FEDERALISM
Federalism is a system of government in which the individual
states of a country have control over their own affairs, but are controlled by
a central government for national
affairs. Some examples of this system of
Government are the United States, Canada and India. However, they are no
exactly like each other.
According
to Part I o the Indian Constitution, the Union of India, that is Bharat, is a
federal Union, with a distribution of power, of which the judiciary is the
interpreter.
Thus, India has a central government
which makes laws for the whole country. There are 28 States and 8 Union
Territories as on 5th August 2019. Some states like the Uttar
Pradesh are very big, while others are very small like Goa Similarly the Union
Territories also differ in size and population. The smallest Union Territory is
Lakshadweep.
Each State/Union Territory has its
own type of natives, history, geography, culture, occupations, dress, language,
festivals, food habits and beliefs.
The Head of the Federal Union of
India is the President. The Heads of States are Governors and the Heads of
Union Territories are Lieutenant Governors. Chandigarh has an Administrator as
its Head. The appointments of Governors, Lieutenant are made by the President
for a fixed term.
There are three types of laws.
Central laws, State laws, U.T. laws. The Central Government makes central laws
through the Lok Sabha and Rajya Sabha and these are mandatory for the whole
country, like laws about Defence, Railways, Currency, Post offices, National
Education Policy, National Language, National Criminal and Civil Codes, etc.
The State Government makes its laws through State Assemblies and Legislative
Councils. Some laws like Education Policy, State Language, State Transport, can
be made by the State without the interference of the Central Government.
All laws should be true to the
provisions of the Constitution of India. Any law which violates any of these
provisions can be challenged in courts, including High Courts of respective
States and the Supreme Court of India which is the Top Court of the Land .
No State UT law becomes valid
without the approval of the Governor/Lieutenant Governor and the National Law
without the approval of the President of India.
Under Federalism, it is desirable
rather imperative for the Central Government to consult the States/UTs while
making any new law or amending any old law. Unnecessary interference in the
autonomy of the State/UT is expected to be avoided.
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