From the resolution of contentious issues regarding distribution of legislative powers by the courts, ‘Principle of Federal Supremacy’ and ‘Harmonious Construction’ have emerged. Explain.

Constitutional provisions (1) Office of governor: who is appointed by the union as its representative in the state enjoys:

• powers
  • discretionary (article 163)
  • withhold bill for president (article 201)
  • recommend imposition of presidential rule (article 356)
  • appoints vice chancellors

② All India service: officers are appointed by the union and serve in the state and can be removed only by the president.

③ Advisory role: the union government can issue advisories to the state on subjects such as maintainence of railways, welfare of tribals, etc.

④ Emergency powers: Under article 352 the entire polity is turned into a unitary state and under article 356, state government is dismissed for failure of constitutional machinery.

Case Laws

① In the recent SC judgement on abrogation of special status of J&K, the SC upheld the union government's authority to dissolve a state

② In the NCT Case the SC recognised Lt Governor of Delhi as the final executive authority.

Resolution of contentious issues

1 Institutional forums: like the Inter State Council and zonal councils can act as forum for dialogue.

2 Judiciary: the SC under article 131 enjoys original jurisdiction over intergovernmental disputes. Recently SC ruled royalty is not a tax, giving financial power to states

3 NITI's Ayog: strives to encourage cooperative federalism through its governing council

Federalism is part of the basic structure of the constitution (SR Bommai case), we must practice cooperative & enabling federalism rather than combative & extractive federalism.