4.3.1 Parliamentary System and Federal Structure
In Indian constitutional law, the structure of government follows a parliamentary system at the Union level and a federal structure delineating the powers between the Union (central government) and the states. Here’s a detailed explanation of the parliamentary system and federal structure in India’s governance:
(1) Parliamentary System at the Union Level:
(a) Executive-Centric System: India follows a parliamentary form of government where the executive branch is collectively responsible to the legislature. The President is the ceremonial head, while the Prime Minister is the head of the government.
(b) Council of Ministers: The Prime Minister and the Council of Ministers are collectively responsible to the Lok Sabha (House of the People), the lower house of Parliament. They derive their authority from the majority support in the Lok Sabha.
(c) Accountability to Parliament: The Council of Ministers remains in power as long as it enjoys the confidence of the Lok Sabha. They are accountable to Parliament for their actions, policies, and decisions.
(d) Role of Parliament: Parliament, consisting of the President and two houses – the Lok Sabha and the Rajya Sabha (Council of States), is responsible for lawmaking, budget approval, oversight of the executive, and safeguarding the interests of the citizens.
(e) Independence of Judiciary: The judiciary, including the Supreme Court and subordinate courts, acts independently and ensures the rule of law, interpreting and safeguarding the Constitution.
(2) Federal Structure:
(a) Distribution of Powers: India has a federal structure where powers are divided between the Union (central government) and the states. The Constitution delineates the powers through three lists – Union List, State List, and Concurrent List.
(b) Union List: It includes subjects like defense, foreign affairs, banking, currency, and communication, exclusively under the domain of the central government.
(c) State List: Subjects such as police, public health, agriculture, and local government fall under the jurisdiction of the states.
(d) Concurrent List: Both the central and state governments have the authority to legislate on subjects like education, forests, criminal law, and marriage, though the central law prevails in case of a conflict.
(e) Independent Jurisdiction: Each level of government operates independently within its domain. However, during emergencies, the central government gains additional powers to address the situation.
(3) Inter-governmental Relations:
(a) Cooperative Federalism: India practices cooperative federalism, emphasizing collaboration and coordination between the Union and states for effective governance, policy formulation, and resource sharing.
(b) Inter-state Council: The Inter-state Council serves as a forum for discussion and consultation on issues between the Union and states to foster harmonious relations.
Significance in Indian Governance:
(a) Unity in Diversity: The federal structure ensures accommodation of regional diversity, allowing states to address local needs while maintaining national unity.
(b) Checks and Balances: The system offers checks and balances between the Union and states, preventing the concentration of power in one entity and promoting decentralization.
(c) Flexibility and Adaptability: The Constitution allows for flexibility, enabling amendments and changes to meet evolving societal, economic, and political needs.
4.3.2 Union-State Relations and Distribution of Powers
In Indian constitutional law, the structure of government involves a complex interplay between the Union (central government) and the states, delineating powers and responsibilities through a system of distribution of powers. Here’s a detailed explanation of Union-State relations and the distribution of powers in India’s governance structure:
(1) Federal Structure and Division of Powers:
(a) Three Lists: The Constitution of India divides legislative powers between the Union and the states through three lists – Union List, State List, and Concurrent List.
(b) Union List: It comprises subjects on which only the central government can legislate, such as defense, foreign affairs, currency, banking, etc.
(c) State List: The State List contains matters on which only the states have legislative jurisdiction, including police, public health, local government, agriculture, etc.
(d) Concurrent List: Subjects under this list allow both the Union and states to legislate. However, in case of a conflict, the central law prevails. Examples include criminal law, marriage, education, etc.
(2) Legislative Relations between Union and States:
(a) Residuary Powers: Any matter not specifically mentioned in the three lists falls under the residuary powers of the Union. However, in certain exceptional cases, residuary powers have been vested in the states as well.
(b) Supremacy of Union in Certain Situations: In case of inconsistency between Union and state laws on Concurrent List subjects or during emergencies, the Union’s law prevails.
(c) Interference in State Subjects: The Union can legislate on State List subjects during emergencies, or if the Rajya Sabha passes a resolution allowing Parliament’s intervention in the national interest.
(3) Administrative Relations:
(a) Appointment of Governors: Governors, appointed by the President, represent the Union in the states and play a vital role in the coordination between the Union and states.
(b) All India Services: Services like the Indian Administrative Service (IAS), Indian Police Service (IPS), and Indian Forest Service (IFS) are under the control of the Union but function in both the Union and states, aiding in administrative coordination.
(4) Financial Relations:
(a) Financial Distribution: The Finance Commission is constituted every five years to recommend the distribution of financial resources between the Union and states.
(b) Grants-in-Aid: The Union provides grants-in-aid to states as per the recommendations of the Finance Commission or as stipulated by various centrally sponsored schemes.
(5) Cooperative Federalism and Inter-governmental Mechanisms:
(a) Inter-state Council: This serves as a platform for discussion and consultation on issues between the Union and states, fostering cooperative federalism.
(b) Goods and Services Tax (GST): The GST Council is an example of cooperative federalism, comprising Union and state finance ministers, responsible for GST-related decisions, ensuring uniform taxation across the country.
(6) Significance in Indian Governance:
(a) Unity in Diversity: The federal structure accommodates regional diversity while maintaining national unity and integrity.
(b) Checks and Balances: It provides checks and balances between the Union and states, preventing the concentration of power and promoting decentralization.
(c) Flexibility and Adaptability: The Constitution allows for amendments and changes to meet evolving societal, economic, and political needs, ensuring flexibility in the governance framework.