Punjab State Board PSEB 11th Class Political Science Book Solutions Chapter 22 Indian Federal System Textbook Exercise Questions and Answers.
PSEB Solutions for Class 11 Political Science Chapter 22 Indian Federal System
Long Answer Type Questions
Question 1.
Discuss the nature of Indian Federalism.
Or
Describe the major characteristics of Indian Federal System.
Or
‘The Indian Constitution is federal in nature but unitary in spirit.’ Examine the statement.
Answer:
The Constitution of India establishes a federal system of government in the country. But the federal system of government in India has come under severe criticism at so many hands. Many people are of the view-point that the constitution of India is only federal in form but it is unitary in spirit. The administration has been organized in such a way that the units of federation cannot exercise their powers independently and they are merely reduced to administrative territories of the union.
The American Constitution established the federal system of government in U.S.A. first of all. In America the units enjoy more powers as compared to the Central government. In Switzerland also the Cantonal governments are more powerful than the Central government. But knowing all this the Indian Constitution allotted more powers to the union government and the states were given an insignificant position.
Dr. Basu is of the opinion that “The Constitution of India is neither purely federal, nor purely unitary, but is combination of both.” In the words of K.C.Wheare, “The Indian Constitution establishes a system of government which is at the most quasi-federal and revolutionary in character; a unitary state with subsidiary federal features rather than a federal state with unitary features.”
Question 2.
What are the major characteristics that made the Indian Constitution a Federal Constitution?
Or
Describe the major characteristics of Indian Federal System.
Answer:
Following are the main features of Indian federation:
1. Division of Powers:
The Constitution of India has established two forms of governments-union government and state governments. The Constitution distributes powers between these two sets of governments. There are three lists of powers in the Constitution-
- Union list,
- State list and
- Concurrent List.
The Union list consists of 97 subjects: 42nd Amendment inserted 2 A in the Seventh Schedule of the Constitution. In the union list those subjects have been included on which the central parliament can pass laws or levy taxes e.g. Defence, Atomic energy, Foreign affairs, War and Peace, Railways, Navigation, Post and Telegraph, Banks, Insurance, Census, Income-tax, Customs, Estate duty etc.
There are 66 subjects in the State list. In the State list those subjects are included on which, normally, the state legislature can pass laws or levy taxes, e.g., police, jails, local government, agriculture, forests, public services of the states, revenue, income- tax on agricultural income, professional tax, etc.
The Concurrent list consists of 47 subjects. The subjects included in the Concurrent list are criminal law, criminal procedure, marriage and divorce, bankruptcy, civil procedure, administration of , justice, forests, protection of wild animals and birds, population control and family planning, education, weights and measures except establishment of standards, etc.
On these subjects both the centre and the states can pass laws, but if there is a clash between a law of the centre and that of the State or States, the latter will automatically be null and void to the extent it comes into clash with the law of the Centre. The residuary powers have been given to the Centre by the Constitution.
2. Written Constitution:
The Indian Constitution is written and rigid. The Indian I Constituent Assembly sat from December 9, 1946 to November 26, 1949 to frame the Constitution of India. Every Article of the Constitution was passed after due ! consideration. Indian Constitution consists of 395 Articles and 12 Schedules.
3. Rigid Constitution:
The Constitution of India is also a rigid one. It is said that the Indian Contitution had adopted the middle course of the flexible and rigid Constitution. Certain articles of the Indian Constitution can be amended by the Parliament with simple majority only e.g. the Articles concerned with the formation of new states, scheduled castes and scheduled tribes, allowances of the members of parliament, Indian citizenship, etc. The remaining Constitution can be amended in accordance with the procedure laid down in Article 368.
The Constitution according to this Article can be amended by absolute majority and 2/3rd majority of the members present and voting in both the houses separately. But if the amendment is concerned with the articles mentioned in the Article 368, the approval of 50% of the states will be required in addition to the above written process in the parliament. The procedure of amendment given in Article 368 i.e., special majority in both the houses and approval of 50% states for some articles cannot, in any case, be called the simple procedure rather it is a special procedure because of which the Constitution of India is rigid.
4. Supremacy of the Constitution:
The Constitution in a federation is always kept supreme. The supremacy of the Constitution has been maintained in India too. The central and the state governments in India have to act in accordance with Constitution as the latter is above the government. The power of judicial review is kept in order to maintain the sanctity of the supremacy of the Constitution.
