Constitution of India (Federalism)

The Constitution of India is the supreme law of India.
Federalism: The division of power between the federal and state government.

2. CONSTITUTION OF INDIA
•FEDERALISM
•Federalism is a mixed form of government combining the central and
state govt. The term federalism is derived from the word “ FEOUDUS”
(Latin term) which means agreement.
•In federalism there is a division between federal and state govt, and
both are independent in their own spheres.
•According to article 1(1) of the constitution; India is a union state. Dr .
Ambedkar said that the word union is the substitute for the word “
Federation”. The word federation is no where used in the Indian
constitution.

3. •Federal govt was formed because to maintain politics and
administration.
•Federalism is defined as a form of govt in which there is a division of
powers b/w two levels of govt of equal status.
•Examples of federal states:
•India, USA , Brazil, Mexico, Russia, Germany, Canada, Switzerland ,
Argentina, and Australia.

4. •In India federalism leads to : distribution of legal authority across
national, states and local govt in India. Constitution of India gave or
establishes structure to the Indian govt where in to be UNION OF
STATES.
•PART -11 Specify the distribution of legislative, administrative,
executive powers b/w union, federal and central govt.
•Federation is the association of states in federation central and states
govt, posses sovereign power federalism definition. The distribution
of powers of the state of no pf coordinate bodies each origin is
controlled by the constitution.

5. •Essential features of federalism:
•1.Dual government: central govt, and govt of units there cannot
be a federation without two sets of govt,(ie) central govt, and state
govt states are also supreme and independent.
•2.Distribution of powers: federalism ensures independence and
coordination b/w both the govt. the govt are not dependent upon
each other.
•3.A written constitution: a federal country must almost necessary
to have written const. it provides sovereign powers to both the govt.
in case if a dispute arise b/w these two govts, it can be deal with the
provisions of const.
•4.Supermacyof constitution: the state itself derives from the
const. everything is controlled by the constitution. (ie) even
executive, judiciary and legislative, is under the control of the const.
the constitution is supreme law of the land.

6. •5.Independent judiciary: it is a part of federalism govt. in a federal
state the legal supermacyof the constitution is essential for the
existence of federal system. A federal sate involves: division of states
b/w the central and state govt. so it is essential to maintain the
division of powers. If any dispute arise b/w central and state the 3rd
independent authority must come and dissolve the dispute. The
judicial power has the final polity to interfere in the dispute and help
with constitution.
•6.Rigidity of the constitution: constitution must be rigid. Federal
constitution must be rigid that it must not change easily. In the rigid
constitution, the procedure to amend the constitution is complicated
and difficult.
•7.Dual system of court: in federalism division of judiciary b/w
federal and state govt. federal court takes federal cases, while state
court takes state cases that arises in state law.

7. •8.Division of public services: in federalism there must be division of
public services. In USA, they have their own administration respective
laws and functions. Generally the federal and state can executive their
laws.
•9.Dual system of accounts and auditing : in federalism there is a
separate accounts and in state and central govt in the ideal form of
federation.
•10.Dual form of election commission: in federalism there is a separate
election missionary for federal and state govt to deal with election
process.

9. •Features of Indian federalism
•1.Division of powers
•Federalism means dual polity and 2 types of govt
National and central govt and state govt .
There will be 2 sets of polity one will be national importance and one will be state
importance under state govt.
7th schedule (3 list)
•Union list -100 entries ( central govt can make laws)
•State list-61 entries ( state govt can make laws )
•Concurrent list –52 entries ( both central and state govt can make laws)
•1st national importance :
•Defence, peace, international relations, diplomacy, terrorism , boundaries, etc.
•2nd subjects to regional is :
•Healthcare , education etc.

11. •2.Two sets of identity:
•National identity and local identity
•For ex: a person from Punjab is called as Punjabi, even though he/she
is a Indian.
•The persons from Tamil Nadu, Kerala, Punjab all these persons will
have local identity and he/she is also an Indian.
•3. Written and Rigid constitution:
•Indian constitution is a written and rigid constitution and lengthiest
const. we have rigid const. no one can easily amend the const. for
amendment process both the govt should agree.

12. •4. Independent judiciary: Judiciary is considered as the guardian of
const. there are different types of courts supreme court, high courts,
district courts etc. if any dispute arise b/w the centre and state the
judiciary members like chief justice must dissolve the dispute.

13. •IMPORTANT CASE LAWS:

14. •1.State of Rajasthan v. UOI , 1977 AIR 1367.
Former chief justice (CJ) MR. Beg called the constitution of India as
amphibian. He further stated that our constitution creates a central govt
which is amphibian in the sense. That it can be either federal or unitary.
According, to the need of situation and circumstance.
•2.Haryana v. State of punjab,1922,SC 2219
In this case, the term semi federal form used in India. The constitution, was
more unitary than federal.
•3. State of west Bengal v. UIO , 1963 AIR 1214 (Important case law)
Dealt exercise of sovereign power of India. In this case Supreme Court said
that, the Indian constitution does not promote an absolute federalism. The
court further states 4 characters (ie) the Indian constitution is not a
traditional federal constitution.

15. •= Constitution Of India(COI) is the supreme document. Constitution
provides equal status to all govt and there is not separate constitution
for states.
•=The states have no power to alter the constitution. But only centre
govt has the power to constitute the constitution.
•= The Indian constitution renders supreme power upon the courts to
invalidate any action which violates the const.
•=The distribution of power facilitate national policies matter by the
central govt and local govt by the state govt. the SC said that the central
govt is the final authority. The political power is distributed both to state
and central govt.

16. •Another is there, is a single form of single citizenship in India.
•The learned judges finally concluded that structure of India is provided by
the constitution is centralised in the secondary position, namely the
centre. Thus the Indian govt is “QUASI FEDERAL”. Because it contains
features of single citizenship , dual and flexibility of const.
•The pure form of federalism is practiced in USA . Although the Indian
govt, contains some features such as division of power, partly rigidity of
the const. But is not considered as federal govt, but it is known as Quasi
Federal Government.
• I THINK THIS PRESENTATION IS USEFUL AND THIS WILL BE
REMEMBERED BY YOU . THANK YOU FOR YOUR ATTENTION.