From the list of following events which ones would you identify with the functioning of federalism? Why?
A. The Centre on Tuesday announced Sixth Schedule status to GNLF-led Darjeeling Gorkha Hill Council, which would ensure greater autonomy to the governing body in the Hill district of West Bengal. A tripartite Memorandum of Settlement was signed in New Delhi between the Centre, West Bengal government and the Subhas Ghising-led Gorkha National Liberation Front (GNLF) after two days of hectic deliberations.
B. Government for action plan for rain-hit States: Centre has asked the rain-ravaged States to submit detailed plans for reconstruction to enable it to respond to their demands for extra relief expeditiously.
C. New Commissioner for Delhi: The Capital is getting a new municipal commissioner. Confirming this, present MCD Commissioner Rakesh Mehta said he has received his transfer orders and that he is likely to be replaced by IAS officer Ashok Kumar, who is serving as the Chief Secretary in Arunachal Pradesh. Mehta, a 1975 batch IAS officer, has been heading the MCD for about three-and-a-half years.
D. CU Status for Manipur University: Rajya Sabha on Wednesday passed a Bill to convert the Manipur University into a Central University with the Human Resource Development Minister promising such institutions in the North Eastern States of Arunachal Pradesh, Tripura and Sikkim as well.
E. Funds released: The Centre has released Rs. 553 lakh to Arunachal Pradesh under its rural water supply scheme. The first instalment was of Rs. 466.81 lakh.
F. We’ll teach the Biharis how to live in Mumbai: Around 100 Shiv Sainiks stormed J. J. Hospital, disrupted daily operations, raised slogans and threatened to take matters into their own hands if no action was taken against non-Maharashtrian students.
G. Demand for dismissal of Government: The Congress Legislature Party (CLP) in a representation submitted to State Governor recently, has demanded dismissal of the ruling Democratic Alliance of Nagaland (DAN) government for its alleged financial mismanagement and embezzlement of public money.
H. NDA government asks naxalites to surrender arms: Amid a walkout by opposition RJD and its allies Congress and CPI (M), the Bihar government today appealed to the naxalites to shun the path of violence and reaffirmed its pledge to root out unemployment to usher in a new era of development in Bihar.
Federalism is institutional mechanism of two polities, one at the centre and other at regional level. Each government is autonomous in its own region.
A. Yes, the agreement between the centre and the state and the GNLF involves federalism. As the agreement provides autonomy in the Hill district of West Bengal.
B. Yes, the above action by the government determines federalism. Since the revenue of state is meagre therefore the constitution entitles centre for financial power. The relief is undertaken by the state but funded by the centre.
C.No, it does not involve functioning of federalism because appointment, transfer and removal of IAS officers or civil servants are solely under central government regime.
D. No, it does not involve federalism because central university comes under the control of Central authority.
E. Yes, it involves federalism because centre provided fund to Arunachal Pradesh.The state can use the funds for its development.
F. No, it does not involve federalism, but destroys the essence of federalism by protesting against the non maharashtrians. The states have autonomy in the respective region but is bound to abide by the orders of centre.
G. No, it does not involve federalism because demanding for dismissal of state government , is a attack on federal structure.
H. Yes, it involve federalism because naxalism issue is dealt by the bihar state government with the involvement of Central government.
From the list of following events which ones would you identify with the functioning of federalism? Why?
A. The Centre on Tuesday announced Sixth Schedule status to GNLF-led Darjeeling Gorkha Hill Council, which would ensure greater autonomy to the governing body in the Hill district of West Bengal. A tripartite Memorandum of Settlement was signed in New Delhi between the Centre, West Bengal government and the Subhas Ghising-led Gorkha National Liberation Front (GNLF) after two days of hectic deliberations.
B. Government for action plan for rain-hit States: Centre has asked the rain-ravaged States to submit detailed plans for reconstruction to enable it to respond to their demands for extra relief expeditiously.
