9 (A) Federal System

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On the basis of distribution of power, Governments can

be classified into three types
Unitary
Federal and
Confederal
Unitary
system
In a unitary government, the central government

possesses preponderant authority and decision-making
power. Provincial governments are the administrative
arms of the central government.
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Federations
Federation is a system of constitutional governance

brought about by the voluntary agreement among states
that, join together into a new federal union in which
power is divided between the Union Government at the
centre (federal government) and states (provinces). A
written Constitution divides powers. Thus, there is a dual
government with their respective jurisdictions.
Confederations
They are nations where the provinces have maximum
autonomy so much so that they can become members of
international organizations, have flag and may even
secede.
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Federal system is adopted so that states can flourish with

autonomy and their security is assured by the central
government.
India is essentially a federation though in our case the
provinces did not join together voluntarily.
Federalism is a prescription for our multi-diverse
country to pure pluralist polity.
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While the core of federalism is seen in the Indian polity,

there are some features that are unfederal, which are
seen to be necessary for national security, integration
and development, particularly in the light of the
experience of partition. They are
States
can be created and abolished without their

consent
Residuary powers are with the Union parliament

There is no dual citizenship- of province (state) and the
country unlike in the USA
There is a unified system of audit which is under Union

control
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Unified and hierarchical judiciary

Elections are held for assemble under
the authority of
the Election commission that is appointed by the Union
Government
The role of Governor is pro-Centre

Presidents rule is a threat to
the existence of
democratically elected state governments.
All the basic features of federalism are found in the

Indian Constitution Since there are strong unitary
features as well, it is called quasi-federation.
It must be clarified that the fact that in Art. 1 of the
Constitution India is described as a Union of States only
stresses the unity among the provinces and not have any
unitary implications for our polity.
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Legislative Sphere
The framework for division of legislative powers in the

Indian Constitution is contained in Chapter 1 in Part XI. It
comprises in articles- 245 to 255. It should be read with
Seventh Schedule. Three fold distribution of the subjects
of legislative: power is adopted- Union List (List I); State
List (List II); and Concurrent List (List III).
Union List
Items of national importance are in the Union Listexternal affairs, defence; banking, communications,
currency etc altogether numbering 99.
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State List
Matters of provincial importance are in the State List like

agriculture, local self government, law and order; public
health etc altogether numbering 61 items.
Concurrent List
Subjects of common importance are in the Concurrent

List, matters that can be legislated upon by both the
union and state legislatures - socio economic planning,
education, forests, protection of wild animals and birds;
ports other than major ports; marriage and divorce;
adoption; price control; criminal law; preventive
detention, labour, together numbering 52 items.
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Under the following-five circumstances, Parliament can

legislate on an item in the State List
when
national emergency is in force. It needs to be

emphasized that when there is national emergency (Art.
352), State Legislative Assembly continues to exist but
the Constitution gives power to parliament as well to
legislate on an item in the State List unlike when the
Presidents rule is proclaimed when the State Legislative
Assembly is either suspended (suspended animation) or

dissolved and the Parliament can make laws for the
State concerned
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Art. 249 says that Rajya Sabha can empower the

Parliament to legislate on an item in the State List in
national interest by passing the relevant resolution by
two thirds majority of the members present and voting.
In other words, Rajya Sabba authorizes Parliament to
legislate on a subject in the State List.
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Art. 256-263 in Part XI contain administrative relations.

Art. 256 talks of the obligation of States and the Union in
these words:
The executive power of every State shall be so exercised
as to ensure compliance with the laws made by
Parliament and any existing laws which apply in that
State, and the executive power of the Union shall extend
to the, giving of such, directions to a State.
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Art. 257 talks about control of the Union over States in

certain cases:
The
executive power of every State shall be so

exercised as not to impede or prejudice the exercise of
the executive power of the Union and the executive
power of the Union shall extend to the giving of such
directions to a State as may appear to the Government
of India to be necessary for that purpose.
The
executive power of the Union shall also extend to

the giving of directions to a State as to the construction
and maintenance of means of communication declared
in the direction to be of national or military importance.
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Art. 268 to 293 in Part XII deal with the financial

