FEDERALISM IN INDIA- AN OVERVIEW

FEDERALISM IN INDIA - AN OVERVIEW.

CHAPTER I INTRODUCTION

To understand Indias federalism, we have to ask what kind of nation India is. On account of the powerful impact of the trauma of partition and euphoria of independence, the makers of the Indian Constitution virtually glossed over the multi-national character of our polity and decided to set up such a highly centralized federal system that the scholars on federalism questioned its very claim of being a federal system. So much so that a well-known expert on federalism, K.C. Wheare, had to observe that India is a unitary state with federal principles rather than a federal state with subsidiary unitary features. Indias federal experiment has undergone, over the past sixty years, many trials and tribulations. In these chapters, we seek to capture the defining features of federalism as well as the innovations.

1.1.AIMS AND OBJECTIVES Federalism has been part of the public discourse in India for many decades, before and after independence in 1947, but it has gained greater importance since the 1990s when the country's national polity saw the advent of the coalition era. With the states now asserting their position in areas which were considered the prerogative of the Centre, this research strives to analyze some of the related issues and suggests possible paths for the future. Indian federalism remains in essence work in progress, and this research attempt to highlight major features which have marked its development, and to see if there are any lessons to be learnt.

FEDERALISM IN INDIA- AN OVERVIEW 1.2.RATIONAL AND SIGNIFICANCE OF RESEARCH The researcher chose the topic Federalism in India- An Overview. There has always been a controversy as to the question whether Indian Constitution is federal or unitary. To solve this controversy it is necessary to examine the essential characteristics of federal constitution. The constitution of India have chosen to be a federal system but with the capacity to work as unitary when so required. Co-operative federalism is a modern approach where the power distributed is between national government and state government. The framers of the Indian Constitution have also sought to provide for co-operative federalism.

1.3.HYPOTHESIS Constitution of India is neither purely federal nor purely unitary but a unique blend of both. According to the needs and demands of circumstances and to meet the aspiration of people, there are some provision in the Indian constitution which deviates from purely federal characters. It is like a chameleon which can change colour according to the environment. Thus, adopting of federalism is appropriate decision of constituent assembly of India. Constitution of India contains various provisions for inter-state coordination and cooperation. Cooperation and coordination between the union and states is necessary for the development of the country therefore cooperative federalism is real policy adopted by the government of India with the help of various constitutional provision.

1.4.STATEMENT OF PROBLEM What is the nature of the Indian constitution- federal or unitary? What are the essential features of federalism and are this features present in the Indian constitution? Is co-operative federalism followed in Indian federal system? Was the choice to become federal appropriate?

FEDERALISM IN INDIA- AN OVERVIEW 1.5.SCOPE OF WORK The scope of work of this research is as under: To study in detail the meaning and essential characteristics of federalism To study the Indian federal system and the reason for adopting this particular type of system To study in detail the relation between centre and state To analyze the present situation and the problems arising. To criticize the loopholes that exists in the parliamentary system of India.

1.6.RESEARCH METHODOLOGY For this longish term paper researcher followed the doctrinal research methodology, In which the evaluation and analysis is based on secondary sources. Therefore all the data collection will have its base from textbooks, law journals, case laws, research papers, periodicals, newspapers, e-journals and articles and eventually navigate the conclusion and suggestions on the aforesaid study.

CHAPTERIZATION CHAPTER I- INTRODUCTION. CHAPTER II- MEANING AND CONCEPTUALIZATION OF FEDERALISM CHAPTER III- FEDERALISM AND THE INDIAN CONSTITUTION CHAPTER IV- IS INDIA TRULY FEDERAL CHAPTER V- ROLE OF JUDICIARY CHAPTER VI- RELATION BETWEEN CENTRE AND STATE CHAPTER VII- EMERGING CHALLENGES OF FEDERALISM

FEDERALISM IN INDIA- AN OVERVIEW

CHAPTER II MEANING AND CONCEPTUALIZATION OF FEDERALISM

2.1. MEANING OF FEDERALISM A system of government in which power is divided between a central authority and constituent political units. The term Federalism originate From the Latin word Foedus meaning treaty or covenant. Some free states bound together by agreement constitute a Federal-state. It includes the interrelationships between the states as well as between the states and the federal government Federalism is a system of government in which the power is divided between a central authority and various constituent units of the country. Usually, a federation has two levels of government. One is the government for the entire country that is usually responsible for a few subjects of common national interest. The others are governments at the level of provinces or states that look after much of the day-to-day administering of their state. Both these levels of governments enjoy their power independent of the other. Federalism is a system of government of a country under which there exist simultaneously a federal or central government (legislature & executive) & several state legislatures & government as contrasted with a unitary state both federal & state governments drive their powers from the federal-constitution, both are supreme in particular sphere & both operate directly on the people.

2.2 Definition A principle of government that defines the relationship between the central government at the national level and its constituent units at the regional, state, or local

FEDERALISM IN INDIA- AN OVERVIEW levels. Under this principle of government, power and authority is allocated between the national and local governmental units, such that each unit is delegated a sphere of power and authority only it can exercise, while other powers must be shared. Federation is a political-concept in which a group of members are bound together by covenant with a governing representative head. A system of National-government in which power is divided between a central authority & a number of regions which delimited self-governing authority. A system of governance in which distribution of power of constituent-units is ensured by a written-constitution, having independent judiciary to resolve, state of locallevels. 2.3. Hall mark of Federalism There are 4 hall mark of federalismImproved governance Effective delivery mechanism Enhanced responsiveness Heightened sense of shared responsibility.

2.4.Models of Federalism There are 4 models of federalism Bottom up model- in this model sovereign pre-existing units cede power to form union. Like U.S.A. Top Down model- it has strong unitary forces and provincial units. Like India.

Confederation- it has strong units and loose union. Like European Union. Consociational model- the federation is based on unanimity of all constituents1.

G.p. Tripathi. Constitutional law- new challenges, Ist edition 2013, central law publications, p 21

FEDERALISM IN INDIA- AN OVERVIEW

2.5. Key Features of Federalism:

There are two or more levels (or tiers) of government. Different tiers of government govern the same citizens, but each tier has its own jurisdiction in specific matters of legislation, taxation and administration.

The jurisdictions of the respective levels or tiers of government are specified in the constitution. So the existence and authority of each tier of government is constitutionally guaranteed.

The fundamental provisions of the constitution cannot be unilaterally changed by one level of government. Such changes require the consent of both the levels of government.