C. New Commissioner for Delhi: The Capital is getting a new municipal commissioner. Confirming this, present MCD Commissioner Rakesh Mehta said he has received his transfer orders and that he is likely to be replaced by IAS officer Ashok Kumar, who is serving as the Chief Secretary in Arunachal Pradesh. Mehta, a 1975 batch IAS officer, has been heading the MCD for about three-and-a-half years.
D. CU Status for Manipur University: Rajya Sabha on Wednesday passed a Bill to convert the Manipur University into a Central University with the Human Resource Development Minister promising such institutions in the North Eastern States of Arunachal Pradesh, Tripura and Sikkim as well.
E. Funds released: The Centre has released Rs. 553 lakh to Arunachal Pradesh under its rural water supply scheme. The first instalment was of Rs. 466.81 lakh.
F. We’ll teach the Biharis how to live in Mumbai: Around 100 Shiv Sainiks stormed J. J. Hospital, disrupted daily operations, raised slogans and threatened to take matters into their own hands if no action was taken against non-Maharashtrian students.
G. Demand for dismissal of Government: The Congress Legislature Party (CLP) in a representation submitted to State Governor recently, has demanded dismissal of the ruling Democratic Alliance of Nagaland (DAN) government for its alleged financial mismanagement and embezzlement of public money.
H. NDA government asks naxalites to surrender arms: Amid a walkout by opposition RJD and its allies Congress and CPI (M), the Bihar government today appealed to the naxalites to shun the path of violence and reaffirmed its pledge to root out unemployment to usher in a new era of development in Bihar.
Federalism is institutional mechanism of two polities, one at the centre and other at regional level. Each government is autonomous in its own region.
A. Yes, the agreement between the centre and the state and the GNLF involves federalism. As the agreement provides autonomy in the Hill district of West Bengal.
B. Yes, the above action by the government determines federalism. Since the revenue of state is meagre therefore the constitution entitles centre for financial power. The relief is undertaken by the state but funded by the centre.
C.No, it does not involve functioning of federalism because appointment, transfer and removal of IAS officers or civil servants are solely under central government regime.
D. No, it does not involve federalism because central university comes under the control of Central authority.
E. Yes, it involves federalism because centre provided fund to Arunachal Pradesh.The state can use the funds for its development.
F. No, it does not involve federalism, but destroys the essence of federalism by protesting against the non maharashtrians. The states have autonomy in the respective region but is bound to abide by the orders of centre.
G. No, it does not involve federalism because demanding for dismissal of state government , is a attack on federal structure.
H. Yes, it involve federalism because naxalism issue is dealt by the bihar state government with the involvement of Central government.
Think which of the following statements would be correct. State why.
A. Federalism enhances the possibility of people from different regions to interact without the fear of one’s culture being imposed upon them by others.
B. Federal system will hinder easier economic transaction between two different regions that have distinct types of resources.
C. A federal system will ensure that the powers of those at the centre will remain limited.
A. Correct.
Federalism promotes unity while respecting the differences.
B. Incorrect.
Federal system will not hinder easier economic transaction because the rules regarding transaction is already clearly listed in the constitution.
C. Incorrect.
The federal system ensures that power of centre is limited by dividing the powers in three lists naming union, state and concurrent. But the system also promotes for strong centre. Example the strong provision of emergency is under the ambit of centre.
Think which of the following statements would be correct. State why.
A. Federalism enhances the possibility of people from different regions to interact without the fear of one’s culture being imposed upon them by others.
B. Federal system will hinder easier economic transaction between two different regions that have distinct types of resources.
C. A federal system will ensure that the powers of those at the centre will remain limited.
A. Correct.
Federalism promotes unity while respecting the differences.
B. Incorrect.
Federal system will not hinder easier economic transaction because the rules regarding transaction is already clearly listed in the constitution.
C. Incorrect.
The federal system ensures that power of centre is limited by dividing the powers in three lists naming union, state and concurrent. But the system also promotes for strong centre. Example the strong provision of emergency is under the ambit of centre.
