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Showing posts with the label federal system

India's Asymmetry Federalism

Indian Constitution provide a great distinction for sharing of power between centre and states. Even though the word "Federal" is not found any where in the nations holy  book . But it continues to be existed in nature of polity. Before 1970 the indian politics is largely dominate by one party. These parties are charged by leadership whose vision  is strong centre. The centre leadership is filled by proven track record of state leaders or by loyal personalities.  When ever there is vaccum among the equation between state ad centre this created a tussle between governments. This rift continue to appear even after 1991 economic liberalization. Federalism was put to test during time of crisis. The court judgements and civil interests pushed the scope of federalism with more inclusive principles then the central authoritarian trends. In rare cases centre is in position of deciding the course and opt for its interest. This interest can be inclusive or can be exclusive....

Principles of Federal Supremacy and Harmonious Construction

The 5 principles laid down by Supreme Court on the rule of harmonious construction in the landmark case of CIT Vs Hindustan Bulk Carriers. On case by case basis the courts with held the supremacy of the federal structure some time giving weight to center and sometime to state. The distribution of legislative power between the center and the states is the most important aspect of Indian federal structure.                                                                7th schedule of the constitution had made elaborate provisions for division of legislative powers through lists (List 1-Union, List 2-State, List 3-Concurrent list). Even though lists are clearly itemized, some overlapping nature of these lists will lead to conflicts.For Example: Animal Husbandry Vs Prevention of Cruelty against animals.   ...