5. Supremacy of the Judiciary:
In a federal system of government, the judiciary is given a special place. The Indian Constitution establishes a powerful and independent judiciary in India. It decides disputes between the Centre and the States. It interprets the Constitution also. The interpretation of the Constitution given by the judiciary is considered final and the most authentic. It can declare any law unconstitutional if it is not in tune with the provisions of the Constitution.
6. Bicameral Legislature:
Bicameral system of legislature is also another important feature of a federal system of government. The Indian parliament also consists of two chambers-the Lok Sabha and the Rajya Sabha. The Lok Sabha is the lower chamber and it represents the masses.The Rajya Sabha is the second chamber and it represents the states. The Rajya Sabha is a permanent chamber and it cannot be dissoved. The members to the Rajya Sabha are elected by the state legislatures. Each state elects a fixed number of members to the Rajya Sabha.
7. Dual Polity:
India has two governments functioning at two different levels—the national or the federal government, on the one side, and the government of each component state, on the other. The state government draws its authority not from the federal government but from the Constitution of India, the same source from which the federal government draws its powers.
Question 3.
What are the major characteristics that made the Indian Constitution a Unitary Constitution?
Answer:
Though all the characteristic features of a federation are present in India, yet the word, ‘Federation’ does not occur anywhere in the text of the Constitution of India. According to Art. 1 of the Constitution, “India shall be a Union of States.” The founding fathers purposefully avoided the word ‘Federation’. Art. 1 of the Constitution created a federation by describing India as a ‘Union of States’. In other words, our federation is a Union of States.
There are very strong trends towards the unitary government as the centre has been made very powerful. Moreover, in emergency, the form of government changes from federal into unitary because of which it is said that the form of government in India is federal in peace but unitary in emergency. The trend towards unitary government is clear from the following factors:
1. Division of Powers in favour of Centre:
The Indian Constitution has distributed the powers between the centre and the states in such a way that centre has become stronger than the states. The central government gets the lion’s share of the powers. Most important and almost all important subjects have been included in the union list. If there is a clash over a subject in the concurrent list between the centre and the states, the will of the centre will prevail.
2. Encroachment over the State list by the Union Government:
There are so many provisions in the Constitution with the help of which the centre can interfere with the powers of the states and can exercise these powers,
- The Parliament by ordinary majority can change the names and boundaries of the states. It can create and abolish legislative councils in states.
- Rajya Sabha can transfer a state subject in favour of the centre in the name of the national interest. It is to pass such a resolution by 2/3rd majority. Rajya Sabha is a part of Centre,
- The Central Executive can give directions to the state executive from time to time. The powers of the state executive can be used this way by the Centre,
- The parliament can make law on any subject in order to enforce a treaty or an agreement entered into between India and any other foreign power. The subject may be a Central subject or a State subject.
- Many government officials are appointed in the States on behalf of the Central Government,
- Some bills can be introduced in the State Legislature only by the prior permission of the President of India.
- Some bills after they are passed by the state Legislature are to be sent to the President of India for his assent,
- The state governors are appointed by the President of India. He is in fact an agent of the Central Government.
3. Influence of the Union Executive over the State Executive:
There are certain provisions in the Constitution with the help of which the union executive can exert a great degree of influence over the state executive. The union executive can also interfere in the working of the States:—
(i) The Governor of a State is appointed by the President of India. The entire state administration is run in the name of the Governor. The Governor is the head of the State as well as the agent of the Central Government. The Governor remains in office during the pleasure of the Central Government. In order to remain in office the governors are to act in acordance with the wishes of the Central Government.
(ii) There is large number of civil servants who work in the States but their appointment, promotion and dismissal is controlled by the Central government. These officials belong to the All India Services and occupy the important offices of the administrative machinery of the States.
(iii) The Central Government issues orders to the states from time to time. It is mentioned in the Constitution that the Government should exercise its powers in such a way that it does not come in clash with the Central Government in any way.
(iv) The President of India can issue the state essential orders regarding the protection of railway lines and other means of communication.
4. No Separate Constitution of the State:
In America and Switzerland the States have their own separate Constitutions and in them everything regarding the system of administration in the States is mentioned. The units can amend the Constitution according to their own sweet will. But in India except the state of Jammu and Kashmir, no other state has its own Constitution. Everything concerning the states’ administration has been mentioned in the Constitution of India. Dr. Ambedkar said, “The Constitution of the Union of States is a single frame from which neither can get out and within which they must work.”
