Federalism: As Conceptual Analysis



Studies on federalism mainly focused upon the legislative, financial and administrative relations between the centre and the state. As mainly federalism talks about the relation between the centre and state. In other words, Federalism is a type of government in which the power has been divided between the two that is centre and state it basically contradicts with a unitary government in which a central authority holds a power to take decision and d confederation in which the state has no duty to make any type of decision.

If we take the context of India it is quasi federal but in the real sense it is not very much federal because if we take example of last year in 2020 the world has ravaged with the pandemic and India was one of the countries and nationwide lockdown has happened in the country most of the decisions were only made by the central government and not by the stateset

The deal with the conceptual analysis of federalism is on the basis of the views of the various different theories namely classical, origin and functional theory. The main attention has been drawn upon the certain theory of federalism today majorly focus on the topic such as classical theory, origin theory, and functional theory as mentioned earlier. There has been a certain type of common trend has been observed or what we can say seen that in all the federations is that a central government has taken a leadership in determining the powers such as:
Setting standards for the legislative policies.
Review and implement and providing finances which are needed for the various programmes.

This particular things might have result into the supremacy of the central government and subordination of the state government in the federal features states that there must be distribution of the power between the central and state government. In the context of India in pursuant to that which is mentioned above about the federalism Article 246 of the Indian Constitution gives power to make laws to both central and state government to make laws in the respective matters which are provided in the three list namely
• Union list:
Under this list it includes Defence, Foreign Affairs, matters of Currency, War and Peace, Railways, Interstate trade and commerce etc.
• State list:
Under this it includes Law and order, Agriculture, animal husbandry, Water supply, irrigation and canals, fisheries, road passenger tax, etc.
• Concurrent List:
Under this list the subjects which are could be used by both union and state subjects includes Health, Actionable wrongs, bankruptcy and insolvency, education, contempt of court etc.

So these were some of the subject which comes under this three list mentioned under Art 246 of the Indian constitution. Indian constitution is aid to the federal structure because it has been clearly stated that it has a clear demarcation of boundaries between central and state government similar to that of the US. India is also legislative and executive authority divided between the centre and state.

India sometimes claimed to be non-federal members as I mentioned earlier that in some cases India has acted as a unitary form of government. Such as the Centre can impinge upon the areas earmarked only for the state in some cases. Therefore, it infringes the principle of federalism as it makes the state dependent of the centre. Hence, every time it is also said that it is type of unitary form of government.

There may be the legal demarcation of powers between the centre and the state government, social services constitutes a feel to endeavor in which the federal and the state government has become co sharer of common goals and for the main purpose.

Aishwarya Says:

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