How do the principles of federalism in the Indian Constitution balance power between the central and state governments, and what are the key challenges faced in maintaining this balance?
The most recent amendments to the Indian Constitution include are: - The 105th Amendment (2023): Restored the power of the states to make their own OBC lists. - The 104th Amendment (2023): Extended the reservation for SC/STs in the Lok Sabha and state assemblies by 10 years. Landmark judgments incluRead more
The most recent amendments to the Indian Constitution include are:
– The 105th Amendment (2023): Restored the power of the states to make their own OBC lists.
– The 104th Amendment (2023): Extended the reservation for SC/STs in the Lok Sabha and state assemblies by 10 years.
Landmark judgments include :-
Kesavananda Bharati v. State of Kerala (1973): Established the basic structure doctrine, which holds that certain fundamental features of the Constitution cannot be amended or abrogated by Parliament.
– Jallikattu case (2023): Upheld the practice of Jallikattu, a traditional bull-taming sport in Tamil Nadu, as permitted by state amendments to the Prevention of Cruelty to Animals Act.
– Euthanasia case (2023): Streamlined guidelines for the withdrawal of treatment of terminally ill patients, recognizing the right to die with dignity as a fundamental right under Article 21.
– Maharashtra political crisis (2023): Held that the Governor’s decision to order a floor test was illegal, and recognized the right of the Speaker to decide disqualification petitions.
– Election Commission appointments (2023): Modified the process for appointing members of the Election Commission of India, emphasizing the importance of an independent Election Commission.
Federalism, in simple terms, refers to the division of powers and responsibilities between the different forms of government. In the context of India, the terms show little variation. Instead of a complete separation of powers and responsibilities, certain powers are vested in both the central and sRead more
Federalism, in simple terms, refers to the division of powers and responsibilities between the different forms of government. In the context of India, the terms show little variation. Instead of a complete separation of powers and responsibilities, certain powers are vested in both the central and state governments. Thus, we could say that Indian federalism is cooperative federalism. To understand this better, one must know that the Seventh Schedule of the Constitution guarantees the division of powers between state and centre. Although the constitution doesn’t directly refer to the federal governance structure, the Seventh Schedule divides powers between the Union and states through three lists: the Union List (centre subjects), the State List (state subjects), and the Concurrent List (the central and state governments) (subjects). Thus, Indian federalism is a unique blend of federalism and unitarianism, thus safely referred to as a quasifederal system. This may sound impressive, but it does come with challenges.
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