Courts have the power to interpret the constitution and the powers of different levels of government. The highest court acts as an umpire if disputes arise between different levels of government in the exercise of their respective powers.

Sources of revenue for each level of government are clearly specified to ensure its financial autonomy.

The federal system thus has dual objectives: to safeguard and promote unity of the country, while at the same time accommodate regional diversity.

Therefore, two aspects are crucial for the institutions and practice of federalism. Governments at different levels should agree to some rules of power sharing. They should also trust that each would abide by its part of the agreement. An ideal federal system has both aspects: mutual trust and agreement to live together.

FEDERALISM IN INDIA- AN OVERVIEW

CHAPTER III FEDERALISM AND THE INDIAN CONSTITUTION

3.1. Components of a Federal Constitution: The legal-test of federalism, when analyzed, leads to the following broad features of a federal-constitution. Distribution of powers (Dual-polity):An essential feature of every federal-constitution is the distribution of powers between the central-government & the governments of the several-units forming the federations. Federation means the distribution of the power of the state among a number of coordinate bodies, each originating in and controlled by the constitution. (Dicey) Written-Constitution: A federal-state derives its existence from the constitution, just as a corporation derives its existence from the grant or statute by which it is created. Every power (executive, legislature or judicial) whether it belongs to the central, or to the componentstates, is subordinated to & controlled by the constitution. Therefore, a federal-state requires a written-constitution for the obvious reason that in order to be workable & stable & the limitations, must be precisely defined by written-instrument. Hence, it will be practically impossible to maintain the supremacy of the constitution, unless the terms of the constitution have been reduced into writing. Supremacy of the Constitution: This means that the constitution should be binding on the federal & state-government. Neither of the two governments should be in a position to override the provisions of the constitution relating to the power and status which each is to enjoy.

FEDERALISM IN INDIA- AN OVERVIEW This requirement is satisfied if the supremacy or overriding authority is accorded only to the provisions relating to the division of power.

According to K.C. Wheare: The Supreme Const. is essential if government is to be federal the written-const. is essential if federal-government. is the work well

Rigidity of the Constitution: - (Non unilateral change) A natural corollary of a written-constitution is its rigidity. A constitution which is the

supreme-law of the land must also be rigid. In a rigid constitution, the procedure of amendment is very complicated & difficult. This does not mean that the constitution should be legally unalterable. The constitution provides a process for changing its provisions called Amendment. It simply means that the procedure of amending the constitution should not remain exclusively with either the centre or state-Governments means No Unilateral-change. Authority of the courts (Interpretation by Judiciary) : The distribution of powers made by the constitution must be guarded by the judiciary, which is to interpret the constitution as the Fundamental-law of the lands to enforce its provisions against both the federal and Regional-governments and to invalidate any of their acts which transgresses the limitations imposed upon them by the constitution. The constitution of India appears to have all the above mentioned essential-features of the federal-constitution. The most important feature of a federal-constitution is the distribution of legislative power between the centre & the sates. The Constitution of India has adopted the scheme of the Government of India-Act 1935 with minor changes. For better understanding of this we will have to see the background in which the Indian constitution was adopted.

3.2. BACKGROUND OF FRAMING OF THE CONSTITUTION

FEDERALISM IN INDIA- AN OVERVIEW The framing of the Indian Constitution and enunciation of the principle of federalism have weighed heavily on the conscious and subconscious minds of the members of the Constituent Assembly (CA), formed in December 19462. Writing of the Constitution against the backdrop of the partition of the country, the accompanying communal frenzy and integration of 565-odd princely states with erstwhile British provinces into one functioning unit, made the task even more complex. The Constituent Assembly, after prolonged debates, settled for unitary federalism in the backdrop of the challenges confronting the emerging or just emerged independent nation. Even though the framers of the Constitution were divided on the issue of federalism as indicated by the prolonged and passionate debates that took place in the Constituent Assembly, there was a general consensus towards building India as a nation and a comprehensive understanding of the nation as a whole; they did not approach the issue of constitution writing visualising India in parts. Further, historical experiences, like the rise and fall of the Mauryan, Gupta, Mughal and other empires, could also have built the argument in favour of unitary federalism. Before the formation of the Constituent Assembly, the Cabinet Mission Plan had outlined a central government with very limited powers to be confined to foreign affairs, defence and communications However, the Indian National Congress and the Muslim League could not reach an agreement on the Plan. Further, the first report by the Constituent Assembly also envisioned a relatively weak Centre as advocated by the Cripps and Cabinet Mission Plans. The passing of the India Independence Act and the eventual Partition of India led the Constituent Assembly to adopt a more unitary version of federalism. Interestingly, Mahatma Gandhi was in favour of a decentralized structure and had expressed a preference for a panchayat or village-based federation.5 Dr B. R. Ambedkar and Prime Minister Jawaharlal Nehru were in favour of a unitary state while Home Minister Sardar Vallabhbhai Patel and many others stood for the cause of federalism. Ultimately a healthy compromise was arrived at, to ensure a balance of power between the Centre and States and the Constitution described India as a 'Union of States' implying that its unity is indestructible. It prescribed the structure of the Union government and also that of the

Lawrence Saez, Federalism without a Centre (New Delhi: Sage Publications, 2002 , p 26

FEDERALISM IN INDIA- AN OVERVIEW state governments, together with one common citizenship for the whole of India rather than a dual citizenship. The federal system brought the provinces together and placed them all on the same legal footing. Use of the term 'union' indicated that Indian federalism did not come into existence due to some mutual agreement or compact among the constituent units. These units were also not given freedom to secede from the union. There were no provisions of safeguards for the protection of states' rights because the states were not sovereign entities at the time of the formation of the Union. It goes to the credit of the framers of the Constitution that they had visualised and anticipated contingencies which might arise at some point in the future and had made provisions to meet them. As pointed out by constitutional experts, The Constitution by adapting itself to changed circumstances strengthens the Government in its endeavour to overcome the crisis3.It is rather a merit of the Constitution that it visualises the contingencies when the strict application of the federal principle might destroy the basic assumption on which our Constitution is built. Thus we can sum up the necessity of adopting federalism in India as following

3.3. Necessity of Federalism: Emergence of different-set of states: Before independence, the earliest from of political-organization was not federal but unitary. But after independence, the pressure of economic, political & social-circumstances which compelled unitary-states (generally Monarchical) to enter into alliance with other states for meeting common problems which initially related to defense. Require a special-type of government which leads to federalism.

