Federalism and administrative law in India
Federalism and Administrative Law in India
What is Federalism?
Federalism is a system of government where power is divided between a central authority and constituent units (states or provinces), each having its own jurisdiction. In India, federalism is a quasi-federal system, as the Constitution establishes a division of powers between the Union and the States but also gives significant power to the Union government.
Federalism in India
The Constitution divides powers between the Union List, State List, and Concurrent List (Seventh Schedule).
The Union government handles subjects like defense, foreign affairs, and banking.
States handle subjects like police, public health, and agriculture.
Both can legislate on Concurrent List subjects.
The Constitution also provides mechanisms for resolving disputes between the Centre and States.
Administrative Law and Federalism
Administrative law regulates how administrative authorities of both Union and State governments exercise their powers. It ensures that administrative actions conform to constitutional limits, particularly regarding federal distribution of powers.
In India’s federal system, administrative law:
Regulates Centre-State relations.
Ensures administrative bodies respect the division of powers.
Deals with administrative disputes arising out of overlapping jurisdictions.
Controls the delegation and exercise of powers by both Union and State authorities.
Important Case Laws on Federalism and Administrative Law in India
1. State of West Bengal vs. Union of India (1963) — The Residuary Powers Case
Issue: Whether the Union or States have residuary legislative powers.
Significance:
The Court held that residuary powers lie with the Union under Article 248 and Entry 97 of the Union List.
This decision reinforced the supremacy of the Union in legislative matters not enumerated in the lists.
Outcome: Affirmed strong Centre in India’s federal setup.
Federalism Aspect: Clarified distribution of legislative powers and strengthened Union's authority.
2. S.R. Bommai vs. Union of India (1994) — President’s Rule and Federalism
Issue: Misuse of Article 356 (President's Rule) to dismiss state governments.
Facts: Several state governments were dismissed using Article 356 on flimsy grounds.
Significance:
The Supreme Court laid down strict guidelines to prevent arbitrary dismissal of states.
Held that federalism is a basic structure of the Constitution and cannot be destroyed by misuse of Article 356.
The power under Article 356 is subject to judicial review.
Outcome: Centre’s power to impose President’s Rule is limited and must be based on valid material.
Federalism Aspect: Protected state autonomy and strengthened democratic federalism.
3. In Re: Berubari Union Case (1960)
Issue: Transfer of territory between India and Pakistan, and the extent of Parliament’s power to cede territory.
Significance:
The Court held that Parliament can cede Indian territory only by amending the Constitution under Article 368.
Territorial integrity and federal balance require constitutional amendment for boundary changes.
Outcome: Strengthened the principle that changes affecting federal units need constitutional approval.
Federalism Aspect: Protects sovereignty and territorial rights of states in federal setup.
4. K.C. Gajapati Narayan Deo vs. State of Orissa (1953)
Issue: Conflict between Union and State laws on a Concurrent List subject.
Significance:
The Court ruled that if there is a conflict between Union and State laws on Concurrent List, Union law prevails unless the State law has received the President’s assent.
Clarified the rule of Union supremacy in concurrent legislation.
Outcome: Maintained hierarchical balance between Centre and States in legislative domain.
Federalism Aspect: Ensures clarity in division and priority of legislative powers.
5. Union of India vs. Raghunath Rai (1962)
Issue: Administrative control over services and appointments in Union and States.
Significance:
The Court observed that administrative control of services is a federal subject and States and Union have separate domains.
However, the Centre has power to regulate services under All India Services (IAS, IPS) to maintain national integration.
Outcome: Affirmed the balance in administrative control over services in federal structure.
Federalism Aspect: Maintains coordination and unity in administrative services in federal India.
Summary
Indian federalism divides powers between Union and States, with the Union holding a stronger position.
Administrative law ensures that this division is respected by regulating how administrative authorities exercise their powers.
Cases like S.R. Bommai protect state autonomy and prevent arbitrary dismissal of state governments, a vital federal principle.
Other cases like West Bengal vs. Union of India and K.C. Gajapati clarify legislative powers.
The Berubari Union Case stresses constitutional procedure for territorial changes, safeguarding state sovereignty.
Together, these cases maintain the delicate balance of federalism in India's administrative and constitutional framework.
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