Noida International University

School of Legal Studies & Research

Course: LL.M., 2nd Semester Paper: Federalism Object of Paper The object of paper is to study the form and functioning of the government functioning according to the law. The paper dealt with the evolution of the concept of federalism and its development towards cooperative federalism. In the paper the characteristics of the federalism will be studied. And the federation will be distinguished with the other forms of government i.e. the Unitary system and Confederation. Two forms of government will be discussed in respect of the countries following the particular forms of government. Then the federalism will be dealt in respect of Indian constitution and it will be discussed that whether India is following the pure form of federalism or co-operative form of federalism. Units 1. Introduction A. Origin of Federalism B. Nature of Federalism 2. Distribution of Legislative Powers A. Need B. Patterns of Distribution C. Conflicts I. Between Exclusive Jurisdictions II. In Concurrent field D. Supremacy or Paramountcy of Federal Law and Repugnancy I. General Rules II. Tests of Inconsistency III. Inconsistency and Implied Repeal 3. Impact of Emergency upon Federal Powers A. External Emergency Group: Constitutional and Administrative Law Paper Code: LLM202

B. Internal Emergency C. Financial Emergency 4. Union- State Relations A. Need for mutual limitations B. Techniques of Union Control over States C. Agencies of Co-ordination and Co-operation (Co-operative Federalism) D. Settlement of Union-State Disputes 5. Relations between States Inter Se A. Inter State Comity B. Inter State Co-operation C. Freedom of Trade and Commerce References: 1. Prof. K. C. Wheare, Federal Government (1963) p 35 2. Dicey, Law of the Constitution 10th edn. Pp 155-57 3. D.D.Basu, Comparative Federalism,

Points to Discuss: 1. What is a federal government? 2. Difference, between confederation and federation 3. Conditions requisite for federalism. 4. Patterns of federal government - U.S.A., Australia, Canada, India. 5. Judicial review - for federal umpiring 6. New trends in federalism: Co-operative federalism 7. India - Central Control v. State Autonomy 8. Political factors influencing federalism 9. Plural aspects of Indian Federalism : Jammu & Kashmir, Punjab, Assam. 10. Dynamic of federalism.