Based on the first few articles of Belgian constitution – given below
– explain how federalism is visualised in that country. Try and write a similar Article for the Constitution of India.
Title I: On Federal Belgium, its components and its territory.
Article 1: Belgium is a Federal State made up of communities and regions.
Article 2: Belgium is made up of three communities: The French Community, the Flemish Community and the German Community.
Article 3: Belgium is made up of three regions: The Walloon region, the Flemish region and the Brussels region.
Article 4: Belgium has four linguistic regions: The French speaking region, the Dutch-speaking region, the bilingual region of Brussels Capital and the German speaking region. Each �commune � (county borough) of the Kingdom is part of one of these linguistic regions. ……..
Article 5: The Walloon region is made up of the following provinces: The Walloon Brabant, Hainault, Liege, Luxemburg and Namur. The Flemish region is made up of the following provinces: Antwerp, the Flemish Brabant, West Flanders, East Flanders and Limburg. ……
Article 1: India is a Federal country.
Article 2: India has many religions including Hinduism, Islam, Sikhism etc
Article 3: India is divided into 29 states and 7 union territories.
Article 4: India is diversified in languages. It has several major languages.
Article 5: India has two form of the government one at the center and another in states.
Based on the first few articles of Belgian constitution – given below
– explain how federalism is visualised in that country. Try and write a similar Article for the Constitution of India.
Title I: On Federal Belgium, its components and its territory.
Article 1: Belgium is a Federal State made up of communities and regions.
Article 2: Belgium is made up of three communities: The French Community, the Flemish Community and the German Community.
Article 3: Belgium is made up of three regions: The Walloon region, the Flemish region and the Brussels region.
Article 4: Belgium has four linguistic regions: The French speaking region, the Dutch-speaking region, the bilingual region of Brussels Capital and the German speaking region. Each �commune � (county borough) of the Kingdom is part of one of these linguistic regions. ……..
Article 5: The Walloon region is made up of the following provinces: The Walloon Brabant, Hainault, Liege, Luxemburg and Namur. The Flemish region is made up of the following provinces: Antwerp, the Flemish Brabant, West Flanders, East Flanders and Limburg. ……
Article 1: India is a Federal country.
Article 2: India has many religions including Hinduism, Islam, Sikhism etc
Article 3: India is divided into 29 states and 7 union territories.
Article 4: India is diversified in languages. It has several major languages.
Article 5: India has two form of the government one at the center and another in states.
Imagine that you were to rewrite the provisions regarding federalism.
Write an essay of not more than 300 words making your suggestions about:
A. division of powers among the centre and the States,
B. distribution of financial resources,
C. methods of resolving inter-State disputes and
D. appointment of Governors
There are two sets of government created by the Indian Constitution: one for the entire nation called the union government (central government) and one for each unit or State called the State government. Both of these have a constitutional status and clearly identified area of activity. If there is any dispute about which powers come under the control of the union and which under the States, this can be resolved by the Judiciary on the basis of the constitutional provisions.
A. The Subjects like Agriculture ,Public health and employment which are in state list could be included into concurrent list because these subjects contribute to the overall growth of the country. So both the centre and state should have power to make laws on these subjects.
B. The distribution of resources should be under the control of central government but the state government should have autonomy to set up enterprises for the development of the state.
C. To resolve inter state dispute union government should intervene but the orders of Supreme Court should be binding and final.
D. The governor should be appointed by central government but after consultation of state government to avoid further resentment.
Imagine that you were to rewrite the provisions regarding federalism.
Write an essay of not more than 300 words making your suggestions about:
A. division of powers among the centre and the States,
B. distribution of financial resources,
C. methods of resolving inter-State disputes and
D. appointment of Governors
There are two sets of government created by the Indian Constitution: one for the entire nation called the union government (central government) and one for each unit or State called the State government. Both of these have a constitutional status and clearly identified area of activity. If there is any dispute about which powers come under the control of the union and which under the States, this can be resolved by the Judiciary on the basis of the constitutional provisions.
