Federalism (India’s Special Type)
Medium (Application & Explanation)
1. How does the Constitution divide powers between the Centre and the States? Explain with examples.
Answer:
- India has a written Constitution. It is the supreme law.
- Powers are split by the Seventh Schedule.
- The Union List covers subjects like defence, foreign affairs, currency.
- The State List covers police, health, agriculture, local transport.
- The Concurrent List covers education, marriage, forests, where both can make laws.
- If there is a conflict on a Concurrent subject, the Union law prevails.
- This clear division keeps duties organized and predictable.
2. Why is India called “federal in form but unitary in spirit”?
Answer:
- India has two levels of government and divided powers. That is federal.
- But the Centre is stronger than the States in many areas.
- During emergencies, the Centre can take over state powers (Article 356).
- The Centre can also change state boundaries through Parliament.
- There is single citizenship, not separate state citizenships.
- These show a unitary bias, even within a federal structure.
- So, India is federal in form, but unitary in spirit.
3. What is the role of the Supreme Court in maintaining Indian federalism?
Answer:
- The Supreme Court is the guardian of the Constitution.
- It solves disputes between the Centre and States, or between States.
- It checks if any law violates the division of powers.
- It protects the basic structure and constitutional supremacy.
- If a State feels the Centre is interfering, it can go to the Supreme Court.
- This ensures fairness, balance, and rule of law in the union.
4. Explain financial federalism in India. How did GST change Centre–State relations?
Answer:
- The Constitution shows who can tax what.
- The Centre collects taxes like Income Tax, Customs, Excise.
- The States collect land revenue, stamp duty, and earlier sales tax.
- With GST, many taxes were merged and are now shared.
- Both Centre and States get GST revenue. There is a GST Council too.
- This brings cooperation, but also needs coordination and trust.
- It supports uniform taxation and common markets in India.
5. What is India’s three-tier structure? How did the 73rd and 74th Amendments strengthen federalism?
Answer:
- India has three levels: Union, State, and Local governments.
- Local bodies are Panchayats (rural) and Municipalities (urban).
- The 73rd and 74th Amendments gave constitutional status to them.
- They promote decentralization and people’s participation.
- Local bodies handle basic services like water, sanitation, and roads.
- They bring government closer to the people.
- This makes Indian federalism more inclusive and effective.
6. Why does the Constitution use the term “Union of States” in Article 1? What does it imply?
Answer:
- Article 1 says, “India… shall be a Union of States.”
- The word Union was chosen deliberately.
- It means India is indestructible. States cannot secede.
- The Union has more strength in certain matters.
- It shows unity is above regional division.
- It still respects state autonomy within the Constitution.
- So, it balances unity with diversity.
High Complexity (Analysis & Scenario-based)
7. A State passes a law on education that conflicts with a Central law. What happens? Explain using the Concurrent List.
Answer:
- Education is in the Concurrent List. Both can make laws.
- When there is a conflict, the Union law prevails.
- The State law may stand only if it got Presidential assent.
- Even then, Parliament can override it later.
- This rule keeps uniformity in important areas.
- It also allows State innovation with constitutional checks.
- Thus, the Concurrent List balances flexibility and consistency.
8. Suppose Parliament wants to create a new State by dividing an existing one. Explain the process and its federal implications.
Answer:
- Parliament can change boundaries or create states by law.
- It seeks the views of the affected State legislature.
- But the final power rests with Parliament.
- Example: Telangana was created from Andhra Pradesh in 2014.
- This shows the strong Centre within the federation.
- It helps manage diversity and regional demands peacefully.
- Yet, it must be done with dialogue, to keep federal trust.
9. During President’s Rule under Article 356, how do Centre–State relations change? Evaluate benefits and risks.
Answer:
- Under Article 356, the Centre may take over a State’s functions.
- It happens if the State government cannot function as per the Constitution.
- It can ensure stability and law and order in crises.
- But it may reduce state autonomy and voice of the voters.
- The Supreme Court reviews misuse to protect federalism.
- It should be used rarely and with clear reasons.
- Balance is needed between unity and state rights.
10. A State alleges the Centre is interfering in “police,” a State List subject. What constitutional remedies are available?
Answer:
- Police is in the State List. States should control it.
- If the State feels interference, it can go to the Supreme Court.
- The Court checks the division of powers and legality.
- The State can also raise the issue in Inter-State councils or Parliamentary committees.
- It may seek political negotiation and cooperative federalism.
- If a law is unconstitutional, it can be struck down.
- This protects state authority within the Constitution.
11. Compare “single citizenship” in India with dual citizenship in some federations. How does it affect unity and diversity?
Answer:
- India has single citizenship: only Indian citizenship.
- In some federations (like the USA), there is dual citizenship.
- Single citizenship promotes national unity and equal rights.
- It avoids legal confusion across states and UTs.
- But it still allows state diversity in culture and policies.
- It fits India’s goal of integration with federal autonomy.
- Thus, it supports a strong nation with local identities.
12. “Indian federalism works because of constitutional supremacy and elected governments.” Do you agree? Give reasons and examples.
Answer:
- The Constitution is supreme. All governments must obey it.
- It divides powers and gives clear roles to each level.
- The Supreme Court protects this setup and solves disputes.
- Both Union and States are elected by the people.
- Local bodies are also recognized by the 73rd/74th Amendments.
- This creates accountability, representation, and stability.
- So yes, constitutional supremacy and elections make it work.