Docsity
Log inSign up
Docsity
Prepare for your exams
Prepare for your exams

Study with the several resources on Docsity

Earn points to download
Earn points to download

Earn points by helping other students or get them with a premium plan

Guidelines and tips
Guidelines and tips
Sell on Docsity
Sell on Docsity
Log inSign up

Prepare for your exams

Study with the several resources on Docsity

Find documents

Prepare for your exams with the study notes shared by other students like you on Docsity

Search Store documents

The best documents sold by students who completed their studies

Search through all study resources
Docsity AINEW

Summarize your documents, ask them questions, convert them into quizzes and concept maps

Explore questions

Clear up your doubts by reading the answers to questions asked by your fellow students

Earn points to download

Earn points by helping other students or get them with a premium plan

Share documents
download point icon20 Points

For each uploaded document

Answer questions
download point icon5 Points

For each given answer (max 1 per day)

All the ways to get free points
Get points immediately

Choose a premium plan with all the points you need

Study Opportunities

Choose your next study program

Get in touch with the best universities in the world. Search through thousands of universities and official partners

Community

Ask the community

Ask the community for help and clear up your study doubts

University Rankings

Discover the best universities in your country according to Docsity users

Free resources

Our save-the-student-ebooks!

Download our free guides on studying techniques, anxiety management strategies, and thesis advice from Docsity tutors

From our blog

Exams and Study
Go to the blog

Indian constitution federalism, Slides of Constitutional Law

Sardar Patel UniversityConstitutional Law

Indian constitution pluralism and federalism

Typology: Slides

2021/2022

Uploaded on 11/08/2022

hassanraza-shaikh
hassanraza-shaikh 🇮🇳

5 documents

1 / 11

Toggle sidebar

This page cannot be seen from the preview

Don't miss anything!

bg1
Name: Hassanraza M. Shaikh
Roll No.: 7
Semester: 1
Academic Year: 2022-23
Specialization Group: Constitutional
Law & Legal Order
Subject: Constitutionalism: Pluralism
and Federalism-1
Subject Teacher: Ms.Dwiti Vyas
Topic: Federalism India – Central Control
V. State Autonomy
pf3
pf4
pf5
pf8
pf9
pfa

Partial preview of the text

Download Indian constitution federalism and more Slides Constitutional Law in PDF only on Docsity!

Name: Hassanraza M. Shaikh

Roll No.: 7

Semester: 1

Academic Year: 2022-

Specialization Group: Constitutional

Law & Legal Order

Subject: Constitutionalism: Pluralism

and Federalism-

Subject Teacher: Ms.Dwiti Vyas

Topic: Federalism India – Central Control

V. State Autonomy

Federalism India – Central Control V. State

Autonomy

  • (^) Principles of Federalism in the Constitution
  • (^) Federalism is based on two principles:
  • (^) Separation of Power
  • (^) Check and balances
  • (^) The Federal form of Government highly maintain

these two principles. Power of each machinery of

government is distributed and none of the

machinery interferes in the work of others.

  • (^) The principle of checks and balances in the federal system

is required for the proper functioning of all levels of organs

of government. Each organ of government checks the

functioning of other organs so that the other organ may

not violate the principle of separation of power and no

organ becomes too powerful. Some examples of check and

balances are:

  • (^) Judiciary may exercise judicial review upon legislature and

executive.The executive has the power to appoint the

judges for courts.Legislation may review the functioning of

the judiciary

  • (^) What has made India a Federal Country?
  • (^) 1. Constitution has declared India as a Union of States
  • (^) 2. Three tier Federalism - Union , State and Panchayat.
  • (^) 3. Three fold distribution of legislative powers under Union list , State list and Concurrent list.
  • (^) 4. All states in the Indian Union do not have identical powers. Eg. Union territories.
  • (^) 5. Changes in power sharing has to be passed by two thirds majority in the parliament.
  • (^) 6. In case of any dispute regarding division of power , the apex court will take decision.
  • (^) How does India practice power sharing?
  • (^) 1. By creating linguistic states. Which has made administration easier. - New states have been created since 1947.
  • (^) 2. No language has been given the status of national language by the Constitution.
  • (^) 3. Restructuring of power sharing between Centre and State. Rise of regional political parties and coalition government has led to a new culture of power sharing.
  • (^) 4. Three fold distribution of legislative powers.
  • (^) Central Control V. State Autonomy
  • (^) Autonomy has its etymological roots in the two Greek words for ‘self and rule of law.1 Thus, autonomy literally means self-rule or independence. The grammatical meaning of the term autonomy is the right to self-government or freedom of self-rule,2 but in a federal set-up, state autonomy does not mean the independence or sovereignty of the states. It indicates two aspects negative and positive. Negative means non-interference of the centre in the prescribed domain of the state. Positive means the right of the state to work independently in the prescribed area. Thus, autonomy has assumed the character of ‘state rights’, which has been the bone of federal systems.
  • (^) The question aroused how far the states legislatures and state governments enjoy in practice the autonomy, which they enjoy in theory.
  • (^) This depends on how effectively the constitution of our country is working instead of being reduced to ritualism next to the constitution and the most important factor that affects autonomy is the impact of political system, more specifically the party system, makes on our constitutional system. It is not so much the text of the working of autonomy of the states with one party in control throughout India for several years, autonomy of states almost ceased to exist in practice.