Scientific-development: Scientific & technological-developments & increased economic interdependence have changed the scenario of the past, which brought the emerging states (independent) on the sameplatform. The exchange of Scientific-technologies between the development of these states. Scientific & technological-development brought a revolution during the era of federalism.

D.K. Singh, V. N. Shukla's Constitution of India, (7 Edition), (Delhi: Eastern Book Company, 1982 , p A-24.

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FEDERALISM IN INDIA- AN OVERVIEW End of British-Colonies: In India, the historical-process to create the federal-system was different. For long, before 1935, British India has been administered on a unitary basis. There existed a unitary-system. But after the end of British-colonies, the unitary system was replaced by a federal-system. The present federal-system was built on the foundation of the 1935 system. The past history of India establishes that in the absence of a strong Central-Government. the country soon disintegrates. This belief was strengthened by the recent-portion of the country. Therefore adequate precautions have to be taken against any such future contingency by making the centre strong in Indian-Federalism. Owing to its vastness of territory & variety of people, India could not be governed efficiently as a unitary-state & so a unitary constitution was out of question. India, such a large country with diverse-cultures, religions, languages, tribal & ethnic differences & even marginal racial variations, with historical, geographical & political-divergences, cannot bear true faith with democracy & collective freedom without authentic Federal Features.

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FEDERALISM IN INDIA- AN OVERVIEW

CHAPTER IV IS INDIA TRULY FEDERAL

Scholars and experts have held different views while interpreting the federal nature of the Indian Constitution. Some say that it has the essential characteristics of federalism like: written constitution, distribution of powers, supremacy of the constitution, rigidity, and authority of courts; others claim that it is not federal as many classical elements of federalism are absent in the text4. According to this school of thought, the Indian Constitution is not federal enough as it lacks dual polity or dual form of Government. In the case of the US Constitution, the field of government is divided between the Federal and State Governments which are not subordinate to one another but are co-ordinate and independent within the spheres allotted to them. They argue that the existence of coordinate authorities independent of each other is the gist of the federal principle, and in the absence of this feature the Indian Constitution does not qualify to be described as federal 4.1. Nature of Indian federalism India has two sets of government, one at the Centre and the other in the States. This is an important feature of a federal government. In this way, there are some other features as well, which can prove that India has a federal form of government. But the Indian Constitution has also some non-federal features which are opposite to the features of a federal government. Because of this, India is not regarded as a true federation.

The Constitution of India has also not described India as a federation. On the other hand, Article 1 of the Constitution describes her as a Union of States. This means, India is a union comprising of various States which are integral parts of it. The Indian Union is not destructible. Here, the States cannot break away from the union. They do not have the right to secede from the union. In a true federation, the constituting units or the States have the freedom

Ibid, pp A-21-22.

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FEDERALISM IN INDIA- AN OVERVIEW to come out of the union.

India is not a true federation. It combines the features of a federal government and the features of a unitary government which can also be called the non-federal features. Because of this, India is regarded as a semi-federal state. Prof.K.C. Wheare describes it as a quasi-federal state. The Supreme Court of India also describes it as a federal structure with a strong bias towards the Centre. 4.2. Federal Features Two sets of government: India has two sets of government - the Central or Union government and the State government. The Central government works for the whole country and the State governments look after the States. The areas of activity of both the governments are different. Division of Powers: The Constitution of India has divided powers between the Central government and the state governments. The Seventh Schedule of the Constitution contains three lists of subjects which show how division of power is made between the two sets of government. Both the governments have their separate powers and responsibilities. Written Constitution: The Constitution of India is written. Every provision of the Constitution is clearly written down and has been discussed in detail. It is regarded as one of the longest constitutions of the world which has 395 Articles 22 Parts and 12 Schedules. Supremacy of the Constitution: The Constitution is regarded as the supreme law of the land. No law can be made which will go against the authority of the Constitution. The Constitution is above all and all citizens and organizations within the territory of India must be loyal to the Constitution. Supreme judiciary: The Supreme Court of India is the highest court of justice in India. It has been given the responsibility of interpreting the provisions of the Constitution. It is regarded as the guardian of the Constitution.

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FEDERALISM IN INDIA- AN OVERVIEW Bi-cameral legislation : In India, the legislature is bi-cameral. The Indian Parliament, i.e., the legislature has two houses - the Lok Sabha and the Rajya Sabha. The Rajya is the upper house of the Parliament representing the States while the Lok Sabha is the lower house representing the people in general. These are some of the features of a federal form of government and the Indian Constitution has included them in it. The Constitution has also included some unitary or nonfederal features which are discussed as below: 4.3. Non-Federal Features Division of power is not equal : In a federation, power are divided equally between the two governments. But in India, the Central government has been given has been given more powers and made stronger than the State governments. Constitution is not strictly rigid : The Constitution of India can be amended by the Indian Parliament very easily. On many subjects, the Parliament does not need the approval of the State legislatures to amend the Constitution. But in a true federation, both the Union and the State legislatures take part in the amendment of the Constitution with respect to all matters. Therefore, those constitutions are rigid and difficult to amend. Single Constitution: In India, we have only one Constitution. It is applicable to both the Union as a whole and the Stares. There are no separate constitutions for the States. In a true federation, there are separate constitutions for the union and the States. Centres control over States: The Centre exercises control over the States. The States have to respect the laws made by the central government and can not make any law on matters on which there is already a central law. The centre can also give directions to the States which they must carry out. Rajya Sabha does not represent the States equality: In a true federation, the upper house of the legislature has equal representation from the constituting units or the States. But in our Rajya Sabha, the States do not have equal representation. The populous States have more

