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Monday 7 September 2015

Federalism........ Part II



Q 6. Point out one feature in the practice of federalism in India that is similar to and one feature that is different from that of Belgium.
  • Similar Feature : Like in Belgian federalism, in Indian federalism also constitutional powers are given to the regional and local governments.
  • Different Feature: Unlike Belgian federalism, in Indian federalism regional and local government  are dependent on the central government for finance and other matters of national importance.

Q 7.Give a comparative analysis between Belgian and Sri Lankan form of Power Sharing.

  • Belgium and Sri Lanka both shared more or less the same historical background of complex ethnic composition.
  • After getting independence Belgium shifted from a unitary to federal form of government under the great constitutional change in 1993.
  • Whereas, Sri Lanka  followed“a unitary system” where all the powers are with the National Government.


Q 8.“Independence of Judiciary is the key to success of federalism.” Examine the statement.


Independence of Judiciary is very much required in the federal system of government because:-
  • Judiciary acts as an umpire if disputes arise between different levels of government in the exercise of their respective powers.
  • Judiciary also interprets the Constitution and the powers of different levels of government.
  • Hence, judiciary is the key to the success of federalism.

Q 9. What is the basic nature of Indian federal system?

Or
“Indian federal system is a quasi-federal”. Examine the statement.

The power sharing arrangements in our country is  based on the quasi federal nature of federation. 
The Indian constitution provided a “three fold distribution” of legislative powers between the union government and the state government known as ‘Three List System’ such as:-

Union list
  • Union list contains 97 subjects of national importance.
  • The union legislature legislates the subjects of union list such as:-
  • Defense, foreign affairs, banking, communications and currency etc

State list
  • State list contains 66 subjects of local importance’.
  • The state legislature assembly legislates on the subjects of state legislature such as police, trade, commerce, agriculture and irrigation.

Concurrent List
  • Concurrent List contains 47 subjects which are important for both the union and state government.
  • On the concurrent list subject both union and the state legislature can legislate but in the case of conflict only union law prevails.
  • Subjects like, education, forests, trade unions, marriages, adoption and succession are the examples of concurrent list.

Q 10. What do you understand by the three tiers system of Indian federation?

  • Three-Tier system means three levels of government. 
  • The Indian Constitution originally provided for a two-tier system of government. 
  • The union government or the central government and
  • the state government.
  • But, later a third-tier of federalism was added in the form of Panchayats [Rural level] and Municipalities [Urban level]. 
  • Every level enjoys separate jurisdiction.

Q 11. In what ways has the local Government deepened our democracy?
  • Constitutional status for local government has helped to deepen democracy in our country. 
  • It has increased women’s representation and voice in our democracy.
  • The new system of local government is the largest experiment in democracy conducted anywhere in the world.
  • Seats are reserved in the elected bodies and the executive heads of these institutions for the scheduled castes, scheduled tribes and OBC.
  • All these features strengthen the very aspect of our democracy.
Q 12. Examine the Holding Together nature of Indian Federalism.

  • Indian federalism is formed by “Holding Together” nature of federalism. 
  • It does not give equal Powers to its constituent units.
  • States have not been given identical powers with union government.
  • Few states have been given special Status—like Jammu and Kashmir and North Eastern States in order to protect and preserve their customrv, traditions, cultural and linguistic diversity.
  • Apart from these some territories of the Indian union like Chandigarh, Lakshadweep or the capital city of Delhi.
  • These territories are administered by the union government hence known as ‘Union Territories’.




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