5. Change in the boundaries of States:’
The Constitution of India empowers the parliament to change the boundaries of the existing States or create new States or change the names of the States on the recommendation of the President. In fact this has happened in India. In a perfect federation this cannot happen. The Central Government has no right to change boundaries of States and as such it is a departure from federal set-up.
6. Amendment in the Constitution:
It is said that the Constitution of India is rigid but the States do not play an important role in the amendment of the Constitution. First, only a part of the Constitution is rigid and for making amendment in this part the approval of half the States of India is required. While making amendment in other parts of the Constitution, the approval of the States is not at all required.
Secondly, resolution regarding the amendment of the Constitution can only be initiated by the parliament and not by the state. Both in America and Switzerland the units have the right to initiate an amendment to the Constitution. In India the State cannot initiate an amendment to the Constitution even if it conerns the State administration.
7. Unequal representation of the States in Rajya Sabha:
An important feature of federalism is that the States should get equal representation in the second chamber of the legislature. In a federation upper chamber secures an equality of representation to federating units irrespective of their size and population. In India, on the other hand, the States are represented in the Rajya Sabha not on the principle of equal representation but on the basis of population of every State. This is a fundamental departure from the federal principle.
8. Single Citizenship:
Normally there is double citizenship in a federation just like the U.S.A. But in India there is single citizenship, i.e. all the citizens of all the States are equally good citizens of India. This factor also indicates the trend towards the unitary government.
9. Uniformity in certain fundamental principles:
The Indian Constitution has displayed uniformity in certain fundamental principles which is not found in many other federal countries.
(i) The Constitution of India provides for a single integrated judicial system for the whole of India. The Supreme Court and the High Courts are links in the same chain. There are no two sets of laws but single civil and criminal code for the entire country. This is clear violation of the federal principle.
(ii) In the whole of the country there functions the same Election Commission, Finance Commission and the Comptroller and Auditor General. The States do not have their separate Election Commissions and Comptroller and Auditor Generals.
(iii) In the whole of India the members of All India Services serve both in the States and the Centre.
All the above mentioned things give an indication that there exists a unitary from of government in India.
10. Constitution does not mention the word federation:
The Indian Constitution does not make use of the word ‘federation’. It makes use of he word ‘Union’ in place of the word ‘federation’. The word ‘Federation’ points towards the autonomous status of the States but the word ‘Union’ does not lay stress upon the autonomous status of the States. The word Union points towards the supremacy of the Central Government. We can also say this thing that Indian federation is not formed in the way in which American federation has been formed. The Indian federal union was formed by those States which were under the Indian Union previously. Under such circumstances it is but natural that the union government should establish its own supremacy.
11. Unitary government in time of emergency:
During emergency the federal government can be changed into a unitary government. It is the President of India who proclaims emergency in the State and such an emergency order is to be approved by the parliament. The States are not consulted in this case. During emergency the President of India can take over the administration of all the States under his own control and the parliament gets the authority of framing all types of laws.
When an emergency is declared because of external aggression, war, armed rebellion or a threat of any of them, the form of government will change from the federal to unitary which implies that the centre will be empowered to exercise the legislative and executive powers of the States. During financial emergency and during the failure of State constitutional machinery the powers of the Centre increase.
12. Centralised Planning. In India, planning is centralised:
The Prime Minister is the chairman of the NITI Aayog and other members are appointed by the centre. According to K.S. Santhanam, “Planning has superseded the federation and our country is working as a unitary system in many respects.”
Real Position:
The Indian Constitution has federal features as well as unitary features. But the controversial point is whether Indian Constitution should be called federal or unitary. Mr. P.T. Chacko said, “What the Constitution would establish in the form of a federation is a federal type of State in which the central government has been given more powers.” During emergency the central government becomes more powerful.
During peace time India is very much a federal State. Whatever powers have been granted to the States by the Constitution they can excercise it according to their own sweet will. The Centre cannot interfere in the working of the administration of the States. But if the constitutional machinery fails in a State, or there are internal riots in the State, or there is danger of an external aggression then the central government takes away all the powers.
In the end we can conclude that the Constitution establishes a federal type of government in India. But during emergency it can be changed into unitary type of State in order to face the crisis. So the Constitution of India is federal in form and unitary in spirit.
Question 4.
Why has a strong centre been established in Indian Federation?
