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?
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The 42nd Amendment Act, of 1976, was often called a mini-constitution. It was a significant development of the Indian Constitution. This amendment was enacted on January 3, 1977. The aim of the 42nd Amendment was to strengthen the federal structure of the country and reduce the powers of the JudiciaRead more
The 42nd Amendment Act, of 1976, was often called a mini-constitution. It was a significant development of the Indian Constitution. This amendment was enacted on January 3, 1977. The aim of the 42nd Amendment was to strengthen the federal structure of the country and reduce the powers of the Judiciary. The key provisions of the amendment included:
- It added the words ‘Socialist,’ ‘Secular,’ and ‘Integrity’ to the Preamble of the Indian Constitution.
- The amendment expanded the list of Fundamental Duties for Indian citizens.
- Insertion of Article 31-C: This provision prohibited the courts from entertaining any petition challenging the constitutional validity of any law made by Parliament.
- Amendments to Article 368: The amendment altered the procedure for amending the Constitution, making it more difficult for the courts to interfere with parliamentary decisions.
- Changes to Article 352: The amendment expanded the circumstances under which the President could declare a national emergency.
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The amendment was controversial due to its perceived attempt to undermine judicial review and limit civil liberties. Critics argued that it was an undemocratic move by the Indira Gandhi government to consolidate its power and suppress opposition. The amendment was passed through a joint session of Parliament, with support from the ruling party and some opposition parties. The 42nd Amendment had a profound impact on India’s federal structure. It significantly increased the power of the central government, reducing the autonomy of state governments. This shift emphasized a more unitary system, which some argued was against the federal nature of the nation.
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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