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Federal System

The Bommai Case of 1994 discusses the nature of federalism in India, emphasizing that states are not merely extensions of the central government but have their own autonomy. It highlights the indestructible nature of the federation, the division of powers, and the importance of a strong central authority while maintaining state integrity. The document also outlines the constitutional provisions that protect federal relations and the judiciary's role in upholding these principles.
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0% found this document useful (0 votes)
2 views

Federal System

The Bommai Case of 1994 discusses the nature of federalism in India, emphasizing that states are not merely extensions of the central government but have their own autonomy. It highlights the indestructible nature of the federation, the division of powers, and the importance of a strong central authority while maintaining state integrity. The document also outlines the constitutional provisions that protect federal relations and the judiciary's role in upholding these principles.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Bommai Case, 1994

Relations between centre and regional


Federalism is a basic feature of the consitution
government defines federalism
The states are not mere appendages to centre Read Ambedkar and others view from book
Comes from latin word "foedus" which means
once while revision
treaty or agreement which means to come
They are supreme in their own sphere together

There are some exceptions, but exceptions are A federation is formed two ways by coming
not rule together of weak states
Critical Evaluation
They are not for administrative purpose but Or by giving powers from s strong centre to
federal as a pillar of its own Introduction others because of diversity

Normal division of power where states enjoy India has adopted the federation from Canada
autonomy because we are not an agreement

National integrity where unity is required Article 1 says "India, that is, Bharat, shall be a
union of states
Federal examples - disputes between states,
new states, regional parties, more financial Its a federation of states which is indestructible
grants demand,
Constitution gave powers from Centre to other
states because of socio cultural diversity
Strong Centre
Federal System
Indestructible States Union at centre and states at periphery
Dual Polity
Single Const. There are limits of operation to center and
states
Flexinbility of the const.
Division of There are two list divided for the functioning of
Single Citizenship powers states and centre. (State list and central list)

Emergency Provision The constitution is supreme law and protects


Federal Supremacy
the federation. Any law that seems to take away
Centre's authority over State Features of the const.
the federation is declared unconstitutional
Weakening of
Appointment of Governor Federal Features Independent
The judiciary protects the federal relations
Judiciary
All India Services
Rajya Sabha, the house of states protects the
Bicameralism
Integrated Judiciary federation

Integrated audit machinery Rigid Any amendment of the const. requires special
Constitution majority with half of the states
Integrated election machinery

Veto over state bills

No equality of State Rep.

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