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Federalism What is federalism? what are the federal provisions in the…

- - - - context Why we Need Federalism
        i)excessive centralization(no autonomy) and concentration of power can led to break up of countries example : USSR
        
        How?
        India being such a vast and having immense diversity is following federalism and sill united
        
        What accounts for this achievement?
        
        is attributes of our federal structure governance we adopted responsible?
        is our nature of federal system?
        the practice of federalism is responsible?
        
        for india being united
    - - What is not Federalism?
        
        federalism dose not consist of a set of fixed principals which are applied, to different historical situation. example USA federalism(First) is different form German and Indian
        means, no fixed principal so no same application because no one having the same historical context
    - - to understand Federalism we need to understand some key features?
        
        details (power or autonomy) generally written in written document
        
        bicameralism - autonomy may be differ in its own sphere of political system
        
        must be having independence judiciary to settle dispute on division of power
        
        may be having dual identity or not
        
        other aspect which also contribute for having federal features like
        historical context
        --culture of trust between regions
        --cooperation on economic and trade level
        --mutual respect for each other need between regions
        recent development also determine federalism
        --political parties determine the way constitution work in the context of federalism
        linguistic identity and ideological identity of people also some how determine-?
        I
        and could led to secessionist movements (debated)
      - federalism did not only means the division of power but also dividing it in a manner that unite all the units in the nation-state
- - - - ideally we want to be democratic country for that we have to share power with center , state and local level
    - - but... because of the bloody partition we adopted the principal of unity and cooperation b/w the center and state and separate powers to the state
        
        because at that time centrifugal forces are active more than centripetal forces
        
        why we need to have unity and cooperation principal in our constitution?
        constitution makers gave two reasons
        i)that would accommodate diversity
        ii)wanted socio-economic problem of the country needed to be handled by strong center government in cooperation with the state
- - - - Center already has effective financial power and responsibilities
        one of the financial power to distribute resource are consider lopsided and has led to the charges of discrimination against ruled by an opposition party
        
        financial power
        
        state is dependent on center for financial resources(grants , financial assistance and loans) because center control revenue generating sources
        
        Niti Ayog = coordinating machinery controls and supervises the resources is u/d union government
        
        led to the centralized decision making on the subject of finance
        
        center use its discretion to give grants and loan to states
        
        responsibility
        
        cost of collecting the taxes is on the center solders
      - governor's power
        
        can recommend dismissal of the state government and it's assembly
        
        on the recommendation of the COM if the state is not compromising during any crisis in the state or during the time of crisis
        or violates the Constitution and threatens the administrative machinery
        
        even in normal
        
        governor has the power to reserve a bill passed by the state legislature , for the assent of the president
        
        Unfortunate it give the center government power to delay the state legislation
        
        if required to veto the bill completely
        
        but also give opportunity to examine such bill
      - emergency provision = federal polity into highly centralized system
      - Article 1,2,3, 368
        state's constitutional status and area of activity is decided by the constitution but it can be changed be
        by the parliament through their own discretion or even by taking the consideration from the states example : it happen when we divide the state in SI on the bases of language
      - Article 257 (1): the executive power of every state shall be so exercised as not to impede(delay or prevent) or prejudice the executive power of the union
        and the executive power of the union shall extend to the giving of such direction to a state as may appear to the government of India to be necessary for that purpose
        
        the constitution clearly state that executive power of the union are superior to the power of the state
        
        there may be some occasion when the situation may demand that the center can make legislation on the matter of state list
      - officer selected under an integrated administrative system are under the control of the center government . State neither can take disciplinary action nor can they remove these officer from service
      - Article 33 , 34 - authorise the parliament to protect persons in the service of the union or the state in respect of any action taken by them during martial law to maintain or restore order
        
        AFPS law is based on this provision
- - - - 1950-1960 = The foundation of federalism was laid by Nehru it was the period of Congress domination
        states are hopefull and develop u/d center grants and aid
        
        First phase of autonomy
        After 1960 somehow Congress domination declined and regional parties on rise. this peculiar political context gave rise to discussion the discussion of the concept of autonomy
        
        Second phase of autonomy
        After 1990 Congress domination ended and coalition policies both at the center and state began as a result
        i) greater say for the state
        ii) a respect for diversity
        iii) beginning of a mature federalism