Indian Constitutional Law

COLLEGE: V. N. PATIL LAW COLLEGE

S U B J E C T: I N D I A N C O N S T I T U T I O N A L L AWT O P I C : F E D E R A L I S M

PRESENTED BY

VISHAL V. UDHAN

LLM 1ST YEAR

CRIMINOLOGY

OBJECTIVES

INTRODUCTION

DEFINITIONS

MERITS OF FDERAL GOVERNMENT

DEMERITS OF FEDERAL GOVERNMENT

COOPERATIVE FEDERALISM

THE EMERGENCY PROVISIONS

INTRODUCTIONThe term federal is derived from the

Latin word “Foedus” which means

treaty or agrrement. In case the

federal constitutions there is a

agreement, namely, written

constitutions, which defines and

determines the power of the two sets of

government, national and regional. A

federal government is a dual

government.

DEFINITION

Montesquieu:According to him, “A constitution by which several similar states agree to become members of a large one is a federal government

ESSENT IAL FEAT URES O F FED ERAL CON STIT UTION

1.Distribution of powers: In a federal government

powers are divided and distributed between the Centre and the

states.

2.A written constitution: since there is division

between central and state governments, a federation has a

written constitution.

3.Supremacy of the constitution: supremacy of the

constitution means that the constitution should be binding on

the central and state governments.

CONT..

4.Rigid constitution: It is because the federal

constitutions should not be amended, altered or even

revoked by the national government or the regional

governments at their sweet will.

5.Authority of courts: judiciary is the “watch

dog of the constitution” or “guardian of the

constitution”

MERITS OF THE FEDERAL GOVERNMENT

It is based on the principle of decentralization of the powers.

As the powers are divided between the Centre and the states, neither of two governments can be despotic.

There is greater efficiency in administration in a federal set of government. Government functions can be discharged by he servants of the both government thus work can be shared by the both because of which central government is relieved of the burden of heavy administration.

It considered as essential for democratic legal system.

DEMERITS OF THE FEDERAL GOVERNMENT

Federal government is treated as weak government as it

is based on division of powers between the Centre and the

states neither the Centre nor the state enjoys full power of

legislation and administration.

In federal government there is no uniformity of law as

well as administration.

Federal government does not change according to change

of time as the constitution is rigid and is difficult to amend.

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