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Residuary Powers in Indian Federalism

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Residuary Powers in Indian Federalism

Uploaded by

Math
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

FEDERALISM

KEY WORDS AND TERMS


Federalism- Federalism is a system of government in which the power is divided between a
central authority and various constituent units of the country.
Page | 231
Unitary system- Under the unitary system, either there is only one level of government or
the sub-units are subordinate to the central government
Jurisdiction-- The area over which someone has legal authority

Coming together Federations- Independent States coming together on their own to form a
bigger unit, so that by pooling sovereignty and retaining identity they can increase their
security.

Holding together federations- A large country decides to divide its power between the
constituent States and the national government.

Union list- Union List includes subjects of national importance


State list - contains subjects of State and local importance.
Concurrent List- includes subjects of common interest to both the Union Government as
well as the State Governments
Residuary List-- include all subjects that came up after the constitution was made and they
do not fall in any of the three lists
The Union Territories- Constituent units of the Indian Union which enjoy very little power
and these are areas which are too small to become an independent State.
Coalition government –When two or more political parties come together and form a
government it is called a coalition government.
Decentralisation- When power is taken away from Central and State governments and given
to local government, it is called decentralisation
CONCEPT MAPS

231
Page | 232

232
DECENTRALISATION IN INDIA

Page | 233

MCQ
1.Identify a Federation from among the following?
A. Sri Lanka B. Belgium C. Britain D. China
2. Which among the following states is not created on linguistic
basis
A. Jharkhand. B. Maharashtra C. Karnataka D. Punjab
3. How many scheduled languages are there in India?
A. 21 B.22 C.2 D 29
4. When two or more political parties come together and form a
government, it is known as
A. Democratic government B. Coalition Government C. Federal
Government D. Union Government

5. Name the institution which conducts elections to the local self-


government.
A. Central Election Commission B. State Election Commission C.
District Administration D. State Revenue Department

ONE MARK QUESTIONS


Q1. Define Federalism?
Federalism is a system of government in which the power is divided between a central
authority and various constituent units of the country
Q2. Where do the jurisdictions of different levels of governments specified in Indian Federal
system?
The jurisdictions of the respective levels or tiers of government are specified in the
constitution

Q3. What are the duel objectives of federal system?


1. To safeguard and promote unity of the country,

233
2. To accommodate regional diversity.
Q4. Mention the two essential aspects of an ideal federal system
1. Mutual trust
2. Agreement to live together.
Q5.Give examples of Coming together Federations
Page | 234 The USA, Switzerland and Australia.
Q 6. Give examples of Holding together Federations
India, Spain and Belgium
Q7.How did the political culture of Coalition govrnment help in the betterment of
democratic politics of India?
The political culture of Coalition govrnment led to a new culture of power sharing and
respect for the autonomy of State Governments.
Q8. What type of a governmental arrangement exists in Belgium now?
Federal system
Q9. What type of a governmental arrangement exists in Sri Lanka now?
Unitary system
Q10. How does financial autonomy ensured in a Federal system?
Sources of revenue for each level of government are clearly specified in the Constitution to
ensure financial autonomy
Q11. Indian Constitution does not use the term Federation, even though we work on the
same principles. Which term has been used to indicate our system?
India, a Union of States
Q12. What is meant by Jurisdiction?
The area over which someone has legal authority
Q13. Which list of the Indian Constitution, Robotics is included in?
Residuary powers
Q14. Name the states in India which enjoy special powers under Article 371 of the
Indian Constitution.
Assam
Nagaland
Arunachal Pradesh
Mizoram

Q15. States in India such as Assam and Mizoram enjoy special powers under Article
371 of the Indian Constitution. Why?
Due to their peculiar social and Historical circumstances

Q16. Suppose the Government of Maharashtra is forming a special police Battalion for
Rural safety. Can the Central government order the state government to withdraw the
plan as this involves a lot of money expenditure? Justify your answer.

