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?
Administrative law and constitutional law are two distinct areas of law that serve different purposes. Administrative law focuses on the rules and regulations that govern the daily work of government agencies and public officials. It ensures that they act fairly, follow procedures, and don't abuse tRead more
Administrative law and constitutional law are two distinct areas of law that serve different purposes.
Administrative law focuses on the rules and regulations that govern the daily work of government agencies and public officials. It ensures that they act fairly, follow procedures, and don’t abuse their power.
Constitutional law, on the other hand, deals with the fundamental rights and freedoms of citizens, as enshrined in the Constitution. It sets limits on government power and protects individual liberties.
Let’s consider a case study:
In the landmark case of “Marbury v. Madison” (1803), the US Supreme Court established the principle of judicial review, which allows courts to strike down government actions that violate the Constitution. This case demonstrated the difference between administrative law and constitutional law. The Court was not reviewing an administrative decision, but rather ensuring that the government’s action aligned with the Constitution.
In simple terms, administrative law is like a “rule book” for government officials, while constitutional law is like a “bill of rights” that protects citizens from government overreach.
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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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