Federalism and State Rights
The article argues that federalism and the safeguarding of State rights should be the core unifying principle for political alliances like the INDIA bloc, ra...
The article analyzes the unifying factor of the Indian National Developmental Inclusive Alliance (INDIA) bloc. It argues that while a shared apprehension of the BJP's political conduct initially brought the alliance together, the Congress party's pan-India presence is not its true 'glue'. Instead, for long-term coherence and an organized structure, the principle of federalism and the safeguarding of State rights, as enshrined in the Constitution, must serve as the real unifying force for the diverse national and regional parties within the bloc.
Durable syllabus ideas for revision — not article memory.
The article argues that federalism and the safeguarding of State rights should be the core unifying principle for political alliances like the INDIA bloc, ra...
Previous year Prelims questions on overlapping themes and topics.
Which one of the following in Indian polity is an essential feature that indicates that it is federal in character?
Option A is correct. In a federal system, power is distributed between the central government and the states. There can be disputes about the division of power or interpretation of the Constitution.
An independent judiciary acts as an impartial umpire to settle these disputes and uphold the Constitution. It ensures that both the central government and the states function within their constitutional boundaries.The other options, while relevant to Indian polity, are not exclusive to federal systems Option B is incorrect. The Union Legislature having elected representatives from constituent units is a common feature in both federal and some unitary states with devolved power. Option C is incorrect. The Union Cabinet having elected representatives from regional parties is not a defining characteristic of federalism. Political party affiliation doesn't necessarily determine the federal structure. Option D is incorrect. The Fundamental Rights being enforceable by Courts of Law, while essential for a democracy, this feature exists even in some non-federal states.
Consider the following subjects under the Constitution of India:
I. List I–Union List, in the Seventh Schedule
II. Extent of the executive power of a State
III. Conditions of the Governor’s office
For a constitutional amendment with respect to which of the above, ratification by the Legislatures of not less than one-half of the States is required before presenting the bill to the President of India for assent?
Statement I is Correct: Any change in the Union List alters the distribution of legislative powers and requires ratification by at least half of the State Legislatures. Statement II is Correct: Changes affecting the extent of a State’s executive power also need ratification by not less than one-half of the States. Statement III is Incorrect: Conditions of the Governor’s office can be amended by Parliament alone and do not require ratification by States.
Consider the following statements:
I. The Constitution of India explicitly mentions that in certain spheres the Governor of a State acts in his/her own discretion.
II. The President of India can, of his/her own, reserve a bill passed by a State Legislature for his/her consideration without it being forwarded by the Governor of the State concerned.
Which of the statements given above is/are correct?
The Constitution outlines specific roles where the Governor can act at his/her own discretion, but it does not allow the President to unilaterally intervene in State legislation without the Governor's involvement. ✅ Statement I: Correct
* The Governor can act in discretion in certain cases (e.g., reserving a bill for the President under Article 200, or appointing a CM in a hung assembly).
* Article 163(2) makes the Governor’s discretion final in such matters. ❌ Statement II: Incorrect
* The President cannot suo motu reserve a State bill. Only the Governor can do this under Article 200.
Which one of the following is not a feature of Indian federalism?
Indian federalism is characterized by key features such as an independent judiciary, a clear division of powers between the Centre and the States, and unequal representation of States in the Rajya Sabha, all of which are enshrined in the Indian Constitution. However, unlike classical federations like the United States, Indian federalism is not the outcome of an agreement among the federating units. The Indian Constitution, which lays down the framework for India's federal structure, was not created through an agreement among the federating units but was adopted by the Constituent Assembly of India.
Consider the following statements :
1. According to the Constitution of India, the Central Government has a duty to protect States from internal disturbances.
2. The Constitution of India exempts the States from providing legal counsel to a person being held for preventive detention.
3. According to the Prevention of Terrorism Act, 2002, confession of the accused before the police cannot be used as evidence.
How many of the above statements are correct?
* Statement 1 is correct: According to Article 355 of the Indian Constitution, it shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of this Constitution. * Statement 2 is correct: Article 22(3)(b) mentions that individuals detained under preventive detention laws are not initially entitled to consult or be defended by a legal practitioner until the grounds of detention are disclosed to them. Although the constitution allows for exceptions in preventive detention cases, it does not prohibit state governments from providing legal counsel to the detained person. The state has the discretion to offer legal assistance if it wishes. * Statement 3 is incorrect: Section 32(1) of POTA 2002 allows confessions made to a police officer of at least Superintendent rank, overriding certain provisions of the Code of Criminal Procedure and the Indian Evidence Act.