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FEDERALISM IN INDIA- AN OVERVIEW representatives in the Rajya Sabha than the less populous States. The upper house of the Indian Parliament, that is, the Rajya Sabha is not proper representative of all the States of Indian union. Existence of States depends on the Centre: In India, the existence of a State or a federating unit depends upon the authority of the Centre. The boundary of a State can be changed by created out of the existing States. Single citizenship: In a true federal state, citizens are given dual citizenship. First, they are the citizens of their respective provinces or States and then they are the citizens of the federation. In India however, the citizens enjoy single citizenship, i.e., Indian citizenship or citizenship of the country as a whole. Unified judiciary: India has a unified or integrated judicial system. The High Courts which work in the States are under the Supreme Court of India. The Supreme Court is the highest court of justice in the country and all other subordinate courts are under it. It maintains unity in basic-matters: The Indian-constitution adopts the following three means to maintain administrative & legislative unity: a. b. c. A single-Judiciary. Uniformity in fundamental-laws, civil & criminal &common all India services. Common All India services. In our constitution, the High court & supreme-court from a single integrated judiciary having jurisdiction over all cases arising under various laws-union state, constitutional, civil & criminal. To eliminate diversity of laws, codes of civil & criminal laws are placed in concurrent list. To maintain uniformity in administration, the constitution provides that there shall be All India services, including Judicial-services recruited on an All India basis which shall be common to Union & States. The members of these services shall be placed in key-posts of the Union & states. Proclamation of emergency: The Constitution of India has given emergency powers to the President. He can declare emergency in the country under three conditions. When emergency is declared, the Union or Central governments become all powerful and the State governments
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FEDERALISM IN INDIA- AN OVERVIEW come under the total control of it. The State governments lose their autonomy. This is against the principles of a federation. Thus, we find that though India has adopted a federal form of government, yet there are various features of our Constitution which are non-federal or unitary. The framers of the constitution wanted to have a strong central government and therefore, had made every attempt to the make the central government more powerful than the state governments. There are various reasons for this. India is a vast country where the people of different religious, languages, races, castes, etc. are residing. In order to maintain unity and integrity among them, a strong centre was thought to be necessary. Again, to perform the vast responsibility of a modern welfare state and for the economic development of a newly independent country, a strong centre with sufficient resources and authority was essential. Further, to establish India, in the international forums, the central government needed to be powerful. Professor Ronald L Watts, a renowned expert on federalism, defends the Indian approach saying: In some cases, however, where territorial social diversity and fragmentation is strong, it has been considered desirable, as in Canada and India initially, and in Spain, to give the federal government sufficiently strong, and even overriding, powers to resist possible tendencies to balkanization5.

Ronald L Watts, Comparative Conclusions, Available at: http://www.federalism.ch/files

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FEDERALISM IN INDIA- AN OVERVIEW

CHAPTER V ROLE OF JUDICIARY

5.1.Judicial Interpretation of Federation
The debate whether India has a Federal Constitution has been grappling the Apex Court in India because of the theoretical label given to the Constitution of India, namely- Federal, Quasi- Federal, Unitary. The first significant case where this issue was discussed was

West Bengal versus Union of India6 The debate whether India has a federal-constitution Federal-Government was discussed at length by the apex-court in West-Bengal v/s union of India. The main issue involved in this case was the exercise of sovereign-powers by the Indian states. The legislative-competence of the parliament to enact a law for compulsory-acquisition by the union of Land & other properties owned by the state & the sovereign-authority of states as distinct-entities was also examined. The Supreme Court held that the: Indian- Constitution did not propound a principle of Absolute-Federalism. Though the authority was decentralized this was mainly due to the arduous-task of governing the largeterritory.

AIR 1963 SC 1241

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FEDERALISM IN INDIA- AN OVERVIEW The Court outlined the characteristics, which highlighted the fact that the Indianconstitution is not a traditional-federal constitution. Firstly, there is no separate-constitution for each state as is required in a federal-state. Secondly, the constitution is liable to be amend by the union parliament alone & the units of the country i.e. the states have no power to alter it. Thirdly the distribution of powers is to facilitate local-governance by the States & National policies to be declared by the Centre. Lastly, which contains internal checks & balances, the Indian constitution renders supreme power upon the courts to invalidate any action violative of the constitution. The Supreme Court Further held that both the legislative & the executive-power of the states are subject to the respective supreme-power of the Union. Legal sovereignty of the Indian nation is vested in the people of India. The political-sovereignty is distributed between the Union & the states with greater weightage in favour of the Union. Thus, the learned Judges concluded that the structure of the Indian-Union as provided by the constitution one is centralized, with states occupying a secondary-position. Hence the centre possessed the requisite-powers to acquire properties belonging to states. Dissenting judgment On the other hand, Justice Subba Rao, the great champion of state-rights expressed his minority view has consistency with the federal-scheme under the Indian-constitution. The Indian Constitution accepts the federal-concept & distributes the sovereign-powers between the union & the states.

State of Rajasthan versus Union of India7 The next landmark case where the nature of the Indian-constitution was discussed at length. In this case, the learned Judges state that even if it is possible to see a federal structure behind the establishment of separate executive, legislative & judicial-organization in the states, it is apparent from the provision illustrated in Article 356 that the Union Government is entitled to enforce its own-views regarding the administration & granting of power in the states.

AIR 1977 SC 1361

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FEDERALISM IN INDIA- AN OVERVIEW The extent of federalism of the Indian-union is largely watered down by the needs of progress development & making the ratio integrated, politically & economically coordinated & socially & spiritually uplifted. In conclusion, the Apex-court held that it was the right of the Union parliament to issue directives if they were for the benefit of the people of the state & were aimed at achieving the objectives set out in the preamble.

State of Karnataka versus Union of India8 The Supreme Court held that, our constitution has, despite whatever federalism may be found in its structure, so strongly unitary-features also in it.

Keshvanand Bharti versus State of Kerala9

The basic structure thesis case, some of the Judges in full Constitutional Bench expressed federalism as one of the basic

Features of the Indian Constitution.

S.R. Bommai versus Union of India10

Four opinions were given, expressing varying views:

Justice Ahmadi:
8 9

1978 AIR 68 AIR 1973 SC 1461 10 AIR 1994SC 1981

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FEDERALISM IN INDIA- AN OVERVIEW opined that in order to understand the true-nature of the Indian-constitution, it is essential to comprehend the concept of federation. The essence of the federation is the existence of the union & the states & the distribution of power between them. The significant absence of expressions like federal or federation in the constitution, the powers of the parliament under Articles 2&3 in the constitution powers conferred to meet emergency-situations, residuary powers, powers to issue directions to the state, concept of single-citizenship & the system of integrated judiciary all these provisions create doubts about the federal-nature of Indian constitution. Thus, it would be more appropriate to describe the constitution as Quasi-Federal or Unitary rather than federal-constitution in the true nature of the term. Justice Sawant & Kuldip Singh: gave opposite view They two regarded Democracy & Federalism as essential features of the Indian constitution. The overriding powers of the centre in the event of emergency do not destroy the federal-character of the Indian-constitution. They aid, every state is constituent political unit & have an exclusive Executive & Legislative elected & Constituted by the same process as the Union Government. The judges justified the use of power of president (Art 356) Justice Ramaswamy opined that: The units of the federation had no roots in the past & hence the constitution does not provide mechanisms to uphold the territorial integrity of the state above the powers of the parliament. He declared the Indian constitution as Organic-federalism, designed to suit the parliamentary form of government the diverse conditions prevailing in India. Justice Jeevan Reddy & Agarwal opined that: The expression Federal or Federal-Form of government has no fixed meaning the constitution is also distinct in character, a federation with a bias in favour of the centre. But this Factor does not reduce the states to within the sphere allotted to them the states are supreme.

