Federalism in India

Federalism in India

Part XI of the Indian constitution defines the power distribution between the federal government (the Centre) and the States in India. This part is divided between legislative and administrative powers. The legislative section is divided into three lists: Union list, States list and Concurrent list. Unlike the federal governments of the United States, Switzerland or Australia, residual powers remain with the Centre, as with the Canadian federal government.

Contents

Legislative powers

The power of the states and the Centre are defined by the constitution and the legislative powers are divided into three lists.[1]

Union list

Union list consists of 100 items on which the parliament has exclusive power to legislate with including: defence, armed forces, arms and ammunition, atomic energy, foreign affairs, war and peace, citizenship, extradition, railways, shipping and navigation, airways, posts and telegraphs, telephones, wireless and broadcasting, currency, foreign trade, inter-state trade and commerce, banking, insurance, control of industries, regulation and development of mines, mineral and oil resources, elections, audit of Government accounts, constitution and organisation of the Supreme Court, High Courts and union public service commission, income tax, custom duties and export duties, duties of excise, corporation tax, taxes on capital value of assets, estate duty, terminal taxes.[2]

State list

The state list consists of 61 items and individual states have exclusive authority to legislate on items included in this list: Public order, police, administration of justice, prisons, local government, public health and sanitation, agriculture, animal husbandry, water supplies and irrigation, land rights, forests, fisheries, money lending, state public services and state Public Service Commission, land revenue, taxes on agricultural income, taxes on lands on buildings, estate duty, taxes on electricity, taxes on vehicles, taxes on luxuries.[3]

Concurrent list

Concurrent list consists of 52 items. Uniformity is desirable but not essential on items in this list: Marriage and divorce, transfer of property other than agricultural land,education, contracts, bankruptcy and insolvency, trustees and trusts, civil procedure, contempt of court, adulteration of foodstuffs, drugs and poisons, economic and social planning, trade unions, labour welfare, electricity, newspapers, books and printing press, stamp duties.[2]

Exceptions

Though states have exclusive powers to legislate with regards to items on the states list, articles 249, 250, 252, and 253 state situations in which the federal government can legislate on these items.[2]

Administrative powers

The Union and states have independent executive staffs fully controlled by respected governments and executive power of the states and the Centre are extended on issues they are empowered to legislate.[2]

Union control over states

See also: Article 356

According to the Article 356 of the Constitution of India, states must exercise their executive power in compliance with the laws made by the Central government. Article 357 calls upon every state not to impede on the executive power of the Union within the states. Articles 352 to 360 contain provisions which empower the Centre to take over the executive of the states on issues of national security or on the breakdown of constitutional machinery. Governors are appointed by the Central government to oversee states. The president can dissolve the state assembly under the recommendation of the council of ministers by invoking Article 356 if and when states fail to comply with directives given by the Centre.[2]

References

  1. ^ Robert L. Hardgrave and Stanley A. Koachanek (2008). India: Government and politics in a developing nation (Seventh ed.). Thomson Wadsworth. pp. 146. ISBN 978-0-495-00749-4. 
  2. ^ a b c d e Babulal Fadia (1984). State politics in India Volume I. Radiant publishers, New Delhi. pp. 92–122. 
  3. ^ Cite error: Invalid <ref> tag; no text was provided for refs named Nagaraj; see Help:Cite errors/Cite error references no text

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