Write a brief note on Indian Federalism.
India has a federal system of governance that has emerged from the
ancient, mediaeval, and colonial past. It thus has its roots in the federal
structure long before the adoption of the Constitution in 1950.
Federal
features of the Indian Constitution:
1. Binary Government
India has a dual government polity, which has both central government
and state government operating in a parliamentary democracy. The union
government works at the centre, and the state governments operate at a regional
level. While the central government implements laws made by the parliament,
state governments have the autonomy to make laws and policies tailored to their
specific needs and circumstances.
2. Division of Powers
The Seventh Schedule of the Constitution delineates the powers and
responsibilities of the central government and the state government through the
following comprehensive three lists: -
Union List
The Seventh Schedule includes a list of subjects that are under the
exclusive jurisdiction of the central legislature, known as the union list. It
has a total of 97 subjects. For example - defence, foreign affairs, banking,
and railways.
State List
It includes the subjects that are responsibilities of the state
legislatures. It consists of a total of 66 subjects. For example, public
health, election to State legislative assemblies, agriculture, and local
governance.
Concurrent List
The concurrent list consists of subjects on which both the central and
state governments have jurisdiction. It has a total of 47 subjects. For example
- forests, wild animals, marriage, and adoption.
3. Written Constitution
India has one of the largest constitutions in the world, which consists
of 448 articles, 25 parts and 12 schedules. The Constitution must be written
without vagueness to clearly establish a distinction between the states and
central powers.
4. Bicameral-legislation
In India, the legislature is bicameral. It has two houses, Lok Sabha and
Rajya Sabha. The upper house of the parliament, which represents the states is
the Rajya Sabha, and the lower house of the parliament, which represents the
people in general, is Lok Sabha.
5. Rigidity with Flexibility
The Constitution contains some relatively rigid provisions while giving the leeway to amendment by a special majority under Article 368. It makes the provisions flexible in rigidity.
Indian federalism is significant for several reasons:
Accommodation of diversity: Federalism in India allows for the accommodation
of diversity by giving autonomy to states to govern their own affairs and
address their unique needs and concerns.
Effective governance: A robust federal structure needs to be in place
to deliver effective governance and to ensure that the diverse needs and
interests of the states are represented in the decision-making process.
Promotion of democracy: Federalism promotes democracy by ensuring that
power is decentralized and shared between different levels of government. This
allows for greater participation and representation of citizens in the
decision-making process.
Protection of rights: Federalism allows for more robust protection of
individual and minority rights as state governments are better able to address
the specific needs and concerns of their diverse populations and can tailor
policies and legislation accordingly.
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