came into force, the various States and other administrative units were divided into Parts A, B, C and D. Part A States were the erstwhile provinces, while Part B consisted of erstwhile princely states and principalities. Part C areas were the erstwhile ‘Chief Commissioner’s Provinces’. They became Union Territories, and some of them initially got legislatures and were later upgraded into States. Himachal Pradesh, Manipur, Tripura, Mizoram, Arunachal Pradesh and Goa belong to this category.
Explanation:
Answer:
the constitution of India contains for example preamble, fundamental rights, fundamental duties and directive principals . Directive principals which are powers given to each state or in other words federalism.