5.2.1 Division of Powers: Legislative, Executive, and Judicial
Here’s a detailed analysis of the division of powers in these branches:
(1) Legislative Division of Powers:
a. Union Legislature (Parliament):
Enumerated Powers: Parliament, at the Union level, exercises legislative powers over subjects listed in the Union List, including defense, foreign affairs, banking, etc.
Exclusive Jurisdiction: Parliament holds exclusive authority to make laws on Union List subjects. It consists of two houses – Lok Sabha (House of the People) and Rajya Sabha (Council of States).
b. State Legislature:
Exclusive Powers: State legislatures have exclusive jurisdiction over subjects listed in the State List, such as police, public health, agriculture, etc.
Enumerated Powers: State legislatures exercise legislative powers within their specified domain and have their own elected assemblies.
c. Concurrent List:
Dual Jurisdiction: Both the Union and states can legislate on Concurrent List subjects. However, in case of a conflict, Union laws prevail.
(2) Executive Division of Powers:
a. Union Executive:
President: As the ceremonial head, the President of India is the constitutional head of the Union and exercises executive powers in accordance with the advice of the Council of Ministers.
Council of Ministers: The Prime Minister and the Council of Ministers aid and advise the President. They are collectively responsible to the Lok Sabha.
b. State Executive:
Governor: Each state has a Governor appointed by the President who acts as the constitutional head of the state and performs executive functions as per the advice of the Council of Ministers.
Chief Minister and Council of Ministers: Similar to the Union, the state’s executive functions are carried out by the Chief Minister and the Council of Ministers, who are collectively responsible to the state legislature (Vidhan Sabha).
(3) Judicial Division of Powers:
a. Union Judiciary:
Supreme Court: The apex court of the country interprets the Constitution and safeguards the federal structure by resolving disputes between the Union and states or among states.
Judicial Review: The Supreme Court ensures the constitutionality of laws passed by both the Union and states, safeguarding the division of powers.
b. State Judiciary:
High Courts: Each state has its High Court responsible for interpreting state laws and adjudicating matters concerning the state’s executive and legislative actions.
Lower Courts: Below the High Courts, there are subordinate courts within each state’s jurisdiction to administer justice in civil and criminal cases.
(4) Checks and Balances:
a. Judicial Review: The judiciary, especially the Supreme Court, has the authority of judicial review to ensure that laws and actions of both the Union and states conform to the Constitution’s provisions, thereby maintaining a balance between them.
5.2.2 Role of the Judiciary in Maintaining Federal Balance
Here’s a detailed analysis of the judiciary’s role in preserving the federal structure:
(1) Interpretation of the Constitution:
(a) Guardian of the Constitution: The judiciary, especially the Supreme Court, acts as the guardian of the Constitution, interpreting its provisions to ensure adherence by both the Union and state governments.
(b) Basic Structure Doctrine: The Supreme Court, through the basic structure doctrine, safeguards the essential features of the Constitution, ensuring that no legislative or executive action violates these fundamental principles.
(2) Resolution of Disputes:
(a) Adjudicating Federal Disputes: The judiciary resolves disputes between the Union and states or among states, ensuring the maintenance of the federal structure as per the Constitution.
(b) Article 131 Jurisdiction: The Supreme Court has original jurisdiction under Article 131 to adjudicate disputes between the Union and states or between states, ensuring the federal balance is maintained.
(3) Judicial Review and Constitutional Validity:
(a) Judicial Review: The judiciary, especially the Supreme Court, exercises the power of judicial review to examine the constitutional validity of laws and actions of both the Union and states.
(b) Checks on Legislation: Courts ensure that laws passed by both the Union and state legislatures adhere to the constitutional framework, maintaining the federal balance and preventing overreach of powers.
(4) Preserving State Autonomy:
(a) State’s Rights and Autonomy: The judiciary protects the rights and autonomy of states by preventing encroachment on their powers by the Union or any other entity, ensuring a balanced federal structure.
(b) Article 370 Abrogation Case: The Supreme Court’s role in reviewing and adjudicating matters related to the abrogation of Article 370 in Jammu and Kashmir showcased the judiciary’s commitment to maintaining federal principles.
(5) Ensuring Cooperative Federalism:
(a) Promotion of Cooperative Governance: The judiciary encourages cooperative federalism by facilitating discussions and resolutions between the Union and states, ensuring effective governance.
(b) GST Council Cases: Cases related to the Goods and Services Tax (GST) Council illustrate the judiciary’s role in ensuring a balance between the interests of the Union and states in a cooperative federal setup.
(6) Protecting State’s Legislative Autonomy:
(a) State Legislation: The judiciary safeguards the legislative autonomy of states by ensuring that the Union doesn’t unduly interfere in subjects falling under the State List.
(7) Balancing Center-State Relations:
(a) Preventing Central Overreach: Courts prevent excessive interference by the central government in the affairs of the states, maintaining a balance in the federal structure.
(b) Maintaining Harmony: The judiciary’s interventions aim to maintain harmony and equilibrium between the Union and states, ensuring the federal principles enshrined in the Constitution are upheld.