A. The Subjects like Agriculture ,Public health and employment which are in state list could be included into concurrent list because these subjects contribute to the overall growth of the country. So both the centre and state should have power to make laws on these subjects.
B. The distribution of resources should be under the control of central government but the state government should have autonomy to set up enterprises for the development of the state.
C. To resolve inter state dispute union government should intervene but the orders of Supreme Court should be binding and final.
D. The governor should be appointed by central government but after consultation of state government to avoid further resentment.
Which of the following should be the basis for formation of a State?
Why?
A. Common Language
B. Common economic interests
C. Common religion
D. Administrative convenience
Administrative Convienence should be the basis for the formation of a state.
1. This would lead to good governance and automatically lead to economic development.
Language, Economic interest and religion should not be the basis of formation of a state because even the people with above similarities have differences.
Example Though Tamil Nadu and Karnataka have some similarities in culture and language, still both the states have a dispute over Cauvery river sharing.
Which of the following should be the basis for formation of a State?
Why?
A. Common Language
B. Common economic interests
C. Common religion
D. Administrative convenience
Administrative Convienence should be the basis for the formation of a state.
1. This would lead to good governance and automatically lead to economic development.
Language, Economic interest and religion should not be the basis of formation of a state because even the people with above similarities have differences.
Example Though Tamil Nadu and Karnataka have some similarities in culture and language, still both the states have a dispute over Cauvery river sharing.
Majority of people from the States of north India – Rajasthan, Madhya
Pradesh, Uttar Pradesh, Bihar—speak Hindi. If all these States are combined to form one State, would it be in tune with the idea of federalism? Give arguments.
No, it would not be in tune with the idea of federalism because:
1. There are also several issues other than linguistic differences. It is not easy to resolve this dispute merely on the basis of linguistic majority. There could be dispute over certain territory or sharing of river water.
2. Combing states would lead to imbalance of distribution of resources due to large population.
3. It would become hard for the government to handle a large territory.
Majority of people from the States of north India – Rajasthan, Madhya
Pradesh, Uttar Pradesh, Bihar—speak Hindi. If all these States are combined to form one State, would it be in tune with the idea of federalism? Give arguments.
No, it would not be in tune with the idea of federalism because:
1. There are also several issues other than linguistic differences. It is not easy to resolve this dispute merely on the basis of linguistic majority. There could be dispute over certain territory or sharing of river water.
2. Combing states would lead to imbalance of distribution of resources due to large population.
3. It would become hard for the government to handle a large territory.
List four features of the Indian Constitution that give greater power to the central government than the State government.
The four features of the the constitution that provides greater power to the central government are:
1. State government act under the orders of the Central government during Emergency.
2. The state government cannot remove the persons in service of the union, only centre hold the power to remove.
3. The state government cannot take any disciplinary action or remove any administrative officer appointed by the union like the Governor.
4. The central government has the power to dismiss the state government and impose president rule.
List four features of the Indian Constitution that give greater power to the central government than the State government.
The four features of the the constitution that provides greater power to the central government are:
1. State government act under the orders of the Central government during Emergency.
2. The state government cannot remove the persons in service of the union, only centre hold the power to remove.
3. The state government cannot take any disciplinary action or remove any administrative officer appointed by the union like the Governor.
4. The central government has the power to dismiss the state government and impose president rule.
Why are many States unhappy about the role of the Governor?
The Governor is appointed by the central government and therefore, actions of the Governor are often viewed as interference by the Central government in the functioning of the State government.
The states are unhappy about the role of governor because:
1. The Governor has the power to recommend the dismissal of the State government and suspension or dissolution of State assembly
2. The governor has the power to reserve the bill passed by the state assembly for the assent of President.
3. The Governors are not elected but appointed by the Central government. So if there exist government of different party in the state then they are skeptical about cooperation between the state government and governor.
