FEDERALISM IN INDIA- AN OVERVIEW

FEDERALISM IN INDIA - AN OVERVIEW.

CHAPTER I INTRODUCTION

To understand Indias federalism, we have to ask what kind of nation India is. On account of the powerful impact of the trauma of partition and euphoria of independence, the makers of the Indian Constitution virtually glossed over the multi-national character of our polity and decided to set up such a highly centralized federal system that the scholars on federalism questioned its very claim of being a federal system. So much so that a well-known expert on federalism, K.C. Wheare, had to observe that India is a unitary state with federal principles rather than a federal state with subsidiary unitary features. Indias federal experiment has undergone, over the past sixty years, many trials and tribulations. In these chapters, we seek to capture the defining features of federalism as well as the innovations.

1.1.AIMS AND OBJECTIVES Federalism has been part of the public discourse in India for many decades, before and after independence in 1947, but it has gained greater importance since the 1990s when the country's national polity saw the advent of the coalition era. With the states now asserting their position in areas which were considered the prerogative of the Centre, this research strives to analyze some of the related issues and suggests possible paths for the future. Indian federalism remains in essence work in progress, and this research attempt to highlight major features which have marked its development, and to see if there are any lessons to be learnt.

FEDERALISM IN INDIA- AN OVERVIEW 1.2.RATIONAL AND SIGNIFICANCE OF RESEARCH The researcher chose the topic Federalism in India- An Overview. There has always been a controversy as to the question whether Indian Constitution is federal or unitary. To solve this controversy it is necessary to examine the essential characteristics of federal constitution. The constitution of India have chosen to be a federal system but with the capacity to work as unitary when so required. Co-operative federalism is a modern approach where the power distributed is between national government and state government. The framers of the Indian Constitution have also sought to provide for co-operative federalism.

1.3.HYPOTHESIS Constitution of India is neither purely federal nor purely unitary but a unique blend of both. According to the needs and demands of circumstances and to meet the aspiration of people, there are some provision in the Indian constitution which deviates from purely federal characters. It is like a chameleon which can change colour according to the environment. Thus, adopting of federalism is appropriate decision of constituent assembly of India. Constitution of India contains various provisions for inter-state coordination and cooperation. Cooperation and coordination between the union and states is necessary for the development of the country therefore cooperative federalism is real policy adopted by the government of India with the help of various constitutional provision.

1.4.STATEMENT OF PROBLEM What is the nature of the Indian constitution- federal or unitary? What are the essential features of federalism and are this features present in the Indian constitution? Is co-operative federalism followed in Indian federal system? Was the choice to become federal appropriate?

FEDERALISM IN INDIA- AN OVERVIEW 1.5.SCOPE OF WORK The scope of work of this research is as under: To study in detail the meaning and essential characteristics of federalism To study the Indian federal system and the reason for adopting this particular type of system To study in detail the relation between centre and state To analyze the present situation and the problems arising. To criticize the loopholes that exists in the parliamentary system of India.

1.6.RESEARCH METHODOLOGY For this longish term paper researcher followed the doctrinal research methodology, In which the evaluation and analysis is based on secondary sources. Therefore all the data collection will have its base from textbooks, law journals, case laws, research papers, periodicals, newspapers, e-journals and articles and eventually navigate the conclusion and suggestions on the aforesaid study.