No, Police and law and order is a subject in the state list and only the state government can
make laws based on that subject.

Q17. The Central Government passed a law banning Electric fencing of agricultural
fields near forests .At the same time the state government passes a law allowing farmers
to erect Electric Fencing with the special permission from the Village officer. Which law
will prevail? Why?

The Central Law will prevail because Prevention of cruelty against animals is a subject in the

234
concurrent list and if two laws conflict with each other the law made by the Central
government will prevail if it belongs to the concurrent list.
Q18. Which level of government can make laws on matters related to Artificial
intelligence?
The Union Government
Page | 235 Q19. Which level of government is more powerful in India?
The Union Government
Q20.Some States in India like Nagaland, Uttarakhand and Jharkhand were created not
on the basis of language. On what basis these were created?
These states were created to recognise differences based on culture, ethnicity or geography
Q21. Which governmental agency conducts elections to local self governments in India?
The State Election Commission
Q22. What is the term used to mention rural local self governments in India?
Rural local government is popularly known by the name Panchayati raj.
Q23. Point out one feature in the practice of federation in India that is different from to
that of Belgium.
In Belgium Community Government is there, but in India such type of provision is not there.
Q24. Give any two problems associated with the functioning of the Panchayati Raj
system in India?

1. While elections are held regularly, gram sabhas are not held regularly.
2. Most state governments have not transferred significant powers to the local governments
Q25. Identify three states in India which have been carved out of bigger states.
Jharkhand, Uttarkhandu, Chathisghad
Q26. The following cartoon depicts the negative aspects of coalition government at the
centre. Identify any two negative aspects.

1.The Regional parties exert undue pressure on central govrnment to protect regional interest
at the cost national interest.

235
2.This pressure politics may weaken the central goverment
3 MARKS QUESTIONS

Q1. What are the different levels of government in India Federal system?
Federalism is a system of government in which the power is divided between a central
Page | 236 authority and various constituent units of the country. A federation has two or more levels of
government.
1. The central government-This is the government for the entire country and is usually
responsible for a few subjects of common national interest.
2. State government- This is the government at the level of provinces or states that look after
much of the day-to-day administering of their state.
Both these levels of governments enjoy their power independent of the other.
3. The local government- This is the government at local level to meet the local needs and to
ensure democratic participation at the grass root level.

Q2.What is meant by unitary system?


1. Under the unitary system, either there is only one level of government or the sub-units are
subordinate to the central government.
2. The central government can pass on orders to the provincial or the local government.
3. Generally small countries with less diversity adopt unitary system.
Q3. Explain the terms of relationship between central government and state
government in Federal system.
1. In a federal system, the central government cannot order the state government to do
something.
2. State government has powers of its own for which it is not answerable to the central
government.
3. Both these governments are separately answerable to the people.
Q4. Explain the Union list of the Indian Constitution

1. Union List of the Indian constitution includes subjects of national importance such as
defence of the country, foreign affairs, banking, and communications currency. Etc.
2. They are included in this list because we need a uniform policy on these matters
throughout the country.
3. The Union Government alone can make laws relating to the subjects mentioned in the
Union List.

Q5. Explain the State list of the Indian Constitution

1. State List of the Indian constitution contains subjects of State and local importance such as
police, trade, commerce, agriculture irrigation. Etc.
2. The State Governments alone can make laws relating to the subjects mentioned in the State
List.
3. State list contains less number of subjects compared to Union list
Q6. Explain the Concurrent list of the Indian Constitution

1. Concurrent List includes subjects of common interest to both the Union Government as
well as the State Governments, such as education, forest, trade unions, marriage, and
adoption
Succession etc
2. Both the Union as well as the State Governments can make laws on the subjects mentioned