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FEDERALISM IN INDIA- AN OVERVIEW 5.2.Rajamannar Commission In 1969, the Government. of Tamil Nadu, dissatisfied with the constitution, appointed a Rajamannar Committee, to examine the entire question regarding the relationship between the centre & the states in federal set up, with reference to the provisions of the constitution of India & to suggest suitable amendments to the constitution so as to secure to the states the utmost autonomy The committee in its report issued in 1971 criticized certain aspects of the Indianconstitution because they were not reconcilable. The Committee accepted the position that the power vested in the centre does not reduce the states of the state to that of administrative-units in a unitary government as in the days of the British role. The committee suggested some modifications in the constitutional-provisions relating to the distribution of legislative & taxing powers emergency etc. The proposals made by Rajamannar Committee suffer from an extreme over-statement of the case for the state-autonomy. These proposals did not evoke much public-enthusiasm & were endorsed neither by any state-government nor by any All India political party & the report became a dead-letter.

5.3. Sarkaria-Commission In 1983, in response to an insistent demand to review the Central-State relations, the central government appointed the Sarkaria Commission under the chairmanship of Justice R.S. Sarkaria, a retired Judge of a Supreme Court. The limitations on the commissions-term of inquiry was that, in making its recommendations, the commission was expected to ensure that they were with in the constitutional-provisions which safeguard the independence, unit & integrity of the country. The commission presented its report in 1988. It has rejected the demand for curtailing the powers of the centre saying that a strong centre is necessary to preserve the unity & integrity of the country.
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FEDERALISM IN INDIA- AN OVERVIEW The commissions view is that there is no need for drastic changes in the existingprovisions of the constitution. In its view the fundamental-provisions of the constitution have done reasonably well & with stood the stresses & strains of heterogeneous society in throws of change.

5.4. Recent developments in Indian-Federalism 1. Firstly, the 73rd & 74th amendments of the Constitution in 1992 have created a third-tier of local-governments i.e. the Panchayats & Municipalities of course these amendments have no impact on central state relations but they encourage federal-tendencies at the base. 2. With reference to Article 356, the Supreme Court in S.R. Bommai versus union of India emphasized the federal-character of the constitution & has imposed several procedural restraints on the exercise of power by the centre under the Art. 3. In quick succession, once in 1987 & again in 1998, the president has asked the central-Cabinet to reconsider its advice to impose Presidents role under Article 356. On both occasions the cabinet dropped its recommendations. The Union-Government has become very cautious in exercising its power under Article 356. 4. With the installation of Coalition-Government at the centre since 1996 consisting of political parties ruling in different states, the central government has always to seek the cooperation of the states. This has changed the real-politics of the country which is not moving towards a federalgovernment even though the constitution may not be federal in the classical-description of K.C. wheare. 5. A centre state commission has again been constituted in 2007 which is to look into the developments since the last commission, arising particularly in the light of globalization.

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FEDERALISM IN INDIA- AN OVERVIEW 5.5. Co-operative Federalism & Organic Federalism Where the units or states & the federation do not compete for power but co-operate through various instrumentalities to promote the common purpose is known as cooperativefederalism. The present stage in India can be described as Organic-Federalism, where the federations the units function as a part of one organism to achieve the common-governmental purposes. The lessons to be learnt from the recent-developments & the pressure of circumstances that developed together with the large-scale interdependence of the states in many matters, had

really indicated a case for organic-federalism. There are strong organic-Filaments-constitutional, financial & administrative, which may be relied upon to uphold the unit of India. For example: Several industrial establishments are financed & managed by the Union Government, but are operating within the territories of the unit-states; & various nation wide agricultural-operations in the matters of improving technology, seeds etc.

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FEDERALISM IN INDIA- AN OVERVIEW

CHAPTER VI RELATION BETWEEN CENTRE AND STATE

6.1. CENTRE STATE RELATIONS Generally, three models are followed in the matter of division of powers in a federation. In the first model, the powers of the Centre are defined and the residuary powers are left to the States. This model is found in America. In the second module, the powers of the federating units or States are defined and the residuary powers are given to the centre. Canada follows this model. And in the third model, the powers of both the governments are clearly laid down. Australia has this model of federation. In India, we follow the combination of both the Canadian and the Australian models. The Constitution of India divides powers between the Union and the State governments. The Seventh Schedule of the Constitution includes three lists of subjects - the Union List, the State List and the Concurrent List. The Central or Union Government has exclusive power to make laws on the subjects which are mentioned in the Union List. The States have the power to make law on the subjects which are included in the Concurrent List. With regard to the Concurrent List, both the Central and State governments can make laws on the subjects mentioned in the Concurrent List. Finally, the subjects which are not mentioned in the above three lists are called residuary powers and the Union government can make laws on them. It may be noted here that in making laws on the subjects of the Concurrent list, the Central government has more authority than the State governments. And on the subjects of the State List also the Central government has indirect control. All this shows that though the Indian Constitution has clearly divided powers between the two governments, yet the Central government has been made stronger than the State governments. The division of powers between the two governments in India can be divided under three headings, such as, legislative relations, administrative relations and financial relations with reference to the three lists.
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FEDERALISM IN INDIA- AN OVERVIEW 6.2. LEGISLATIVE RELATIONS So far as the legislative relations between the Central government and the State governments is concerned, the Central government has been given exclusive power to make law on the subjects of the Union list. The union list has 97 subjects. These subjects are of great importance for the country and uniform in character. So, these subjects are given to the Union government. Some such subjects are defense, foreign affairs, currency and coinage, citizenship, census, etc. The State governments can make laws on the subjects mentioned in the State list. The State list has 66 subjects of local interest. The subjects which are of local importance and may vary from State to State are included in the State list. Some subjects of the State list are - law and order, public health, forests, revenue, sanitation, etc. Though the State governments have power to make laws on the subjects of the State list, yet the Central government, on certain occasions, can also make laws on these subjects. For example, during the period of emergency, the Parliament makes laws on State subjects. The Concurrent list has 52 subjects. On these subjects both the central and the state governments can make laws. The subjects which are of great importance and uniform in character but man require local variations, are included in the Concurrent list. In respect of Concurrent list also, though both the governments can make laws on the subjects included in the list, yet the laws made by the Central government will prevail over the State laws in case of a conflict between the two. Some subjects of this list are economic planning, social security, electricity, education, printing and news papers, etc. In case of residuary powers, the Union government has exclusive power to make laws. The States have nothing to do in this regard. Thus, we find that in legislative matters, the Union Parliament is very powerful. It has not only exclusive control over the Union list and the residuary powers, but it has also dominance over the Concurrent list and the State list.

