Indian Federal System- Indian Constitution Notes
India's Center state relations
The term federation is derived from Latin word Foedus, which means Agreement/Treaty. So, Federation Government is Government by agreement The term Federation is not mentioned in the constitution of India. Instead of Federation word, under Article 1 says India i e., Bharath shall be union of states However India is Federal since it satisfies and qualifies all basic feature of Federation First Federal Government in the world is America(USA), for this reason it is known as classical/model federation. Even in USA constitution, the word "Federation" doesn't existBasic features of federation
a) Division of power b) Dual Government c) testosterone enanthate pills for sale Written and rigid constitution d) Bicameralism at union level e) There must be independent, impartial and supreme judiciary f) Supremacy of constitution India satisfies and qualifies all above mention features of Federation. But India do have some anti- Federal featuresAnti Federal feature
a) Single constitution expect for Jammu and Kashmir b) Single Citizenship c) Appointed governor d) All India services- Like IAS, IPS works under state government but can't be removed by state government. e) Emergence Powers f) Unequal representation in Rajya Sabha g) Residuary powers has been assigned to center Note: In USA- Residuary powers given to states. In India, Resudary powers were given to centerCenter State Relation Part XI and XII | Article 245 to 300
Article 245 to 300 deals with center state relations. They are 3 types of relations a) Part XI: Article 245 to Article 255 Deals with legislative relations b) Part XI: Article 256 to Article 263 Deals with administrative relations c) Part XII: Article 246 to Article 300 Deals with financial relationsLegislative Relations in Indian constitution
PART XI: Article 245 to Article 255 Legislative relations implies, the subject matters on which the parliament and state legislature can makes a laws Article 245 of Indian constitution: Extent of laws made by Parliament and by the legislature of states This Article deals with extends/scope of law made by parliament or state legislature The law made by state legislature is applicable to territorial jurisdiction of the state. The law made by parliament applicable not only in India but also applicable to Indians living in aboard This power of parliament is known as Extra territorial legislation Ex: Sarala Mudgal Case Article 246 of Indian constitution: Subject- matter of laws made by parliament and by the legislatures of states This article deals with division of powers between center and state There is 3 fold division a) List one: It is also known as Union list. Originally contains 97 items, rights now 100 items All the matters of national significance are assigned to center like International relations, Defence, nuclear energy, Arms, Citizenship, Banking, Currency, Major service sector Few recently added items to Central list a) Service tax b) Sale tax on News papers c) Inter state trade b) List Two: State list. Originally 66 items, at present 61 items All the matters of local significance are given to state like Police(law and order), jails, local government, cooperative sectors, public health, libraries, burial grounds, sanitation, sports, Agriculture, land revenue, fisheries, mines, livestock motor vehicle registration etc c) List Three: Concurrent list. Originally 47 items, at present 52 items Matters like civil and criminal proceeding, Planning- Socio economic planning, Population control, Marriage, divorce, Trust, Transfer property other than agricultural lands, trade unions, social security and etc In 1976 by 42nd Amendment, some of the matters are transferred to Concurrent list from State list like Education, Forest, Administration of Justices, Legal metrology, Protection of environment and wild life, Electricity Article 248 of Indian constitution: Residuary powers of legislature The Remaining powers which excluded in 3 fold list are namely residuary powers. These were given to center under Article 248 Article 249 of Indian constitution: Power of Parliament to legislature with respect to a mater in the state List in the national interest This Article deals with special powers of Rajya sabha, temporary transferring of State List items into Center List Rajya sabha as to approves a resolution with special majority declaring of the subject matter in the State List have acquired national significance, if Loksabha also approves the motion then the subject matter is temporary transferred to Central List Article 250 of Indian constitution: Power of Parliament to legislature with respect to any matter in the State List if proclamation of emergency is in operation This article deals says that, Parliament can make a law in the State List during the times of National emergency Article 251 of Indian constitution: Inconsistency between laws made by Parliament under article 249 and 250 and laws made by the legislature of states This article deals says that, in case of inconsistency of Law made by parliament in State List under Article 249 and 250 then the Central law prevails over the State law Article 252 of Indian constitution: Power of Parliament to legislature for two or more states by consent and adoption of such legislation by any other state This article says that, Parliament of India can make a law in the State List after the request made by two or more States Example: Prize money Act and Human organs transplantation Act are made by the Parliament upon the request of states Article 253 of Indian constitution: Legislature for giving effect to international agreement This article says that, Parliament of India can make a law in the State List in order implement international treaties and agreements Article 254 of Indian constitution: Inconsistency between laws made by parliament and laws made by the legislatures of states This article says that, Parliament and State legislature can make a law in concurrent list If a State made a law in the concurrent list with the prior permission of President of India, State law prevails. Subsequently Central government makes a law on the same matter, ultimately Central law prevailsAdministrative relations | Article 256 to 263
Article 256 of Indian constitution: Obligation of State and the Union This article says that, Every State government has to exercise its executive authority in such that not to prejudices the authority of center Central government gives administrative directions orders for which and every State. States must follow, implement and comply with given orders Article 257 of Indian constitution: Control of the Union over States in certain cases This article says that, it is the responsibility of State government to protect and maintain the Central government properties and other establishments If State government violates the Center government direction deliberately, it attract to Article 356 Note: Article 356 of Indian constitution: President Rule Article 258 of Indian constitution: Powers of the Union to confer powers, etc., on states in certain cases This article says that, Central government can entrust(gives) some of its functions to State Article 258(A) of Indian constitution: Power of the states to entrust functions to the union This article says that, State also entrust some of its function to Central government which symbolizes cooperative federation Article 259 of Indian constitution: Repealed Article 260 of Indian constitution: Jurisdiction of the Union in relation to territories outside India This article says that, any newly acquired territory comes under the Central government Article 261 of Indian constitution: Public acts, records and judicial proceedings This article says that, all the document, certificates issued by various government must be honored by all institutions in India Article 262 of Indian constitution: Adjudication of disputes relating to waters of inter state river valleys This article says that, Parliament of India may established a inter state river water disputes tribunal. Inter state river water tribunal is legal body Article 263 of Indian constitution: Provisions with respect to an inter state council This article says that, President of India by order may established a Inter state council, which is constitutional body It is advisory body on center-state and inter state relations. Inter state council established in 1990 Note: Chairman for Inter State council- Prime Minister of India Learn More Link 1 - Indian constitution notes | Articles | Acts | Amendments Link 2 - Physics | Biology | Indian History | T-History MCQ Questions Test papers Link 3- Buy/Download Physics MCQ Bit Bank eBook Link 4 - Free eBooks For Competitive Exams Link 5 - Top Books for Competitive Exams Link 6 - Download Quantitative and Aptitude Competitive Exams For Complete GK/GS - Click Here#LetsMakePreparingForGovtJobsEasy
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