Answer:
Indian Constitution establishes a federation, but at the same time strong centre is established. The factors behind making the Centre strong in the Indian Constitution were mentioned by Pt. Nehru as the Chairman of the Union Power Committee in the Constituent Assembly. He pointed out that a weak Centre can’t establish peace and order, nor can it co-ordinate common issues, nor can it represent the entire country in the international sphere. Following are the reasons for making the Centre so powerful:
1. Need of Strong Centre to face the Different Problems of the Country:
When Indian Constitution was being prepared, the country was facing many problems such as communal riots, Kashmir problem, problem of refugees, economic problems, etc. Only strong centre can solve all these problems. Hence, strong centre was established.
2. Strong Centre needed to face the external aggression:
Our founding fathers were aware of the fact that Pakistan may create problems by creating disturbances in the States if a weak centre is established. It was felt that only a strong Centre can meet the external foes. The Centre must be very powerful to meet any invasion successfully.
3. Responsibility of the Centre to defend and protect every part of the country:
It is the reponsibility of the Central Government to defend and protect every part of India. The Centre is to see that situation of law and order in the State is quite normal. To meet all these needs it is essential that Centre should be made very powerful. The Centre cannot face the crisis if it is not armed with full powers. It is why the Central Government can take over the administration of the entire States in its own hands during Emergency.
4. Communalism:
To curb communalism strong Centre was needed, “An equally forceful influence towards centralisation,” says Granville Austin, “was the national pre-occupation with communalism from the late twenties until partition…” And when communal demands did take federal forms as in the case of the Muslims, the explosiveness of the mixture made the Congress leaders more wary of the concept of provincial autonomy as well as of the communalism itself. In such an atmosphere unity gained further significance.
5. Social Revolution:
Another reason for a strong Centre, as given by Austin, was necessitated by the goal of social revolution for which a divisive formula was not quite suitable for India. There must be a strong Centre to think and plan for the well-being of the country as a whole which meAnswer:..having the authority…to co¬ordinate (and)…power of initiative. It should be in a position to supply the wherewithal to the provinces for the better administration whenever the need arises.
6. Partition:
Moreover, the partition had its effect. If India not been partitioned at the time it got its freedom, there would certainly have been far fewer features of centralisation in the Indian Constitution than we find today. By providing an example of the dangers inherent in separatism, it served to unite the Indians. So the Constitution makers did their best to provide a long arm to Centre to curb the fissiparous tendencies arising anywhere in the country in future.
7. Lesson from the Long History of India:
States cannot be granted complete autonomy because it proves harmful sometimes. The Central Government has been made more powerful on the basis of the exeperience of the past. Ther is a danger of the disintegration of the country if States are given frill autonomy. In U.S.A. once the States tried to scede themselves from the Centre: In India the people have sharp differences on the basis of religion, caste and language and there is always a danger of States having separatist tendencies.
8. Strong Centre needed to play effective role in International sphere:
It is most essential to make the Centre strong in the present age. Now-a-days different countries of the world have come closer to one another. Each State is to maintain various types of relations with other States. No State can gain importance in the ’ international sphere if the Centre is not strong.
9. Tendency towards Centralisation:
The Constitution makers were also aware of the modem trend towards Centralisation. Even the framers of the American Constitution as observed by Prof. Carr represented a substantial step towards centralised government and the first years after the adoption of the new Constitution continued to be marked by strong nationalist tendencies. While these (formative) periods have not followed one another in orderly fashion, in the long run there has been a tendency for the periods expanding national power to last longer and to have more permanent effects on national, political and economic affairs.
Due to all these reasons Centre was made very strong. Before the fourth general election in the Centre as well as in almost all the States the Congress Party was in power. The dominance of the Congress Party made Centre very powerful.
Short Answer Type Questions
Question 1.
Write the distribution of Powers in Indian Federalism.
Answer:
The Constitution of India very clearly distributes the powers between the centre and the states. There are three lists of powers between the centre and the states, given in the Constitution:
- The Union List. There are 97 Subjects in the Union List. Only union government can make laws on these subjects. The main subjects are-Railways, Post and Telegraph, Coinage and Currency, Defence and Foreign Affairs.
- The State List. There are 66 subjects in this list. The state governments can make laws on them. The main subjects are-law and order, police, agriculture, irrigation and public works.
- The Concurrent List. There are 47 Subjects in the Concurrent List. On these subjects both the centre and the states can make law. But if the two laws are contradictory, the laws of the Centre prevail.
Question 2.
Give four unitary features of the Constitution of India.
Answer:
Following are some of the Unitary features of the Constitution of India.
- Centre is very strong.
- There is single citizenship in India.
- Governors are appointed by the President.
- Single tmified judiciary.
Question 3.
