Q.1. The federal features of the Constitution of India are explained below.

1. Dual Polity
The Constitution establishes a dual polity consisting the Union at the Centre and the
states at the periphery. Each is endowed with sovereign powers to be exercised in the
field assigned to them respectively by the Constitution
2. Written Constitution
The Constitution is not only a written document but also the lengthiest Constitution of
the world. Originally, it contained a Preamble, 395 Articles (divided into 22 Parts) and 8
Schedules. At present (2019), it consists of a Preamble
3. Division of Powers
The Constitution divided the powers between the Centre and the states in terms of the
Union List, State List and Concurrent List in the Seventh Schedule. The Union List
consists of 98 subjects (originally 97), the State List 59 subjects (originally 66) and the
Concurrent List 52 subjects (originally 47).
4. Supremacy of the Constitution
The Constitution is the supreme (or the highest) law of the land. The laws enacted by the
Centre and the states must conform to its provisions. Otherwise, they can be declared
invalid by the Supreme Court or the high courts through their power of judicial review .
5. Rigid Constitution
The division of powers established by the Constitution as well as the supremacy of the
Constitution can be maintained only if the method of its amendment is rigid.
6. Independent Judiciary
The Constitution establishes an independent judiciary headed by the Supreme Court for
two purposes: one, to protect the supremacy of the Constitution by exercising the power
of judicial review.
7. Bicameralism
The Constitution provides for a bicameral legislature consisting of an Upper House
(Rajya Sabha) and a Lower House (Lok Sabha). The Rajya Sabha represents the states of
Indian Federation, while the Lok Sabha represents the people of India as a whole.

1
Q.2 Examine the Union-State Administrative Relations in India.

In theory both the Centre and States are independent of each other in administrative
sphere. In practice, however, the Centre exercise some powers over States. It is exercised
in two ways: Firstly the Centre exercises administrative control over States. For example:
in the U.S.A, it is the duty of Federal Government to see that the Republican form of
Government is maintained in all states. In Canada the Centre can even veto a law passed
by State legislature. Secondly, in some federations, the Centre can interfere in the
administrative affairs of State. It can even use armed forces to suppress rebellions and to
maintain law and order. Example are the U.S.A, Switzerland and India
India:
In India the Centre exercises control over States in administrative matters in three ways.
They are..
(a) Directions to the State Governments: (1) The Centre can give directions to States to
ensure compliance with the laws made by Parliament. (2) It may direct States in the
construction and maintenance of communications that are of national importance and (3)
The President may establish Inter-State Councils to remove differences that arise
between Centre and States.
(b) Deligation of Functions: The President may deligate some functions to states which
in theory are to be performed by the Centre.
(c) All India Services: Federal States is a dual polity with dual services. It means as there
are two sets of Governments, there should be two kinds of services also one for the
nation and the other for states. The I.A.S., I.P.S., officers etc, are appointed and controlled
by the Centre, but they actually work in States.
Lastly, the President can take over State's administration if there is a constitutional
breakdown in a state

1
Q.3 Examine the union-state legislative relations in India.
In a federal state legislative powers of the Centre and the States are clearly defined by
the Constitution. There are two methods by which legislative powers are distributed
between Centre and States in a federation. They are: (a) The powers of Central
Government are defined and all the residuary (remaining) powers are given to States.
This method is followed if the makers of the Constitution want to create strong States
and weak Centre. Examples are U.S.A. (eighteen specific powers are given to Centre), old
U.S.S.R., Switzerland and Australia (b) Powers of State Governments are defined and the
remaining powers are left to Centre. This method is followed when the makers of the
constitution want to create a strong Centre and weak States. Example is Canada: But
such separation is not to be found as far as the execution of laws is concerned. Two
methods are followed for the execution of federal laws. Firstly federal laws are enforced
in the States by the federal officers who are specially appointed for this purpose,
[Link] Brazil are examples. Secondly federal laws are enforced by the state officials
themselves. India, Swizerland and Australia are examples. The Centre, however, may
give directions to States regarding the execution of federal laws.
India
India follows a different method. There are three lists in the Constitution. (1) Union list:
It consists of 97 items (at present 99) and the union (Centre) has supreme powers over
this list. (2) State list It consists of 66 items (at present 61) and states have supreme
powers over this list. By the 42nd Amendment of the Constitution the number is reduced
to 61. Weights and measures, wild life etc. are transferred to Concurrent List (3)
Concurrent list: It consists of 47 (at present-52) items and both the Centre and the states
have powers over this list. If however, both the Centre and States pass a law on a subject
included in this list, Centre's law prevails over State's law. By 42nd Amendment of the
Constitution the number is increased to 52,
Theoretically Parliament is empowered to pass laws for the entire nation and states are
empowered to pass laws within their provincial limits. In some cases Centre can make
laws on the matters included in the State-list. (Article 249-253). They are as follows: (a)
if Rajya Sabha declares by 2/3 majority that a subject included in the state list is of
national importance (b) during emergencies, (c) With the consent of State Governments.
(d) For implementing any treaty agreement with foreign powers the Centre can pass
laws on any subject whether it is included in the State list or Concurrent list.