6.3. Administrative relations The framers of the Indian constitution never intended to create administrative cooperation and co-ordination between the centre and the states. The executive power of the state is
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FEDERALISM IN INDIA- AN OVERVIEW to be exercised in such a way as to ensure compliance with the laws made by the parliament. further the union executive is empowered to give directions to a state, if necessary for the requisite purpose. The union government can issue directions to the states to ensure compliance with the laws made by the parliament for construction and maintenance od means of communications, declared to be of national and military importance and also on the measures for the protection of railways . in addition to all this, the parliament can alone adjudicate on inter state river disputes. The Union Government is empowered to issue administrative-directions to the states in relation to certain matters, these directions are binding on the states: Art: 256: Provides that, it shall be the duty of the state to exercise its executive-powers so as to ensure that due-effect is given with in state to every Act of Parliament & to every existing law which apply in the state. This is a constitutional-duty of every state. The Govern of India is entitled to given directions to the state-government regarding the duly which is imposed upon it by this article. Art 257: Provides the control of the Union over state in certain cases: (a) The manner in which the executive-powers of the state shall be exercise so as not to impede or abridge the executive-powers of the Union. (b) The construction & maintenance of means of communication, declared to be of national or military-importance; & (c) Measures to be taken for the protection of Railways within the start. The authority given to the centre to enforce its administrative-directions against a state which fails to comply with them is indented to ensure-harmony btw the Union & the state. If a state exercises its executive authority as to impede or obstructs the execution of Union-laws or services, that states exhibits a revolt against the central government & hence to maintain the integrity of the country. It is right that the Union has been empowered to intervene. The constitution of India has certain special provisions to ensure uniformity of the administrative system. This includes the creation of All India Services such as IAS and IPS and placing members of this services in key administrative positions in the states. The presence of
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FEDERALISM IN INDIA- AN OVERVIEW All India Service Officers further paves way for the central government to exercise its authority and control over the states. The members of this services are recruited by the centre but are appointed in the states. No disciplinary action can be taken against them by the state govt. without permission of the centre. The constitution also makes provision for the creation of new all India service by the parliament on the recommendation of the Rajya Sabha. The president also puts the entire control of the state administrative machinery under the control of the union. The union executive is empowered to give such direction to a state as it may appear necessary for the purpose to union govt. the union govt. has wide power to issue directions based on the subjective view of the union and may therefore, interfere with the state autonomy in the field of administration. Ordinarily the central police force and the army are posted to the states on the request of the state govt. however there have been occasions when CRPF or BSF have been deployed in states much against the state wishes. Thus, the centre plays a very important role in the administrative sphere of activity concerning the states.

As in legislative matters, in administrative matters also, the Central government has been made more powerful than the States. The Constitution has made it clear that the State governments cannot go against the Central government in administrative matters. The State governments have to work under the supervision and control of the Central government. The States should exercise its executive powers in accordance with the laws made by the Parliament. The Central government can make laws for maintaining good relations between the Centre and the States. It can control the State governments by directing them to take necessary steps for proper running of administration. Again, during proclamation of national emergency as well as emergency due to the failure of constitutional machinery in a state the union government assume all the executive power of the state. There are some officials of the Central government, working in the States, through which it can have control over the State governments.

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FEDERALISM IN INDIA- AN OVERVIEW 6.4. Financial Relations To run the administration properly, both the Central and the State governments need adequate sources of income. The income of the government comes mainly from various taxes imposed by it. Both the union and the state have been provided with independent sources of revenue by the Constitution. The parliament can levy taxes on the subjects included in the union list. The state can levy taxes on the subjects included in the state list. By and large taxes that have an inter-state base are levied by the centre and those with a local base by the state. There are certain taxes like land revenue, tax on agricultural income, estate duty, etc., which are levied and collected by the States. They are the sources of State revenue. Some taxes are there like stamp duty, excise on medicine, toilet preparations, etc. which are levied by the Union but collected and appropriated by the States. There are some other taxes also which are the sources of income of the Union government alone. They are revenue earned from railways, posts and telegraphs, wireless, broadcasting, etc.

In financial matters also, the central government is more powerful than the States. The President of India has the power to make alterations in the distribution of revenues earned from income-tax between the centre and the States. The Centre has also the power to grant loans and grant-in-aid to the State governments. The Comptroller and Auditor General India and the Finance Commission of India which are the central agencies also have control over the State finances. During Financial Emergency the President has the power to suspend the provisions regarding division of taxes between the centre and the state. He can also impose other restrictions on the expenses of the state. Further, the states have to carry out the centre sponsored schemes for which the centre gives grant and the conditions under which these are to be made. The planning commission has created an over centralized planning system. No initiative is left to the states and the centrally formulated schemes have been inappropriately and unimaginatively imposed upon them.

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FEDERALISM IN INDIA- AN OVERVIEW Finance Commission One of the instruments which the Constitution has evolved for the purpose of distributing financial resources between the centre and the states is the Finance Commission. The Finance Commission according to article 280 of the constitution is constituted by the President once every five year and is a high power body. The duty of the Commission is to make recommendation to the President as toa) The distribution between the union and the states of the net proceed of the taxes which are to be divided between them and the allocation between the states themselves of the respective share of such proceeds b) The principle which should govern the grants-in-aid of the revenues amongst the states out of the Consolidated Fund of India.

