FEDERALISM

Semester VII and IX (CG Hons)

Course Teacher- M s. Aditi Singh

COURSE OBJECTIVE
The course aims to make the students understand the federal principle and theory, since India
has adopted a federal set-up. The object shall be achieved by dealing with the understanding
the concepts of Constitutional law and Federalism as a basic limitation of Constitutionalism,
together with Constitutional provisions regarding division of powers and the three lists in the
Seventh Schedule of the Constitution, and related provisions. The way this division has been
handled by the Supreme Court and other instrumentalities dealing with federal aspects,
together with the emerging challenges before the Indian federal set-up shall also be analyzed
in detail.

MODULE-1-FEDERALISM: SOME BASIC CONCEPTS

1.1 The concepts of Constitution and Constitutional Law
1.2 Constitutionalism: the idea of limited government.
1.3 Federalism, an asp ect of Constitutionalism.
1.4 Confederation and Federation: fundamental distinctions;
1.5 Basic Characteristics of a Federal Constitution
1.6 Federal nature of Indian Constitution
1.7 Evolution of federal polity in India

MODULE-2 LEGISLATIVE RELATIONS BETWEEN THE UNION

AND THE STATES

2.1 Territorial limits of legislative powers- Doctrine of territorial nexus

2.2 Subject -wise distribution of powers- Rules of judicial interpretation

2.3 Inter-relation of entries- Industry, Law and order, Intoxicating liquor, Higher educat ion

2.4 Residuary Powers

2.5 Parliamentary legislation in State field

2.6 Repugnancy
MODULE-3 ADMINISTRATIVE RELATIONS
3.1 Distribution of Executive Powers

3.2 Centre-State Administrative Co-ordination - Inter-governmental Delegation of Functions

3.3 Centre’s directives to the State- Constitutional and other statutory provisions

MODULE -4 EMERGENCY
4.1 Emergency- M eaning, Kinds and purpose

4.2 Centre’s duty to protect the States

4.3 Justiciability of proclamation made under Article 356

4.4 Effect of Emergency

MODULE- 5 FINANCIAL RELATIONS

5.1 Factors responsible for sub-ordination of States

5.2 Distribution of Fiscal Power

5.3 Restriction of fiscal power

5.4 Distribution of Tax Revenue

5.5 Borrowing power of the State

5.6 NITI Ayog

st
5.7 Constitution (101 Amendment) Act, 2016

MODULE- 6 AMENDMENT
6.1 Need for amending the Constitution

6.2 Procedure for Amendment

6.3 Amendability of the Indian Constitution

6.4 Limitation upon amending power of the Parliament- The theory of basic structure
MODULE -7 CONCEPT OF COOPERATIVE FEDERALIS M IN INDIA
7.1 India towards cooperative federalism-Inter-State Water Disputes: Role of The Union (Article
262);

7.2 Inter-Governmental Cooperation in solving administrative problems/issues: Full fait h and

credit clause (Article 261), The role of the Inter- State Council (Article 263), Zonal Councils

7.3 Role of other Statutory bodies in promoting centre-state cooperation

READINGS

BOOKS:
 A.V.Dicey. An Introduction to the Study of the Law of the Constitution. (Universal
Law Publishing Co)
 The Constituent Assembly Debates. {New Delhi. Lok Sabha Secretariat].
 K.C.Wheare. Federal Government. [Oxford University Press
 M .P. Jain. Outlines of Indian Legal History. [Nagpur, LexisNexis Buttersworth
Wadhwa].
 Granville Austin: The Indian Constitution: Cornerstone of a Nation. [New Delhi,
Oxford University Press].
 H.M . Seervai: Constitutional Law of India: A Critical Commentary. [Delhi. Universal
Law Publishing Co. Ltd].
 D.D.Basu: Constitution of India. Nagpur, LexisNexis Buttersworth Wadhwa.
 P.K.Tripathi: Indian Federalism: The Reality and the My th [(1974) Journal of Bar
Council of India].

REPORTS:
 Sarkaria Commission Report on Centre-State Relations,1988
 Report of National Commission to Review Working of the Constitution, 2000.
 Punchi Commission Report on Centre State Relations, 2010
 Reports of the Finance Commission.

CASES :
 State of West Bengal v. Union of India. (AIR 1963 SC 1241).
 Gujarat University v. Srikrishna (AIR 1963 SC 763).
 Union of India v. H.S.Dhillon (AIR 1972 SC 1061).
 State of Rajasthan v. Union of India, (AIR 1977 SC 1361)
 State of Karnataka v. Union of India, (AIR 1978 SC 68)
 Synthetics and Chemicals Ltd v. State of U.P. (AIR 1990 SC 1927).
 Goodyear India Ltd v. State of Haryana (AIR 1990 SC 781)
 State of Tamil Nadu v. State of Karnataka (1991) Supp 1 SCC 240.
 S.R. Bommai v. Union of India, [(1994)3 SCC 1]
 Kuldip Nayyar v. Union of India (AIR 2006 SC 3127)
 State of West Bengal v. The Committee for Protection of Democratic Rights, West
Bengal [(2010) 10 SCC 571].
 Bhim Singh v. Union of India [2010 SC (Writ petition No. 404 of 1999)].

NOTE- Kindly note that the above list is only enumerative and not exhaustive.
S tudents must read other cases as directed during class lectures.