Ashi SharmaAIR 12 · CSE 2024 · 294 wordsTheir whole copy
Opening · a constitutional or legal provision
Article 1 states that India is a union of states highlighting its quasi federal nature which is most evident in the executive space.
Principle of federal supremacy Gives supremacy to the union over the states in certain matters to ensure unity & integrity of the nation.
Body · points and prose
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
Close · a way forward
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.