1
Q.4 Examine the Union -State Financial Relations in India.
The essence of federalism is the distribution of powers between States and Centre. This
distribution of authority becomes real and effective only when the resources also are
distributed properly. Otherwise States are forced to depend on the Centre helplessly. It is
well said that financial independence is a large part of general independence. It many
federations States receive help from the Centre These relations are conducted in
different ways: (1) In the U.S.A resources of the federal authority and the States are
clearly mentioned in the constitution. But now the Centre gives grants to States for the
development of education, agriculture etc. (2) In Canada, Centre contributes finances to
States. (3) In Switzerland Cantons (States) contributes finances to the Centre.
India:
The Indian Constitution clearly defines the sources of revenue of both the Centre and the
States. Twelve items (customs, excise duty etc) are given to the Centre and nineteen
items (land re- venue, stamp duty, electricity etc) are given to States. Union Government
gives loans to States for the development of education, agriculture etc.
However, in practice, Centre exercises many powers over States in financial matters.
(A) Centre alone can borrow from foreign countries. States can borrow within the
nation only. So the resources of the Centre are almost unlimited;
(B) If there is a financial crisis in the nation, the President may give instructions to States
and can control their economic activities.
(C) Comptroller and Auditor General of India is appointed and controlled by the Centre
but he audits the accounts of States and prescribes the form in which the States accounts
are to be maintained.
With the introduction of planning, the Centre is becoming more and more powerful and
States are hopelessly dependent on the Centre for loans, grants and financial assistance.
Hence even over State list the Centre exercises much authority, control and influence
Conclusion: This problem, however is not peculiar to India only, it has become a
universal feature. Even in the U.S.A. which is supposed to be the best example of the
federal state, the Central is becoming powerful day by day. Developments in science,
social, economic and political conditions prevailing in the countries the concept o
welfare state and the invention of atom bomb etc, have adde enormous powers to the
Centre.

1
Q.5 Explain the recent trends in Federation..
The traditional concept of Federation has been changing in recent time. In almost all
federal states there is a growth of central government's power. In recent times the
functions of the provincial units have also expanded. This trend is indicated by the new
concept of "New Federation which can notes a return of some power and central to the
state. It seeks to make even local government an integral part of government process. To
-day we have "co-operative federation" which emphasized the Independence and co-
operation between the Central Government and the State Governments.
The following are the factors contributed for the tendency of centralization of powers:
1. The Central Government's greater Financial resources.
2. The wards of 20th Century
3. National emergencies and calamities.
4. Judicial decisions and interpretation strengthening the Central Government.
5. The growth of social and welfare activities.
6. The mechanical revolution in transport and industry.
7. The complex and complicated affairs of Modern State.

Q.6 .Sarkaria Commission

In 1983, the Central government appointed a three-member Commission on Centrestate

relations under the chairmanship of R.S. Sarkaria, a retired judge of the Supreme Court.
The commission was asked to examine and review the working of existing arrangements
between the Centre and states in all spheres and recommend appropriate changes and
measures. It was initially given one year to complete its work, but its term was extended
four times. It submitted it's report in 1988
The Commission made 247 recommendations to improve Centre- state relations. The
important recommendations are mentioned below.
1. A permanent Inter-State Council called the Inter-Governmental Council should be set
up under Article 263.
2. Article 356 (President's Rule) should be used very sparingly, in extreme cases as a last
resort when all the available alteratives fail.
3. The institution of All-India Services should be further strengthened and some more
such services should be created.
4. The residuary powers of taxation should continue to remain with the Parliament,
while the other residuary powers should be placed in the Concurrent List
5. When the president withholds his assent to the state bills, the reasons should be
communicated to the state govemment
1
Q.7. M.M. Punchhi Commission.
Madan Mohan Punchhi, better known as M.M. Punchhi was the 28th Chief Justice of India
(CJI). He held the office as the CII for a short period of ten months (January till October)
in the year 1968. After his retirement, M.M. Punchhi was appointed as the chairman of
the centre- state relations commission in the year 2007 by the government of India. This
commission dealt with matters involving the centre-state relations and was popularly
known as the Punchhi Commission. The commission dealt with the responsibilities and
jurisdiction of the centre during major outbreaks of caste and communal violence. The
commission was set up by the UPA government in 2007 to take freshlook at the roles
and responsibilities of different levels of government and their inter relations. The
report of this commission headed by M.M. Punchhi was submitted in 2010 to the then
Home Minister P. Chidambaram.

Q.8. write a short note on Co-operative federalism

(*)Cooperative federalism means a combination of cooperation and interdependence
between the Centre and the States to ensure smooth governance of the country.
(*) Unlike dual federalism, which viewed two governments as separate and coordinated
entities, cooperative federalism viewed two levels of government as mutually
complementary parts of a single federal political system.
(*) This system is based on the 'internal give and take' between the federal government
and the regional governments.

Objectives of Cooperative Federalism

(*) The basic objectives of cooperative federalism are as follows:
(*) Maintaining the union;
(*)Promoting common welfare of all the citizens; and
(*)Seeking a joint solution to a common problem

Features of Cooperative Federalism

Two key features of cooperative federalism according to NITI Aayog are as follows:
1. A joint focus on the National Development Agenda by the Centre and States and
2. Advocacy of concerns and issues of States and Union Territories with Central
Ministries.