relations. The Constitution contains a fixed and dynamic
scheme for apportioning fiscal resources to the States
and the Union. The static part relates to some sources of
finance being entirely given to the states taxes and duties
specified as such in the Constitution.
268. Taxes and duties levied by the Union but collected
and appropriated by the States. Ex-medicinal preparation
with alcohol in them.
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269. Taxes levied and collected by the Union but

assigned to the States. For example, duties in respect of
succession to property other than agricultural land;
estate duty in respect of property other than agricultural
land central sales tax.
270. Taxes levied and collected by the Union and
distributed between the Union and the States. Income
tax, corporation tax etc.
271. Surcharge on certain duties and taxes for purposes
of the Union. Surcharges are not shareable
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Article 280
The President sets up every five years, or at such

earlier time as the President considers necessary, a
Finance Commission which shall consist of a
Chairman and four other members to be appointed
by the President.
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Duties of the FC involve making recommendations

to the President as to-
the distribution between the Union and the States of the
net proceeds of taxes which are to be, or may be,

divided between the States of the respective shares of
such proceeds
the principles which should govern the grants-in-aid of
the revenues of the States out of the Consolidated Fund

of India;
the
measures needed to augment the Consolidated

Fund of a State to supplement the resources of the
Panchayats in the State on the basis of the
recommendations made by the Finance Commission of
the State
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The five member team, headed by economist Dr. Vijay L

Kelkar submitted its report of the Thirteenth Finance
Commission to the Government and was tabled in the
Parliament during the Budget session 2010. Where it has
zeroed on three key objectives of inclusive and green
growth, macro economic stability and fiscal consolidation
for both the Centre and the States particularly in view of
the last couple of years when the economy had to
undertake fiscal expansion in response to the worst
global recession and domestic economy slowdown.
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Recommendations
On sharing of Union taxes, the core task of the

Commission, it has recommended that for its award
period spanning from April 1, 2010 till March 31, 2015,
the share of States in the net proceeds of Union Taxes be
fixed at 32 per cent, against the 12th FC prescribed
transfer of 30.5 per cent, an increase of 1.5 per cent.
It has also said that the total transfers to the States be
subjected to an indicative ceiling of 39.5 per cent of the
gross tax revenues of the Centre.
The Commission has recommended a grant of Rs. 51,800
crore for eight States that have a revenue deficit
chronically.
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In a bid to de-carbonize development in line with

growing interests in promoting green growth, the
Commission has favoured a grant of Rs. 15,000 crore, for
forest grant promotion of renewable energy and for water
sector.
In the Goods and Services Tax (GST), it has recommended
a grant of Rs. 50,000 crore for implementation as per the
recommended model.
On fiscal consolidation, the Commission has drawn a
roadmap for fiscal deficit reduction and spelt but a
combined debt target of 68 per cent of GDP, against 75
per cent in 2009-10.
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9 (A) Federal System

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www.iasexamportal.

On the basis of distribution of power, Governments can

In a unitary government, the central government

Federation is a system of constitutional governance

Federal system is adopted so that states can flourish with

While the core of federalism is seen in the Indian polity,

can be created and abolished without their

Residuary powers are with the Union parliament

There is a unified system of audit which is under Union

Unified and hierarchical judiciary

The role of Governor is pro-Centre

All the basic features of federalism are found in the

The framework for division of legislative powers in the

Matters of provincial importance are in the State List like

Subjects of common importance are in the Concurrent

Under the following-five circumstances, Parliament can

national emergency is in force. It needs to be

Presidents rule is proclaimed when the State Legislative

Assembly is either suspended (suspended animation) or

Art. 249 says that Rajya Sabha can empower the

Art. 256-263 in Part XI contain administrative relations.

Art. 257 talks about control of the Union over States in

executive power of every State shall be so

executive power of the Union shall also extend to

Art. 268 to 293 in Part XII deal with the financial

269. Taxes levied and collected by the Union but

The President sets up every five years, or at such

Duties of the FC involve making recommendations

the distribution between the Union and the States of the

net proceeds of taxes which are to be, or may be,

the principles which should govern the grants-in-aid of

the revenues of the States out of the Consolidated Fund

measures needed to augment the Consolidated

The five member team, headed by economist Dr. Vijay L

On sharing of Union taxes, the core task of the

In a bid to de-carbonize development in line with

Online Coaching for IAS Exams

Books for IAS Exams

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