Documenti di Didattica
Documenti di Professioni
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1
Dr. Ambedkar – “Although its Constitution maybe Federal in
structure, the word ‘Union’ is used to provide following
advantages:
1. Indian federation is not the result of an agreement by the
units
2. The component units have no freedom to secede from it
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Like in America, there is no agreement of sovereign
States
Our constitution is the result of Constituent Assembly
represented by the people of India
Progress has been from unitary to federal
During British rule, they lacked ‘Federal Sentiment’ and
with lapse of British crown, the States acceded to
dominion of India
Credit to the Constitution makers – gave equality of
status to the provinces
3. Mode of Polity
In USA:
a) Dual polity
b) Dual citizenship Not there in India
c) Double set of officials
d) Double system of courts
– In addition, in India,
e) Machinery of election, accounts and audit similarity
integrated
f) Emergency Powers
g) Federal system exists to give unitary strength:
Exclusive powers to Centre to legislate
Centre to give directions to State Government
(Articles 256-257) and power to supercede
(Article 365)
President’s power to Union of State executive
and legislative powers (Article 356)
Prof. Alexandrowicz
“The Constitution of India is neither purely federal nor
purely unitary but is a combination of both. It is a Union or
composite State of a novel type. It enshrines the principle
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that in spite of Federalism the nation interest ought to be
paramount”
Prof Wheare
“That however, is what appears on paper only. It remains
to be seen whether in actual practise the federal features
entrench or strengthen themselves as they have in Canada,
or whether the strong trend towards centralisation which is
a feature of most Western Governments. In a world of
crisis, will compel these federal aspects of Constitution to
wither away”
➢ Conclusion
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“The proper assessment of the federal system introduced by
our constitution is that it introduces a system which is to
normally work as a federal system, but there are provisions for
converting it into a unitary or quasi-federal system under
specified exceptional circumstances”
6
Article 272 – taxes which are levied and collected by
the Union and maybe distributed
between the Union and the States
Article 273 – grants in lieu of export duty on jute and
jute products
Article 274 – prior recommendation of president
required to bills affecting taxation in
which States are interested
Article 275 – grants from Union to certain States
Article 276 – taxes on professions, trades, calling and
employments
Article 280 – Finance Commission
Article 282 – Expenditure defrayable by the Union or a
State out of its revenues
Article 266 – Consolidated Funds and Public Accounts
of India and of the States
Article 267 – Contingency fund
II B. Inter State disputes on resources
➢ Part XII – Coordination between States
Disputes related to waters
Article 263 – Provision with respect to an interstate
council
Article 292 – Adjudication of disputes relating to
waters of inter state rivers and river
valleys
IV. Centre’s responsibility and internal disturbance within States
➢ Part XIII – Emergency Provision
Article 358 - Duty of the Union to protect States
against external aggression and internal
disturbance
Article 356 – Provision in case of failure of
constitutional machinery in States
Article 365 – Effect of failure to comply with, or to
give effect to directions given by the
Union
VII
A. Special Status of certain States
➢ Part XXI – temporary, transitional and special provisions
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Article 370 - Temporary provision with respect to
the State of Jammu and Kashmir
Article 371 - Special provision with respect of
the State of Maharashtra and Gujarat
B.
Article 339 - Control of the Union over the
administration of schedule areas and the
welfare of scheduled tribes
Definition of State
Article 152 – In this part, unless the context otherwise requires
the expression ‘State’ does not include the State of
Jammu and Kashmir