Why are many States unhappy about the role of the Governor?
The Governor is appointed by the central government and therefore, actions of the Governor are often viewed as interference by the Central government in the functioning of the State government.
The states are unhappy about the role of governor because:
1. The Governor has the power to recommend the dismissal of the State government and suspension or dissolution of State assembly
2. The governor has the power to reserve the bill passed by the state assembly for the assent of President.
3. The Governors are not elected but appointed by the Central government. So if there exist government of different party in the state then they are skeptical about cooperation between the state government and governor.
President’s rule can be imposed in a State if the government is not being run according to the provisions of the Constitution. State whether any of the following conditions are a it case for imposition of President’s rule in the State. Give reasons.
A. two members of the State legislative assembly belonging to the main opposition party have been killed by criminals and the opposition is demanding dismissal of the State government.
B. Kidnapping of young children for ransom is on rise. The number of crimes against women are increasing.
C. No political party has secured majority in the recent elections of the State Legislative Assembly. It is feared that some MLAs from the other parties may be lured to support a political party in return for money.
D. Different political parties are ruling in the State and at the centre and they are bitter opponents of each other.
E. More than 2000 people have been killed in the communal riots.
F. In the water dispute between the two States, one State government refused to follow the decision of the Supreme Court.
Article 356 states that President rule can be imposed in any state on grounds of failure of Constitutional Machinery, and failure is of two types:-
1. If President on receipt of report by Governor of a State or otherwise is satisfied that a situation has arisen in which govt of that state can’t be carried in accordance with provisions of the Constitution then President Rule can be imposed.
2. If any state fails to comply with directions of union then President Rule can be imposed
A. No, President rule cannot be imposed.
The murder of two members of opposition party is not the basis of removal of state government as it concerns law and order of the state. None of the above mentioned criteria fits into the issue arise.
B. No.
The case again belongs to the law and order of state and does not break any constitutional machinery. Hence President rule cannot be imposed.
C. No.
The largest political party would have to prove majority on floor test of legislative assembly, prior to this President rule cannot be imposed.
D. No.
The hasteness among the centre and state party is not the criteria of imposition of president rule.
E. Yes, President rule would be imposed.
If the state government is unable in settling the communal riots and is the reason for disturbance in state then President rule would be imposed.
F. Yes, President rule would be imposed.
Since the state does not comply with the orders of Supreme Court and break the constitutional machinery.
President’s rule can be imposed in a State if the government is not being run according to the provisions of the Constitution. State whether any of the following conditions are a it case for imposition of President’s rule in the State. Give reasons.
A. two members of the State legislative assembly belonging to the main opposition party have been killed by criminals and the opposition is demanding dismissal of the State government.
B. Kidnapping of young children for ransom is on rise. The number of crimes against women are increasing.
C. No political party has secured majority in the recent elections of the State Legislative Assembly. It is feared that some MLAs from the other parties may be lured to support a political party in return for money.
D. Different political parties are ruling in the State and at the centre and they are bitter opponents of each other.
E. More than 2000 people have been killed in the communal riots.
F. In the water dispute between the two States, one State government refused to follow the decision of the Supreme Court.
Article 356 states that President rule can be imposed in any state on grounds of failure of Constitutional Machinery, and failure is of two types:-
1. If President on receipt of report by Governor of a State or otherwise is satisfied that a situation has arisen in which govt of that state can’t be carried in accordance with provisions of the Constitution then President Rule can be imposed.
2. If any state fails to comply with directions of union then President Rule can be imposed
A. No, President rule cannot be imposed.
The murder of two members of opposition party is not the basis of removal of state government as it concerns law and order of the state. None of the above mentioned criteria fits into the issue arise.
B. No.
The case again belongs to the law and order of state and does not break any constitutional machinery. Hence President rule cannot be imposed.
C. No.
The largest political party would have to prove majority on floor test of legislative assembly, prior to this President rule cannot be imposed.
