Federalism
- Since India is indestructible union with destructible states. Is it appropriate to call India quasi-federal?
ANSWER:
India is indestructible union with destructible states:
Indian union is empowered to redraw map of any existing state and introduce a new state without even taking any state’s consent, whereas the states have no freedom to secede from the union, making it indestructible. Nature of India federation is debatable because it differs from the classical federal model of the USA.
USA model of federalism:
The US model can be called as ‘centrifugal’ because the flow of power is towards the states & the Indian model as ‘centripetal’ where the flow of power is towards the union.
Comparison with the USA model:
Indian Constitution differs from that of the USA model in terms of the following factors:
- It exhibits centralizing tendencies.
- Absence of separate constitutions for the states and the union
- Single citizenship
- It doesn’t need any state’s consent to redraw its map and can also supersede the authorities of the state in specific circumstances.
In Defence of India as a Federal Country:
- It is not appropriate to address India as a quasi-federal state as it possesses all the essential features of federal constitution, such as:
- Division of power
- Independent judiciary
- Constitutional supremacy
- Rigid procedure for the amendment of the constitution
- Ambedkar while defining the nature of Indian federation and the use of word ‘union’ clarified, unlike USA, India is a ‘holding together’ model rather than a ‘coming together’ model as centralized administration has been converted into federal system to meet regional unbalance & administrative convenience.
- Every model is suigeneris and SC in S R Bommai case has already clarified that sharing of powers between the state and the union is the essence of federalism.
Conclusion:
Our constitution is tailored as per country’s needs and It doesn’t really matter whether it is in consonance with the conventional model of federalism, as long as it serves the purpose. Federalism is a basic feature of the Constitution of India in which the Union of India is permanent and indestructible (Kesavananda Bharati case).
PRELIMS (STATIC)
- Which of the following are federal features of the Indian Constitution?
- Division of Powers
- Supremacy of the Constitution
- Integrated Judiciary
- Flexibility of the Constitution
- Dual Citizenship
a. 1 & 2 only
b. 2 & 3 only
c. 2, 3 & 4 only
d. 3 & 5 only
Solution: (a)
DAILY CURRENT AFFAIRS
- The Ministry of Housing and Urban Affairs, in partnership with Google, is to launch the #LooReview campaign
(a) To encourage all local guides in India to rate and review public toilets on Google Maps.
(b) To assess the effect of Loo wind in India.
(c) Both of the (a) & (b) are correct.
(d) None of the (a) & (b) are correct.
Solution: (a)
The Ministry of Housing and Urban Affairs, under the aegis of Swachh Bharat Mission – Urban (SBM–U), has partnered with Google to launch the Loo Review campaign to encourage all local guides in India to rate and review public toilets on Google Maps. This campaign is part of a feature which allows all citizens to locate public toilets in their cities on Google Maps, Search and the Assistant and also provide feedback on the same. 500+ cities in India with more than 30,000 toilets with the name of “SBM Toilet” are currently live on Google Maps.
One of the objectives of the Swachh Bharat Mission – Urban (SBM- U) is to provide sanitation coverage through public toilet facilities across cities in India for achieving Open Defecation Free (ODF) status. With around 3400 cities already having achieved ODF status, and other cities gearing up towards the same, there is now a need to ensure that the ODF status is sustained through continuous usage and proper maintenance of public toilets.
2. Which of the following initiative(s) is/are introduced in Jammu & Kashmir to re-establish the grass root level democracy?
- Transference of functions and functionaries of all the subjects under the 73rd Amendment of the Constitution of India in the Panchayats of J&K.
- The Leh and Kargil Autonomous Hill Development Councils (LAHDC and KAHDC) will be empowered to become the most autonomous councils in the country to address various issues being faced by people living in the remote areas of Ladakh region.
- Hike in the honorarium provided to the Special Police Officers (SPOs).
- Financial assistance to West Pakistan refugees settled in J&K.
a. 1 & 4 only
b. 1, 2 & 4 only
c. 2 & 3 only
d. All of the above
Solution: (d)
Source: http://www.pib.nic.in/PressReleseDetail.aspx?PRID=1547787
Prepared By: Bikesh Verman