236
in this list.
3. If their laws conflict with each other, the law made by the Union Government will prevail.
Q7. What is meant by Residuary Subjects?
1. Residuary Subjects include all subjects that do not fall in any of the three lists (The Union
list, The State list, The Concurrent list)
Page | 237 2. Subjects like computer software that came up after the constitution was made are included
in this list.
3. According to our constitution, the Union Government has the power to legislate on these
‘residuary’ subjects.
Q8. The Constitutional division of powers envisages a more powerful Central
government. Why?
1. 1. Union List of the Indian constitution includes more number of subjects and more
important subjects.
2. Subjects of national importance such as defence of the country, foreign affairs, banking,
communications, and currency. Etc. are included in the Union list
3. The Constitution provides an upper hand to Union government in the case of Concurrent
list. If the laws made by central and state government conflict with each other, the law made
by the Union Government will prevail
4. According to our constitution, the Union Government has the power to legislate on these
‘residuary’ subjects.
Q9. Why it is not easy to make changes to this power sharing arrangement in India?
1. The Parliament cannot on its own change the power sharing arrangement.
2. Any change to it has to be first passed by both the Houses of Parliament with at least two-
thirds majority.
3. Then it has to be ratified by the legislatures of at least half of the total States.

Q10. What is the role of Judiciary in a Federation?


1. The judiciary plays an important role in overseeing the implementation of constitutional
provisions and procedures in a Federal system.
2. In case of any dispute about the division of powers, the High Courts and the Supreme
Court make a decision.
3. The Judiciary has to be independent and impartial to ensure mutual trust between different
levels of government and to uphold the spirit of Federalism

Q11. If the Federal experiment has succeeded in India, it is not merely because of the
clearly laid out constitutional provisions. Do you agree with the statement? Justify your
answer.

1. Well defined and clear constitutional provisions have a major role in the success of Federal
system but that is not enough.
2. The real success of Federalism can be attributed to the nature of democratic politics of our
country
3. Respect for diversity and desire for living together became shared ideals in our country
Q12. Explain Local government bodies in urban areas .
1. Municipalities are set up in towns in cities and municipal corporations are set up in big
cities
2. Both municipalities and municipal corporations are controlled by elected representatives.
3. Municipal chairperson is the political head of the municipality the Mayor is of the
municipal corporation
SOURCE BASED QUESTION

237
Read the following extract and answer the questions
A second test for Indian federation is the language policy. Our Constitution did not give the
status of national language to any one language. Hindi was identified as the official language.
But Hindi is the mother tongue of only about 40 percent of Indians. There were many
safeguards to protect other languages. Besides Hindi, there are 21 other languages recognised
Page | 238 as Scheduled Languages by the Constitution. A candidate in an examination conducted for
the Central Government positions may opt to take the examination in any of these languages.
States too have their own official languages. Much of the government work takes place in the
official language of the concerned State. Unlike Sri Lanka, the leaders of our country adopted
a very cautious attitude in spreading the use of Hindi. According to the Constitution, the use
of English for official purposes would be stopped in 1965. However, many non- Hindi
speaking States demanded that the use of English should continue. In Tamil Nadu, this
movement took a violent form. The Central Government responded by agreeing to continue
the use of English along with Hindi for official purposes. Many critics think that this solution
favoured the English-speaking elites. Promotion of Hindi continues to be the official policy
of the Government of India. Promotion does not mean that the Central Government can
impose Hindi on States where people speak a different language. The flexibility shown by
Indian political leaders helped our country avoid the kind of situation that Sri Lanka finds
itself in.
Q1. According to the Constitution, the use of English for official purposes would be stopped
in 1965.But even now all official communication are given in English also. Why?
Q2. Suppose the Central Government orders all the state governments that the medium of
instruction in schools should be Hindi. Is it constitutionally valid? Justify your answer.
Q3. It was proved that Sri Lanka lacked the political wisdom of adopting a proper Language
policy as the country had to face a civil war on the issue of language. What was the main
feature of Sri Lankan language policy?
A1- Many non- Hindi speaking States demanded that the use of English should continue The
Central Government responded by agreeing to continue the use of English along with Hindi
for official purposes
A2-No, Central Government cannot impose Hindi on States where people speak a different
language
A3- Sinhala language was given the status of the one and only official language of Sri Lanka
disregarding Tamil.
5 MARKS QUESTIONS

Q1. What are the key features of federalism?