6.5. Co-operative Federalism There has been a felt need for a change from competitive to cooperative relationship in the working of the federal constitution. Cooperative federalism means that the center and the states share a horizontal relationship and neither is above the other. This trend has been promoted by three factors: (1) The exigencies of war when for national survival, national efforts takes precedence over fine points of Centre state division of powers; (2) Technological advances means making of communication faster; (3) The emergence of the concept of social welfare state in response to public demands for various social services involving huge outlays which the governments of the units could not meet by themselves out of their own resources. The concept of cooperative federalism helps the federal system, with its divided jurisdiction to act in unison. It minimizes friction and promotes cooperation among the various constituent governments of the federal union so that they can pool their resources to achieve certain desired national goals.
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FEDERALISM IN INDIA- AN OVERVIEW

The Constitution of India provides various provisions dealing with the cooperative aspect of federal structure. The constitution makers deliberately provided for such features in the constitution in order to ensure the smooth working of the government.

Full Faith and Credit Clause Article 261 of the Constitution of India provides that full faith and credit shall be given throughout the territory of India to all the public acts, records and judicial proceedings of the Union and of every State. This is a step to promote cooperation and faith between the center and the states. Clause (2) empowers the Parliament to lay down by law the mode of proof as well as the effect of acts and proceedings of one state in another state. According to clause (3), final judgments or orders delivered or passed by civil courts in any part of the territory of India can be executed anywhere in the country according to law. The full faith and credit clause promotes uniformity and unity throughout the territory of India. It develops a sense of harmony and unity in the country. It promotes cooperation between the states and the center and gives due credit to all the public acts.

Inter State Council Article 263 provides that the President may by order appoint an Inter state Council if it appears to him that public interest would be served by its establishment. The President may define the organization, procedure and duties of the Council. In T.N. Cauvery Sangam v. Union of India , the Supreme Court has held that once the Central government finds that the dispute referred to in the request received from the State government cannot be settled by negotiations, it becomes mandatory for the central government to constitute a tribunal and to refer the dispute to it for adjudication. Further, if
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FEDERALISM IN INDIA- AN OVERVIEW the central government fails to make such a reference, the court may, on an application under Article 32 by an aggrieved party issue mandamus to the central government to carry out its statutory obligation. Sarkaria commission on Centre state relations has strongly recommended for the establishment of an inter-state council to effect coordination between states. In Dabur India Limited v. State of Uttar Pradesh , the Supreme Court suggested the setting up of a council under Article 263 to discuss and sort out problems of central state taxation.

Zonal Councils Zonal Councils have been introduced in India by the States Reorganisation Act, 1956. These councils have been created in order to bring the states of a particular region in close conformity with each other. The Zonal Councils were created as an instrument of intergovernmental consultation and cooperation mainly in socio economic fields and also to arrest the growth of controversies and particularistic tendencies among the various States. There exists five Zonal Councils: (1) Northern- comprising of the states of Punjab, Haryana, Himachal Pradesh, Rajasthan, Jammu and Kashmir and the union territories of Delhi and Chandigarh. (2) Eastern- comprising of the states of Bihar, West Bengal, Orissa and Sikkim. (3) Western- comprising of the states of Gujarat, Maharashtra, Goa and the union territories of Daman and Diu and Dadra and Nagar Haveli. (4) Central- comprising of the states of Uttar Pradesh and Madhya Pradesh (5) Southern- comprising of the states of Andhra Pradesh, Tamil Nadu, Karnataka and Kerala and the union territory of Pondicherry. Each State included in a zonal council enjoys a complete equality of status as:
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FEDERALISM IN INDIA- AN OVERVIEW (1) each state has an equality of representation in the council; (2) each Chief Minister is to act as the Vice chairperson of the council in rotation for a year; (3) meetings of the council are to be held in each member state by rotation; (4) the Chief Secretary of a member state is to act as the Secretary of the council in rotation for one year. A zonal council is an advisory body and has no executive or legislative function to perform.

River water Disputes Article 262 empowers the Parliament to provide by law for adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of any interstate river or river valley. A river board may be established by the Central government for advising the governments interested in relation to matters concerning the regulation or governance of an inter State river or river valley.

Planning and Finance Planning makes inter governmental cooperation very necessary for in a federal structure, the governments are not arranged hierarchically. The Directive Principles of state Policy emphasize towards economic democracy, economic empowerment of the weaker sections of the society, and a welfare state without which political democracy does not have much meaning for the larger section of the poor people in the country. In 1950, the Government of India set up the Planning Commission with the Prime Minister as its chairman. It has a vice president and a few central ministers and a few non official experts as its members. It has been assigned the following functions:
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FEDERALISM IN INDIA- AN OVERVIEW (1) To make an assessment of material, capital and human resources of the country and investigate the possibilities of augmenting such of these resources as are found to be deficient in relation to the nations requirements; (2) To formulate a plan for the most effective and balanced utilization of the countrys resources; (3) On a determination of priorities, to define the stages in which the plan should be carried out and propose the allocation of resources for the due completion of each stage; (4) To indicate the factors which are tending to retard economic development and determine the conditions which in view of the current social and political situation, should be established for the successful execution of the plan; (5)To determine the nature of the machinery which will be necessary for securing the successful implementation of each stage of the plan in all its aspects; (6) To appraise from time to time the progress achieved in execution of each stage of the plan and recommend the adjustments of policy and measures that such appraisal might show to be necessary; and (7)To make such interim and ancillary recommendations as might on a consideration of the prevailing economic conditions, current policies, measures and development programmes, or on an examination of such specific problems as maybe referred to it for advice by the Central or State governments.

National Development Council The National Development Council was established in 1952 in order provide a mechanism to give sense of participation to the states in the planning processes. It consists of the Prime Minister, the State Chief Ministers, representatives of the Union Territories and members of the Planning Commission. In 1967, its membership was enlarged by the addition of all members of the Union cabinet and Chief Ministers of the Union Territories.

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FEDERALISM IN INDIA- AN OVERVIEW The functions of the council are to strengthen and mobilize the efforts and resources of the nation in support of the plans; to promote common economic policies in all vital spheres and to ensure the balanced and rapid development of all parts of the country. The council reviews the working of the plan from time to time, considers important questions of social and economic policy affecting national development, and recommends measures for the achievement of the aims and targets set out in the national plan. The Sarkaria Commission has suggested that it should be renamed as National Economic and Development Council and be constituted under Article 263.

