NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL

SESSION 2018-19

TRIMESTER V

CONSTITUTIONAL LAW – III

PROJECT

TOPIC: SOME ASPECTS OF INDIAN FEDERALISM

Submitted to:-

Prof. Kuldeep kaur

Submitted by :-

Anushri Bhalavi

2018(BALLB)53
CERTIFICATE

This is to certify that this project has been prepared and submitted by Anushri Bhalavi,
pursuing her B.A. LL.B. (Hons.) at National Law Institute University, Bhopal. This is in the
fulfillment of the Constitutional Law II course. This is also to certify that this is her original
project work and this has not been submitted to any other university.

Date: 10th November, 2019

Signature of student: …………………………

Signature of Professor: …………………………

ACKNOWLEDGEMENT

I would like to thank my constitutional law professor, Professor Kuldeep Kaur for providing
me with the opportunity of working on this project. It was a great learning experience and it
helped in enhancing my research skills. Also, it helped me in widening my knowledge about
the aspects of Indian federalism. It help me to develop a better understanding about the idea
and rationale behind choosing federal structure for India. I would also like to thank the library
‘Gyanmandir’ for providing me resources essential for completion of research.
Table of Contents

I. Introduction
II. About Statutes
III. About tests
IV. Why problem perpetuates
V. Case laws
VI. Conclusion

VII. Bibliography
INTRODUCTION

Federalism is a mode of political organization that unites separate states or other

polities within an overarching political system in a way that allows each to
maintain its own integrity. Federal systems do this by requiring that basic
policies be made and implemented through negotiation in some form, so that all
the members can share in making and executing decisions. The political
principles that animate federal systems emphasize the primacy of bargaining
and negotiated coordination among several power centers; they stress the virtues
of dispersed power centers as a means for safeguarding individual and local
liberties.

The constitution of India was framed on January 26, 1950. It contains articles
and schedules to provide us the guideline to run the country. It ushers into the
country a polity based fundamentally on two ingredients – British type
democratic system of government and federalism. It provides India to be a
union of states1.

1
Article 1 in The Constitution Of India 1949
Contemporary federations
Indian federalism is standing on three pillars a strong centre, flexibility and a
co-operative federalism. This concept was accepted by various countries such as
Canada, Australia and U.S.A.
The oldest contemporary federal constitution is the American constitution
drafted in 1789. There were several colonies that came together to form a union
of states. American constitution has divided the powers among the centre and
the states. Whatever is not provided explicitly to fall under the central list is to
be dealt by the state.
In the 18th century America focused mainly on agriculture and by the end of the
20th century it shifted its lens and focused on the industrial side and emerged as
an industrial community. The development took place in several dimensions not
only through the forma amendments to the constitution but through judiciary
interpretations. The judiciary indirectly empowered the centre by protecting the
centre from state actions that could interrupt the central policies.
Eg;
Canadian federal structure has been majorly influenced by bi-racialism and
bilingualism (English and French). The majority population was English
speaking all over the country and only a minor section of the population spoke
French. But the interesting part was that the a major section of the French-
speaking minority resided in a state of Canada, Quebec. Thus disputes arose as
the majority of Quebec population wanted the state to get more powers than the
state whereas the demands were flipped by the English speaking section; they
wanted centre to acquire more powers than the state.
The framers of the Canadian constitution preferred preserving national interest
over local interets