Under what circumstances the Union Parliament can make laws on the subjects given in the State List?
Answer:
The Union Parliament can make laws on the subjects given in the State list under the following circumstances:
1. At the Resolution of Rajya Sabha. The Union Parliament will be authorised to pass a law on a subject of State List about which the Rajya Sabha passes a resolution with 2/3 majority of the members present and voting saying that subject has attained national importance.
2. At the request of two or more States. Article 252 empowers Parliament to legislate on a matter in the State list if two or more States desire that any of the matter in the states list be regulated by the Parliament.
3. The Parliament is empowered to pass laws on the State for the State in which emergency has been proclaimed because of the failure of Constitutional machinery.
4. The Parliament has the authority to pass laws on any subject of the State list during the emergency proclaimed because of war and external aggression etc.
Question 4.
What was the need of a Strong Centre with a Federation India?
Answer:
Following are the reasons for making the Centre so powerful:
1. Need of Strong Centre to face the Different Problems of the Country. When Indian Constitution was being prepared, the country was facing many problems such as communal riots, Kashmir problem, problem of refugees, economic problems etc. Only strong Centre could solve all these problems. Hence strong Centre was established.
2. Strong Centre needed to face the External Aggression. Our founding fathers were aware if the fact that Pakistan may create problems by creating disturbances in the State of a weak Centre is established. It was felt that only a strong Centre can meet the external foes. The Centre must be very powerful to meet any invasion successfully.
3. Responsibility of the Centre to Defend and Protect every part of the Country. It is the responsibility of the Central Government to defend and protect every part of India. To meet all these needs it is essential that Centre should be made very powerful.
4. Communalism. To curb communalism strong Centre was needed.
Very Short Answer Type Questions
Question 1.
Write the distribution of Powers in Indiap Federalism.
Answer:
The Constitution of India very clearly distributes the powers between the centre and the states. There are three lists of powers between the centre and the states, given in the Constitution: 1. The Union List 2. The State List 3. The Concurrent List.
Question 2.
Write a note on Union List.
Answer:
There are 97 Subjects in the Union List. Only union government can make laws on these subjects. The main subjects are-Railways, Post and Telegraph, Coinage and Currency, Defence and Foreign Affairs.
Question 3.
Write a note on State List.
Answer:
There are 66 subjects in this list. The state governments can make laws on them. The main subjects are-law and order, police, agriculture, irrigation and public works.
Question 4.
Write a note on Concurrent List.
Answer:
There are 47 Subjects in the Concurrent List. On these subjects both the centre and the states can make law. But if the two laws are contradictory, the laws of the Centre prevail.
Question 5.
Give two unitary features of the Constitution of India.
Answer:
Following are some of the Unitary features of the Constitution of India.
- Centre is very strong.
- There is single citizenship in India.
Question 6.
Under what circumstances the Union Parliament can make laws on the subjects given in the State List?
Answer:
1. At the Resolution of Rajya Sabha. The Union Parliament will be authorised to pass a law on a subject of State List about which the Rajya ’ Sabha passes a resolution with 2/3 majority of the members present and voting saying that subject has attained national importance.
2. At the request of two or more States. Article 252 empowers Parliament to legislate on a matter in the State list if two or more States desire that any of the matter in the states list be regulated by the Parliament.
Question 7.
What was the need of a Strong Centre with a Federation India?
Answer:
Following are the reasons for making the Centre so powerful:
- Need of Strong Centre to face the Different Problems of the Country.
- Strong Centre needed to face the external aggression.
One Word to One Sentence Answer Type Questions
Question 1.
Name the first Country where federation was established?
Answer:
United Statea of America.
Question 2.
Mention the names of four countries where federation exist?
Answer:
India, U.S.A., Switzerland and Canada.
Question 3.
Write one basic feature of federation.
Answer:
Division of powers between the Centre and the States.
Question 4.
When Article 370, Abrogated from Indian Constitution?
Answer:
5-6 August, 2019.
Fill in the blanks
1. The Constitution in a ………… is always kept supreme.
Answer:
Federation
2. Normally there is ………….. citizenship in a federation.
Answer:
Double
True or False statement
1. In India, planning is centralised.
Answer:
True
2. In Indian Constitution has federal features as well as unitary features
Answer:
True
Choose The Correct Answer
Question 1.
Which one of the following is not a feature of Indian federation?
(A) Written Constitution
(B) Supremacy of the Constitution
(C) Distribution of Powers
(D) Dual Citizenship.
Answer:
(D) Dual Citizenship.