1 There are two or more levels (or tiers) of government.
2 Different tiers of government govern the same citizens, but each tier has its own
Jurisdiction in specific matters of legislation, taxation and administration.
3 The jurisdictions of the respective levels or tiers of government are specified in the
constitution. So the existence and authority of each tier of government is constitutionally
guaranteed.
4 The fundamental provisions of the constitution cannot be unilaterally changed by one level
of government. Such changes require the consent of both the levels of government.
5 Courts have the power to interpret the constitution and the powers of different levels of
government.
6 Sources of revenue for each level of government are clearly specified to ensure its financial
autonomy.

Q2. Distinguish between Coming together Federation and Holding together Federation.

238
Coming together Federations
1. There are two kinds of routes through which federations have been formed.
2. The first route involves independent States coming together on their own to form a bigger
unit, so that by pooling sovereignty and retaining identity they can increase their security.
3. This type is known as coming together federation.
Page | 239 4. In this category of federations, all the constituent States usually have equal power and are
strong.
Ex. The USA, Switzerland and Australia.

Holding together federations


1. The second route is where a large country decides to divide its power between the
constituent States and the national government.
2. They are known as holding together federations
Ex. India, Spain and Belgium
3. In this second category, the central government tends to be more powerful than the States.
Q3. What factors make India a Federation?
1. The Constitution originally provided for a two-tier system of government, the Union
Government and the State governments.
2. Later, a third tier of federalism was added in the form of Panchayats and Municipalities.
3. These different tiers enjoy separate jurisdiction in specific matters of legislation, taxation
and administration.
4. The Constitution divides of legislative powers between the Union Government and the
State Governments in three lists i.e. the union list. the state list and the concurrent list.
5. An independent and impartial judiciary exists to interpret the constitution and settles
disputes.
Q 4. How is Federalism practiced in India?
1. Linguistic States
1. The creation of linguistic States was the first and a major test for democratic politics in
India
2. All the states except a few have been formed of the people who speak the same language.
3. These states are known as Linguistic States.
2.Language Policy
1. Besides Hindi, there are 21 other languages recognised as Scheduled Languages by the
Constitution.
2. States too have their own official languages and government work takes place in the
official language of the concerned State.
3.Centre –state relations
1. Till 1990 the same party ruled both at the Centre and in most of the States.
2. Since no single party got a clear majority in the Lok Sabha, the major national parties had
to enter into an alliance with many parties including several regional parties to form a
government at the Centre.
3. This led to a new culture of power sharing and respect for the autonomy of State
Governments

239
Q5. The existence of the Union Territories is a peculiar feature of Indian Federal
system. Explain

1. There are some units of the Indian Union which enjoy very little power.
Page | 240 2. These are areas which are too small to become an independent State but which could not
be merged with any of the existing States
3. There are historical, political and geographical reasons for their existence.
4. These areas are called Union Territories.
5. These territories do not have the powers of a State.
6. The Central Government has special powers in running these areas.
Q 6.The creation of linguistic States was the first and a major test for democratic
politics in our country. Explain
1. One major challenge India faced after independence was the creation of states and finally
linguistic states were created as federal units.
2. It was ensured that people who spoke the same language lived in the same State.
3. Some States were created not on the basis of language but to recognise differences based
on culture, ethnicity or geography.
4. These include States like Nagaland, Uttarakhand and Jharkhand.
5. The formation of linguistic States has actually made the country more united and time has
proved that it was the most suitable way to divide the country into constituent units.
6. It has also made administration easier.
Q 7.Explain the Language policy of independent India

1. Our Constitution does not give the status of national language to any one language.
2. There are 22 official languages, including Hindi and English recognised as Scheduled
Languages by the Constitution.
3. A candidate in an examination conducted for the Central Government positions may opt to
take the examination in any of these languages.
4. The states too have their own official languages and that is their regional language.
5. According to the Constitution, the use of English for official purposes would stop in 1965
but many non Hindi speaking States demanded that the use of English should continue.
6. Promotion of Hindi continues to be the policy the Government of India.
7. Promotion does not mean that the Central Government can impose Hindi on States where
people speak a different language.

