Political Science 5 Marks Question

The unification of four large states with sizeable populations would not be in tune with the idea of federalism. This is because there are many regional variations in the local issues that affect people in these states. Addressing these issues requires a separate political and administrative set up for each of them. From an administrative point of view, the creation of one very large state with a huge population would lead to imbalances in the distribution of resources across the territory. This would lead to unequal development and conflicts between various regions with the failure to fulfil the aspirations of all people.

1. The role of governor is referred to as interference by the central government in the functioning of the state government, hence it becomes controversial.
2. This controversy becomes much more if the power vests in the different lands at the centre and the state.
3. As per Article, 356, the Governor exercises the power to recommend the dissolution of state assembly.
4. Examples:

1. The central government dismissed the elected governments in Andhra Pradesh and Jammu and Kashmir in 1980s.
2. In Bihar, also state assembly was dissolved on the recommendation of the Governor in 2005.Though, it was later pronounced unconstitutional.

5. Due to these practices of Governor, the states remain unhappy with them.

It is essential that some states should be governed by the special provisions on the basis of historical, cultural and social circumstances and administrative requirements. The north-eastern states, Jammu & Kashmir, the hilly state of Himachal Pradesh and some other states like Andhra Pradesh, Goa, Gujarat, Maharashtra and Sikkim are governed by special provisions. The special provisions are made according to the special requirements. For example, the north-eastern states of India have a unique history and tribal culture that needs to be protected.
This has created resentment among other states as there is a fear that these provisions would lead to separation in those areas. Many people oppose these provisions because they believe that there should be equal division of powers in federal state.
No, this does not forge greater unity among the regions of the country as it leads to a feeling of bias.

The federal structure of Belgium is based upon communities, regions and languages. There are three communities and regions and four linguistic regions in the country.
Title I: On Federal India, its components and its territory.
Article 1: India is a Federal State made up of communities and regions.
Article 2: India has more than 20 major languages and several hundred minor languages.
Article 3: India has many religions.
Article 4: India is divided into 28 states and 7 union territories.
Article 5: India has two separate levels of government, one at the centre and another at the state level. The power of the central government is greater than that of the state government.
Article 6: India has a judiciary that is the most powerful and independent.

• No. Killing of two members of the State legislative assembly belonging to the main opposition party by the criminals is not the basis for removal of the state government as it is a law and order problem.
• No. Rise in kidnapping of young children for ransom and the number of crimes against women is a law and order problem but does not represent a breakdown of the Constitution.
• No. President’s rule cannot be imposed in a state without giving the largest political party or alliance a chance to prove their majority on the floor of legislative assembly.
• No. Ruling of two opponent and different political parties at the State and at the centre is not a criterion for implementing President’s rule.
• Yes. If the state is inefficient to control the riots then President’s Rule needs to be implemented as it represents a complete failure of the administration.
• Yes. If one state has refused to follow the decision of Supreme Court then it is a case of breakdown of constitutional order and fit for imposition of President’s rule.

The four features of the Indian Constitution that give greater power to the central government than the State government are as follows:

• Power becomes lawfully centralised during emergency.
• Items that generate revenue are under the control of the central government.
• Planning Commission that controls and supervise the resources management of the states is appointed by the central government.
• The central government can delay the state legislation and can also examine the bills passed by the state legislature and completely veto them.
• Articles 33 and 34 have strengthened the powers of the central government by authorising the parliament to protect persons in service of the union.
• The state governments cannot take disciplinary action nor can remove any administrative officer appointed by the central government.
• Article 356 provides central government with the power to dismiss state government and impose President’s rule.

• Yes, the agreement between the centre, state government and the GNLF involves the functioning of a federal structure as it allows autonomy in governance at the state and provincial level.
• Yes, it involves the functioning of federalism because flood relief is undertaken by the states while being funded by the centre.
• No, it does not involve the functioning of federalism because this appointment reflects a centralised authority.
• No, it does not reflect a federal structure as a centralised university comes under the control of the central government.
• Yes, it involves the functioning of federalism as the centre is providing funds to the state of Arunachal Pradesh under its rural water supply scheme. The state can then make use of the funds for its own development.
• No, it does not involve the functioning of federalism because it is hampering the essence of federalism. The states have autonomy but they are tied in the bond fibered by the central power and are bound to work according to the instructions of the central government as it is superior to the state. This act of Shiv Sena is violation of citizen’s rights as well as spirit of federalism.
• No, it does not involve the functioning of federalism as demand for the dismissal of a duly elected state government is an attack on the federal structure.
• Yes, it involves the functioning of federalism as the problem of naxalism is being tackled by government at state level.

Our Federal India:The powers of the central and state government should be separated where the states enjoy their autonomy and the central government has the advantage of having more power than that of the state government.
Agriculture, employment, infrastructure and public health should come into concurrent list. Water distribution should come into Union List. Residuary power of the Union legislature should be expanded and be flexible according to the need. The union legislature has to legally explain its decision and steps on exercising such power so that discrimination between states cannot take place. The states should be formed on the basis of administrative convenience and geographical continuity. The sources of revenue collection and the control of the resources should be in the hand of the central government. However, the states should be free to set up enterprises that attract investment locally. The central government has to take initiative to resolve interstate disputes in a time bound manner and the order of the Supreme Court would be final in this regard. Incitement of regional bias during inter-state disputes should be made a cognizable offence. The governor should be appointed by the central government in consultation with the state government. This would prevent the misuse of the office of the governor. The candidate for the post of the Governor should not be from political background. The conditions for the imposition of President’s rule should be made very strict to prevent the abuse of this provision. State governments should have the right to challenge their dismissal in Supreme Court.