D. No.
The hasteness among the centre and state party is not the criteria of imposition of president rule.
E. Yes, President rule would be imposed.
If the state government is unable in settling the communal riots and is the reason for disturbance in state then President rule would be imposed.
F. Yes, President rule would be imposed.
Since the state does not comply with the orders of Supreme Court and break the constitutional machinery.
What are the demands raised by States in their quest for greater autonomy?
The demands raised by states in their quest for greater autonomy are:
1. Demands for division of powers between state and centre and more powers and important powers be assigned to the States. Example: Many States (Tamil Nadu, Punjab, West Bengal) and many parties (DMK, Akali Dal, CPI-M) have made demands of autonomy from time to time.
2. Financial Autonomy: Demand for independent sources of revenue and greater control over the resources.
3. Administrative Autonomy: States have demanded that centre should not have control over the administrative machinery of state.
4. Cultural and Linguistic Autonomy:Some states have demanded for autonomy on the basis of culture and language. Some States also feel that there is a domination of the Hindi-speaking areas over the others. Example during the decade of 1960s, there were agitations in some States against the imposition of the Hindi language
What are the demands raised by States in their quest for greater autonomy?
The demands raised by states in their quest for greater autonomy are:
1. Demands for division of powers between state and centre and more powers and important powers be assigned to the States. Example: Many States (Tamil Nadu, Punjab, West Bengal) and many parties (DMK, Akali Dal, CPI-M) have made demands of autonomy from time to time.
2. Financial Autonomy: Demand for independent sources of revenue and greater control over the resources.
3. Administrative Autonomy: States have demanded that centre should not have control over the administrative machinery of state.
4. Cultural and Linguistic Autonomy:Some states have demanded for autonomy on the basis of culture and language. Some States also feel that there is a domination of the Hindi-speaking areas over the others. Example during the decade of 1960s, there were agitations in some States against the imposition of the Hindi language
Should some States be governed by special provisions?
Does this create resentment among other States? Does this help in forging greater unity among the regions of the country?
Yes, Some states must be governed under special provision on the basis of historical, cultural, social requirements.
This is the most extra ordinary feature of the federal system. The special status pertain to North Eastern states (Nagaland, Assam, Mizoram etc).
Art 371-provides special provision to the nort eastern states largely due to a sizeable indigenous tribal population with a distinct history and culture, which they wish to retain.
Special provisions also exist for hilly States like Himachal Pradesh and some other
States like Andhra Pradesh, Goa, Gujarat, Maharashtra , Sikkim and Telangana.
Art 370-under this article special provision is provided to Jammu & Kashmir. Here, the central government has only limited powers and other powers listed in the Union List and Concurrent List can be used only with the consent of the State government
This has created resentment among other states as there is fear that these provision would lead to separation in those areas.This provision have not been able to stem alienation and the insurgency in parts of the region.
No this does not help in forging greater unity among the regions of the country, as the provision foster feeling of biasness among the states.
Should some States be governed by special provisions?
Does this create resentment among other States? Does this help in forging greater unity among the regions of the country?
Yes, Some states must be governed under special provision on the basis of historical, cultural, social requirements.
This is the most extra ordinary feature of the federal system. The special status pertain to North Eastern states (Nagaland, Assam, Mizoram etc).
Art 371-provides special provision to the nort eastern states largely due to a sizeable indigenous tribal population with a distinct history and culture, which they wish to retain.
Special provisions also exist for hilly States like Himachal Pradesh and some other
States like Andhra Pradesh, Goa, Gujarat, Maharashtra , Sikkim and Telangana.
Art 370-under this article special provision is provided to Jammu & Kashmir. Here, the central government has only limited powers and other powers listed in the Union List and Concurrent List can be used only with the consent of the State government
This has created resentment among other states as there is fear that these provision would lead to separation in those areas.This provision have not been able to stem alienation and the insurgency in parts of the region.
No this does not help in forging greater unity among the regions of the country, as the provision foster feeling of biasness among the states.