Q8.Compare and contrast the Centre-State relations in India before and after 1990
before 1990

1. The history centre-state relations of India can be divided into two stages-the period before
and after 1990
2. Till 1990 the same party ruled both at the Centre and in most of the States.
3. This meant that the State governments did not exercise their rights as autonomous federal
units.
4. In those days, the Central Government would often misuse the Constitution to dismiss the
State governments.
5. This undermined the spirit of federalism.
All this changed significantly after 1990.

240
1. This period saw the rise of regional political parties in many States of the country.
2. This was also the beginning of the era of Coalition governments at the Centre.
3. Since no single party got a clear majority in the Lok Sabha, the major national parties had
to enter into an alliance with many parties including several regional parties to form a
government at the Centre.
Page | 241 4. This led to a new culture of power sharing and respect for the autonomy of State
Governments.
5. This trend was supported by a major judgement of the Supreme Court that made it
difficult for the Central Government to dismiss state governments

Q9.What is the rationale for decentralisation of power?/Why is decentralisation


necessary?
1. A vast country like India cannot be run only through two-tiers of governments.
2. Many of the States are internally very diverse and India needs another tier of government,
below the State governments.
3. The basic idea behind decentralisation is that there are a large number of problems and
issues which are best settled at the local level.
4. People have better knowledge of problems in their localities.
5. They also have better ideas on where to spend money and how to manage things more
efficiently.
6. At the local level it is possible for the people to directly participate in decision making.
7. This helps to inculcate a habit of democratic participation from the grass root level.

Q10.What are the steps or efforts taken in India for decentralisation? /What are the
clauses or provisions of the Decentralisation Amendment Act of 1992
1. A major step towards decentralisation was taken in 1992.
2. The Constitution was amended to make the third-tier of democracy more powerful and
effective.
3. Now it is constitutionally mandatory to hold regular elections to local government bodies.
4. Seats are reserved in the elected bodies and the executive heads of these institutions for the
Scheduled Castes, Scheduled Tribes and Other Backward Classes.
5. At least one-third of all positions are reserved for women.
6. An independent institution called the State Election Commission has been created in each
State to conduct panchayat and municipal elections.
7. The State governments are required to share some powers and revenue with local
government bodies.
Q11.How is the rural local government constituted ? /How does the rural local
government function?
1. Rural local government is popularly known by the name panchayati raj. The nature of its
constitution varies from State to State.
2. Each village has a gram panchayat with elected ward members, often called panch, and a
president or sarpanch .
3. The panchayat works under the overall supervision of the gram sabha which includes all
the voters in the village.
4. It has to meet at least twice or thrice in a year to approve the annual budget of the gram
panchayat and to review the performance of the gram panchayat.
5. A few gram panchayats are grouped together to form what is usually called a panchayat
samiti or block or mandal.
6. The members of this representative body are elected by all the panchyat members in that
area.

241
7. All the panchayat samitis or mandals in a district constitute the zilla (district) parishad.

Q12.Critically examine the system of decentralisation/the functioning of the Panchayati


raj system in India.
Page | 242 1. This system of local government is the largest experiment in democracy conducted
anywhere in the world.
2. Constitutional status for local government has helped to deepen democracy in our country.
3. It has increased women’s representation and voice in our democracy.
At the same time, there are many problems.
1. While elections are held regularly, gram sabhas are not held regularly.
2. Most state governments have not transferred significant powers to the local governments.
3. They were not given adequate resources for the proper functioning

242

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