School of Law and Governance

Central University of South Bihar

LAW 408 INDIAN FEDERALISM L T P C
Version: 1.1 6 0 0 6
Pre-requisites//Exposure Constitution
co-requisites
Semester
B.A. LL.B.(H) &B.Sc.LL.B.(H)

Course Objective:

 To understand the concept of Federalism.

 To undertake a study of legislative and executive working of centre-state relationship in
smooth functioning of federal constitution.
 To analyze emerging trends in financial relationship between centre and states and
challenges before Indian Federalism.
 To understand the importance of third tier government in governance.

Teaching Learning Methodology:

Lecture Method
Case Study Method
Seminar, presentations by students,
Individual and group drills.
Group Discussion Method
Evaluation Scheme:
Continuous Assessment 30 Points
Attendance 5 Points
Mid-Term 15Points
End Term 50 Points
Learning Outcome:
After the completion of this course all the students are expected to understand the real
concept of Indian Federalism. This course deals the extensive study on centre and state
relationship along with emerging trends in this area. Students are expected to know the basics of
Administrative, Financial and Legislative Relations between Centre and State as well as Local
Self government. There is a value-addition in traditional sphere of federalism by adding fiscal
relationship and local self-government module. The emerging challenges in financial relationship
between centre and state will help student to work with different research agencies and
institutions.
An analytical study of judicial response regarding Federalism will help the student to understand
the federal relations easily.

Prescribed Books:
Indian Federalism by Hamid Hussain
Federal India by Akhtar Mazid
Federalism in India by Ashok Chanda
Challenges and Issues in Indian Fiscal Federalism by Naseer Ahmad Khan
Indian federalism in the New Millenium by B.D. Dua & M.P. Singh
Federalism in India –Issues and Dimensions by Anil kumar Mohapatra & Susanta kumar Parida
Federalism and local Government in India by Amnil Kumar vaddiraju

UNIT I Weightage 15
Basic Concept of Federalism
 Constitutionalism, Constitution and Constitutional Law
 Concept of Federalism
 Cooperative Federalism.
 Confederation and Federation
 Condition requisite for Federalism
 Indian Federal Constitution and its present shape
 Nature of the Indian Constitution.
 Comparative study of Indian Federalism with other Federation
 Relationship of trust and faith between center and state.
 Challenges before the Indian Federalism.
UNIT II Weightage 30
Center State Relation in India

A. Financial Relations
 Centre- State relations
 Factors responsible for sub-ordination of States
 Distribution of Fiscal Power:
 Scheme of Allocation of taxing
 Extent of Union Power of Taxation
 Residuary Power- inclusion of fiscal power
 Restriction of fiscal power:
 Fundamental Rights
 Inter-Government tax immunities
 Difference between tax and Fee
 Distribution of Tax Revenue
 Borrowing power of the State
 Planning and Financial Relations

B. Legislative Relations
 Territorial Jurisdictions
 Distribution of Legislature powers Principles of Interpretations
 Repugnancy
 Residuary Power
 Parliamentary Legislation in the State field Administrative and Financial

C. Administrative Relations
 Distribution of Executive Power
 Central- State Administrative Co-ordination
 Power to carry on Trade
 States not to impede the Centre
 Center’s Directives to the States
UNIT III Weightage 15
Emergency provisions: Effect of Emergency on the federal structure. Judicial approach.

UNIT IV            Weightage 10
Scope of Constituent power. Amending process and process in action. Judicial response.

UNIT V Weightage 10
Sarkaria Commission Report: An Analytical Study

UNIT VI Weightage 10
Local Government Administration

 Development of local self government after independence: 73rd and 74th Constitutional
amendments:
 Concept of local government - Aims and objectives of local government
 Local government in historical perspective
 Categories of local government - organizational set up of local government
 Powers of local government - taxing, prosecuting, advising, legislative, Judicial and
summary.
 State - local government relation - judicial control of local government

UNIT VII Weightage 10

Commerce Clause

 Freedom of Trade and Commerce

 Regulatory and Compensatory Tax
 Exceptions to Freedom of Trade and Commerce
 GST and Federalism