Thursday, 28 January 2021

FEDERALISM

 

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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