March 9, 2023

Exercise of legislative powers by the executive under article 356

This article has been written by Kommula Vikram of Lloyd law college

Federalism in India:

Federalism in India is both similar and different to other federations such as the United States. It differs in that it is a decentralized entity that draws its power from a single source, the union, rather than a group of independent states that form a federation by giving up some of their governmental rights. Sovereignty and government powers are distributed and shared among several units and institutions within the constitutional system of India. Babathaheb Ambedkar, chairman of the Drafting Committee Drafting Committee, stressed the importance of calling India a ‘national coalition’ rather than a ‘national coalition’. He said:

‘. . . It is important to use the word “union” consciously. ..land and people may be divided into different states for ease of administration, but the country is a united whole, and its people descended from a single source under a single empire. Single people living in However, the similarities between the government systems of the two countries are striking. Both governments demonstrate strong union control, with individual states surrendering a significant portion of their autonomy to the central government in exchange for security and the pursuit of common interests. In the Commonwealth, on the other hand, individual states retain most of their sovereignty and are only loosely connected to each other. In the words of Alexander Hamilton (famous co-author of the Federalist Papers with James Madison and John Jay), he describes a proposed constitution for the federal government of the United States. , or the amalgamation of two or more states into a single state. The scope, modification, and purpose of federal authorities is purely a matter of discretion. Unless another organization of members is abolished. so long as it exists by constitutional necessity for local purposes. It should be completely subordinate to the general authority of the Confederation, but in fact, in theory, it can still be the Confederation or the Confederation.

The proposed constitution does not imply the abolition of state governments, but rather makes state governments part of national sovereignty by giving them direct representation in the Senate and a specific exclusive and very We keep the important parts. In any reasonable interpretation of the term, this fully corresponds to federal thinking. This is essentially a way of describing central-state relations in India. Except for certain emergency provisions in the Indian Constitution where the Commonwealth exercises absolute control over the states. James Madison in Federalist Papers, in particular Federalist No. 45, details the issues surrounding the renunciation of sovereignty by states to central (or “federal”) authorities. must be sacrificed to the Commonwealth. He then examines in detail the dangers this poses to the rest of the state power (this question is very close to the heart of this paper). He argues that the study of similar systems in antiquity, such as the Achaean League and the Lycian Federation, would show that the danger of federated powers seizing power is less than the danger of the federation degenerating into smaller factions that do not. are doing, can 

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