Other Bodies (a)University Grants Commission: The University Grants Commission was created under the University Grants Commission Act, 1956. It gets its funds from the center only. It grants fund both for maintenance and development to central universities while only for maintenance to state universities. (b)Other bodies to coordinate higher education: The Indian Medical Council, created under the Indian Medical Council Act, 1956, the All India Council for Technical Education, formed under the All India Council for Technical Education Act, 1987 are some of the bodies regulating and coordinating higher education in India. (c)Damodar Valley Corporation: The Damodar Valley Corporation is the joint enterprise of center and the states of Bihar and West Bengal and has been established under the provisions of Article 262 to develop the inter state valley of the Damodar river for irrigation, power and flood control. (d)Drugs Consultative Committee: Section 7 of the Drugs Act, 1940, empowers the Central Government to constitute the Drugs Consultative Committee to advise the central and state governments on any matter tending to secure uniformity throughout India in the administration of the Act. The committee consists of two representatives of the central government and one representative of each of the state governments.
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FEDERALISM IN INDIA- AN OVERVIEW

CHAPTER VII EMERGING CHALLENGES OF FEDERALISM

Federalism in India is under strain. The role of Centre and States as envisaged in the Constitution over 60 years ago versus the socio-political-economic realities of today are putting considerable strain on the principles of federalism and functioning of the Central Government. In recent weeks and months, India has witnessed strong currents of federal imbalances. The Union government has come under pressure and has been prevented from taking decisions that are rightfully in its domain. It has seen demands that are very hard to meet or are simply irresponsible. State governments have tended to take adversarial steps against other states. The way India has evolved politically over the past six decades, this was something waiting to happen. These provisions were made at a time when it appeared India would remain under a single party rule for a long time. Even when states were ruled by parties different from those that presided at the Centre, these rules remained unshaken. There was the occasional voice against the Centre arrogating too many powersfinancial and administrativebut the original division was never questioned seriously. What has changed now? Are the existing arrangements governing Centre-State relationslegislative, executive and financialenvisaged in the Constitution, as they have evolved over the years, working in a manner that can meet the aspirations of the Indian society as also the requirements of an increasingly globalizing world In recent years, all ministers have come to power on the basis of very high expectations from the electorate. The divergence between what citizens want and what these leaders can deliver is very high. Solving the problems of states requires patient hard work. But the electorate and leaders are in a hurry. Either they resort to solutions that are not feasible, or take symbolic, irrational, steps. In their inability to sort out problems they have inherited from previous governments, they take recourse to steps that only create more problems.

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FEDERALISM IN INDIA- AN OVERVIEW This does not mean that Indias federal design or constitutional provisions are outdated. Any rule-based system is as good as its leaders want it to be. The path advocated by many of these leaders will require a wholesale reordering of the federal system for what is merely their inability to carry out basic tasks of governance. That requires a different solution and not a constitutional restructuring.

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CONCLUSION Dr. B.R. Ambedkar, one of the chief-architects of the Indian Const-said: Our constitution would be both Unitary as well as Federal according to the requirements of time & circumstances. In historical as well as present context, the above statement is fully correct because: federalism is not static but a dynamic concept it is always in the process of evolution & constant adjustments from time to time in the light of the contemporary needs the demands being made on it. Thus unique federal and non-federal features of the Indian constitution in chapter II AND III proves our first hypothesis to be true. A cooperative relationship between the Centre and the States is the need of the hour. Without a cooperative relationship, it will not be possible to move ahead in the present economic world. The various technological advancements, economic and trade activities and external aggressions across the world call for a cooperative relationship between the center and the states in order to provide stability and security in the country. The Sarkaria Commission report has also emphasized on the creation of a strong center state relationship. Cooperative federalism is the means to achieving a strong nation. India is a beautiful melting pot of diversity. The same needs to be valued and cherished. And there isnt a better way to do so than by cooperative federalism. In the famous words of Justice Nani Palkhivala - WHO DIES IF INDIA LIVES AND WHO LIVES IF INDIA DIES..... People of several states sink or swim together, and that in the long run, prosperity and salvation are in innovation and not in division; mutuality and not conflict; cooperation and not competition. Thus, a cooperative relationship is developed by the creation of various councils which work for the benefit of the states as well as the center and also by giving full credit to all the acts throughout the territory of India. Thus our second hypothesis is proved by chapter V and VI. For making Indian Federalism more robust & viable system the differences between the centre & the state must be sort out so that India may successfully meet the great-challenges of difference, external & internal security & socio-economic development.

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SUGGESTIONS For a more effective cooperative federal relationship it is required that cooperative federalism is encouraged over the competitive relationship between the center and the states and for this following steps can be taken: (a) The Zonal Councils should be reorganized under the provisions of Article 263 to give them a constitutional status, thus providing them with greater authority and flexibility for proper functioning. (b) The participation of the states in the planning commission and planning process should be increased so as to ensure the formulation of more object oriented plans which seek to promote the welfare of all the states. (c) The states should be encouraged to take a more active part in raising the funds for their developmental works. More grants should be provided to the poorer states which cannot raise funds as compared to the richer states. (d) The grants given by the center to the states should not be politically motivated but based on the requirements of the states. (e) The states should act for the overall development of the country and should not act only for their own individual interests. Thus, it is required that the cooperative federalism is encouraged over the competitive relationship between the center and the states.

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FEDERALISM IN INDIA- AN OVERVIEW BIBLIOGRAPHY Reference Books: 1. Indian Constitutional Law Prof. M.P Jain Fifth Edition 2009 Publisher: Lexis Nexis Butterworths Wadhwa, Nagpur 2. The Constitutional Law of India Dr. J.N. Pandey Fourth Fifth Edition 2008 Publisher: Central Law Agency, Allahabad 3. Constitutional Law - New Challenges Dr. G.P. Tripathi First Edition 2013 Publisher: Central Law Publications, Allahabad 4. Constitution of India V.N Shukla Seventh Edition Publisher: Eastern Book Company, Delhi.

WEBLIOGRAPHY 1. www.wikipedia.com 2. www.legalserviceindia.com 3. www.ebc-india.com 4. www.thehindu.co.in

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FEDERALISM IN INDIA- AN OVERVIEW List of Cases Referred: 1. Keshavananda V State of Kerela AIR 1973 S.C. 1416 2. State of West Bengal V U.O.I AIR 1963 S.C.1241 3. State of Rajasthan V U.O.I AIR 1977 S.C. 1361 4. State of Karnataka V U.O.I 1978 AIR 68 5. S.R. Bommai V U.O.I (1994)3 S.C.C. 1 6. T.N Cauvery Sangam V U.O.I (1990)3 S.C.C 440 7. Dabur India Limited V State of U.P AIR 1990 S.C 1814

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