2.9 Federalism
-
Federalism State of Bihar v. Kameshwar Singh (1952)
Background: The case dealt with the legislative power of state legislatures in relation to the central legislature, particularly on matters in the Union List.; The Court upheld that Parliament has exclusive power to legislate on matters in the Union List, acknowledging Parliament's residual powers.; Judgment solidified the idea that federalism in India favors the Union, with the Union having greater legislative…
-
S.R. Bommai V. Union of India (1994)
The case was concerned with the imposition of President's Rule in Karnataka and its implications for federalism.; The Court ruled that federalism is a basic feature of the Constitution and states have autonomy in their sphere.; Judgment reinforced federalism in India, ensuring state autonomy within the constitutional framework.
-
Federalism
Key Supreme Court Judgements 25
-
Union of India v. Harbhajan Singh (1983)
The case was concerned with Article 356 and the scope of the Union's power to dismiss state governments.; The Court ruled that the Union's power to impose President's Rule should be exercised with respect to federalism, not arbitrarily.; It put limits on central power by ensuring the Union cannot interfere with state autonomy without valid justification. Kameshwar Singh (1952) to show how the legislative and…
2.10 Role of Governor
-
Role of Governor S. R. Bommai Case (1994)
It examined the Governor's role in dismissing state governments and imposition of President's Rule.; The Court emphasized the primacy of a Floor Test to determine majority and limited the arbitrary use of Article 356 by Governors.; Judgement reinforced democratic processes by limiting Governors' discretionary powers in dismissing state governments. Rameshwar Prasad Case (2006):; It addressed the Governor's role in…
-
Role of Governor
Key Supreme Court Judgements 26
-
Harish Chandra Rawat V. Union of India Case (2016)
The case was concerned with the Governor's report and the process of imposing President's Rule.; The Court ruled that the Governor's report must be verified by the Council of Ministers before President's Rule is imposed. Reinforced the need for transparency and fairness in imposing President's Rule. State of Punjab v. Principal Secretary to the Governor of Punjab (2023):; It addressed the procedure for withholding…
2.2 Centre - State Relations
-
Centre - State Relations
Rajamannar Committee on Centre-State Relations
-
Centre - State Relations
Focus Areas Recommendations
-
Centre - State Relations
Establishment of an Inter- Create an Inter-State Council for discussing and resolving issues State Council between Centre and States. ISC was established in 1990.
-
Centre - State Relations
Revenue Devolution Make excise duties and cesses compulsorily divisible between Union and States, instead of at the Union’s discretion.
-
Centre - State Relations
IMPORTANT COMMITTEES, RECOMMENDATIONS 12
-
Centre - State Relations
Transfer of Subjects Transfer mineral oil resources and other subjects from Union List to State List for greater state control.
-
Centre - State Relations
Venkatachaliah Commission (2002) Recommendations on Centre-State Relations:
-
Centre - State Relations
Inter-State Create Inter-State Council to facilitate dialogue, build consensus, and address Council contentious issues between Union and States.
-
Centre - State Relations
Transfer of Union should only manage subjects in concurrent jurisdictions essential for Entries from List II national uniformity. to List III
-
Centre - State Relations
President’s Apply 6-month period (Article 201) for President’s assent on Bills; reasons Assent for withholding assent should be communicated to States.
-
Centre - State Relations
IMPORTANT COMMITTEES, RECOMMENDATIONS 13
-
Centre - State Relations
Treaty- Parliament to legislate on treaties and agreements with foreign Making Powers countries(Entry 14 of List I); Finance Commission to include ffinancial implications of treaties.
-
Centre - State Relations
Streamlining Focus on streamlining Center-State interactions without curtailing Union’s Center-State power for national unity. Interactions
-
Centre - State Relations
Punchhi Commission on Centre-State Relations Focus Areas Recommendations Amendments to Limit Centre’s intervention to specific troubled areas for up to 3 months. Articles 355 and 356 National Establish a superior internal security structure (similar to US Homeland Integration Council Security Department). Convene annually, with 5-member delegation visiting communal tension areas within 2 days. Concurrent List Centre…
Facts and figures for this syllabus heading.