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.
- The intricate balance between centralization and regionalism poses challenges.
- A powerful central authority may be perceived as encroaching, while robust regional movements can jeopardise national unity. For example, the revocation of Article 370 without the consent of Jammu and Kashmir’s legislature is a prime example of this dilemma.
- Regional dissatisfaction which stems from calls for autonomy, such as those from the Bodos and Gorkhas.
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It will have a multi-faceted approach to safeguarding a constitution against amendments that may undermine the basic rights. Some of the key strategies include: Constitutional Safeguards Rigid Constitution: The rigidity of a constitution can be enhanced by making amendments in the constitution by spRead more
It will have a multi-faceted approach to safeguarding a constitution against amendments that may undermine the basic rights. Some of the key strategies include:
Constitutional Safeguards
Rigid Constitution: The rigidity of a constitution can be enhanced by making amendments in the constitution by special majority or through a referendum. This makes it difficult to change fundamental rights.
Judicial Review: A strong and independent judiciary can review the constitutionality of laws and amendments, thus not violating the fundamental rights.
-Fundamental Rights: The constitution can be difficult to amend in a way that erodes fundamental rights if they are clearly defined and protected.
Public Awareness and Participation:
-Civic Education: Educating the public about the importance of fundamental rights and the role of the constitution in protecting them.
-Active Citizenry: Encouraging citizens to participate in public discourse and hold governments accountable for upholding constitutional values.
-Civil Society Organizations: Supporting civil society organizations that monitor government actions and advocate for human rights.
Institutional Mechanisms:
Independent Commissions: Setting up independent commissions to oversee the implementation of fundamental rights and investigate violations.
Parliamentary Committees: Strengthening parliamentary committees to scrutinize legislation and government policies that may affect fundamental rights.
Media Freedom: Protecting media freedom to ensure independent reporting and public scrutiny.
Combining these strategies can, therefore, be effective in protecting a constitution as well as taking care of fundamental rights from degradation to build a just and fair society.
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