If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State, then -
Option A is incorrect: When President's Rule is imposed, the State Assembly is not automatically dissolved. It can either be kept in suspended animation or dissolved later through a separate proclamation. Option B is correct: Under President’s Rule, the legislative powers of the state legislature are transferred to Parliament, which can make laws for the state during this period. This is in line with Article 356, which allows the President to assume state functions when the constitutional machinery breaks down. Option C is incorrect: Article 19, which guarantees fundamental rights such as freedom of speech, movement, and profession, is not automatically suspended under President’s Rule. Fundamental rights are only suspended during a national emergency under Article 352, not under Article 356. Option D is incorrect: The President does not directly make laws for the state under Article 356. Instead, Parliament exercises legislative powers on behalf of the state during President’s Rule.
Consider the following statements:
Statement-I: In India, prisons are managed by State Governments with their own rules and regulations for the day-to-day administration of prisons.
Statement-II: In India, prisons are governed by the Prisons Act, 1894 which expressly kept the subject of prisons in the control of Provincial Governments.
Which one of the following is correct in respect of the above statements?
The Prisons Act 1894 is one of the oldest pieces of legislation in India dealing with laws enacted in relation to prisons in India. * Statement 1 is correct: Prison is a State subject under List-II of the Seventh Schedule in the Constitution. States have the primary role, responsibility, and power to change the current prison laws, rules, and regulations. Hence it is true that prisons are managed by the state governments with their own rules and regulations. * Statement 2 is correct: The management and administration of Prisons falls exclusively in the domain of the State Governments and is governed by the Prisons Act, of 1894 and the Prison Manuals of the respective State Governments. * Hence it is true that the Prisons Act of 1894 kept the subject of prisons in the Provincial government (State governments) and this explains why State governments have the power to frame their own rules and regulations regarding prison management.
With reference to India, consider the following statements:
1. When a prisoner makes out a sufficient case, parole cannot be denied to such prisoner because it becomes a matter of his/her right.
2. State Governments have their own Prisoners Release on Parole Rules.
Which of the statements given above is/are correct?
Statement 1 is incorrect. Parole is not an absolute right in India. There's a consideration process involved. While a prisoner can present their case for parole, the authorities have the discretion to grant or deny it. Statement 2 is correct. State governments do have their own set of rules governing parole within the broad framework provided by the Prison Act, of 1894 and the Prisoner Act, of 1900.
With reference to the cabinet mission, which of the following statements is/are correct?
1. It recommended a federal government.
2. It enlarged the powers of the Indian courts.
3. It provided for more Indians in the ICS
Select the correct answer using the code given below.
Statement 1 is correct: The Cabinet Mission (1946) recommended the establishment of a federal government in India with a weak centre controlling only defence, foreign affairs, and communications, and the provinces grouped into sections with autonomy in other matters. Statement 2 is incorrect: The Mission did not propose any changes in the powers of Indian courts; its purpose was to plan the constitutional framework for transfer of power, not judicial reforms. Statement 3 is incorrect: The Mission made no recommendation regarding the Indian Civil Services (ICS) or increasing Indian participation in it.
With reference to the Government of India Act, 1935, consider the following statements:
1. It provided for the establishment of an All India Federation based on the union of the British Indian Provinces and Princely States.
2. Defence and Foreign Affairs were kept under the control of the federal legislature.
Which of the statements given above is/are correct?
* Statement 1 is correct. The Government of India Act, 1935, proposed an All India Federation that would encompass both the British Indian Provinces and the Princely States. However, this federation never fully materialized due to the reluctance of many Princely States to join. * Statement 2 is incorrect. The Act reserved key subjects like Defence and Foreign Affairs under the control of the Governor General, representing the British Crown, and not the federal legislature. This ensured British dominance in these crucial areas.
Previous year Mains questions mapped to overlapping GS syllabus topics.
The National Commission for Protection of Child Rights has to address the challenges faced by children in the digital era. Examine the existing policies and suggest measures the Commission can initiate to tackle the issue.
"In contemporary development models, decision-making and problem-solving responsibilities are not located close to the source of information and execution defeating the objectives of development." Critically evaluate.
What are environmental pressure groups? Discuss their role in raising awareness, influencing policies and advocating for environmental protection in India.
Examine the evolving pattern of Centre-State financial relations in the context of planned development in India. How far have the recent reforms impacted the fiscal federalism in India?
Discuss the evolution of collegium system in India. Critically examine the advantages and disadvantages of the system of appointment of the Judges of the Supreme Court of India and that of the USA.
Indian Constitution has conferred the amending power on the ordinary legislative institutions with a few procedural hurdles. In view of this statement, examine the procedural and substantive limitations on the amending power of the Parliament to change the Constitution.