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What makes India a Federal Country? (Reasons (Soon after independence many…
What makes India a Federal Country?
Reasons
Soon after independence many princely states became part of India
The Constitution says India is a Union of States
All the seven features of federalism apply to India
The Constitution originally planned a two tier government
The Union or Central government & the state governments
Later a third tier of government was added in the form of Panchyats & Muncipalities
These three levels of government have different jurisdictions
The jurisdictions are clearly specified in the constitution
The areas of power are divided into three lists -
Union List, State List, Concurrent List
Union List
This list includes subjects of national importance
Eg: Defense, foreign affairs, banking, currency, communication
These require a uniform policy in the entire country
The Central government alone can make laws on subjects in union list
State List
This list includes subjects of state or local importance
Eg: Police, trade, commerce, agriculture, irrigation
The State government alone can make laws on subjects in state list
Concurrent List
This list includes subjects of common interest to the Central & State governments
Eg: Marriage, adoption, succession, education, forest, trade union
Both the Union & State governments can make laws on subjects in the concurrent list
If their laws conflict, the law made by the Union Government will prevail
Residuary Subjects
Some subjects do not fall in any of the three lists
According to the constitution, the Union government has the right to make laws on such "residuary subjects"
For eg: the subject, Computer Science came up after the constitution was made
States with Special Status
In Holding Together federations such as India, all states do not have equal powers
Some states enjoy special status
Eg: Jammu & Kashmir has its own constitution
Indians who are not permanent residents of the state cannot buy land or house here
Union Territories
They enjoy very little power - they do not have powers of the state
There are some areas that sre too small to become an independent state & could not be added to existing states
Eg: Chandigarh, Lakshadweep, Delhi
The Union government has special powers in running these areas
How can changes be made in power sharing
?
It is not easy to make changes in the power sharing arrangement
Any change in power sharing has to be first passed by both Houses of Parliament with at least 2/3rd majority
Then it has to be ratified by legislatures of at least half the total states
In case there are disputes regarding the power sharing, the High Courts & Supreme Courts make a decision