UNIT 1

 What is Constitution of India? – Introduction to the Constitution of India

The Indian Constitution is unique in both spirit and content. Notwithstanding the fact that several
features of the constitution have been borrowed from other constitutions from all around the world, it
is really a unique piece of work. The original constitution have been considerably changed by the
various amendments that have been brought forth such as the 7th, 42nd, 44th, 73rd and 74th
Amendments.

Introduction to Indian Constitution

when the
Constituent Assembly formally adopted the new Constitution.

The Constitution . It is the source of all powers of, and

limitations on, the three organs of State, viz.

The executive-managing

legislature - a group of people who have the power to make and change laws

Judiciary - the judges of a country or a state, when they are considered as a group

Objectives of The Constitution

The Constitution of Independent India was framed in the background of about 200 years of colonial
rule, mass-based freedom struggle, the national movement, partition of the country and spread of
communal violence. Therefore, the framers of the Constitution were concerned about the aspirations
of the people, integrity and unity of the country and establishment of a democratic society. Their main
was to give India a ‘Constitution’ which will fulfill the cherished ideas and ideals of the people of this
country.

(highest possible
authority;King or queen), (economic or political system), (not concerned with
religion), (all are equal), (a country that has an elected government and an
elected leader). The Preamble also mentions the goals of securing justice, liberty and equality for all
its citizens and promotion of national unity and integrity on the basis of fraternity among the people
assuring dignity of the individual.
  Salient Features of the Indian Constitution

The main features of Indian Constitution are the following:

1. : The Indian Constitution is mainly a written constitution. A written

constitution is framed at a given time and comes into force or is adopted on a fixed date as a
document. As you have already read that our constitution was framed over a
it was adopted on 26th November, 1949 and enforced on January 26,
1950. Certain conventions have gradually evolved over a period of time which have proved useful
in the working of the constitution.
2.
There is a distribution of powers between the Union/Central
Government and the State Governments. Since India is a federation, such distribution of functions
becomes necessary.

1.
In a parliamentary democracy there is a close relationship
between the legislature and the executive. The Cabinet is selected from among the members of
legislature. The cabinet is responsible to the latter. In fact the
. In this form of democracy,
In India, the President is the Head of the State. Constitutionally the President enjoys
numerous powers but in practice the Council of Ministers headed by the Prime Minister, which
really exercises these powers. The President acts on the advice of the Prime Minister and the
Council of Ministers.
2. Fundamental Rights are one of the important features of the
Indian Constitution. The Constitution provides for six Fundamental Rights about which you will
read in the following lesson. Fundamental Rights are justiciable and
In case of violation of any of these rights one can move to the court of law for their
protection It lays
down a list of ten Fundamental Duties for all citizens of India. While the rights are given as
guarantees to the people, the duties are obligations which every citizen is expected to perform.
3. The Directive Principles of State Policy which have been
adopted from the , is another unique feature of the Constitution of India. The

Directive Principles aim at establishing a welfare state in India where there

will be no concentration of wealth in the hands of a few.
4. Partly rigid and Partly flexible:

5. : India is a country where different languages are spoken in various parts of

the country. of the central government. A
state can adopt the language spoken by its people in that state also as its official language.
6. : The Constitution provides for
giving certain special concessions and privileges to the members of these castes. Seats have been
reserved for them in Parliament, State legislature and local bodies, all government services and in
all professional colleges.
7. : The framers of our constitution borrowed many
things from the constitutions of various other countries and included them in our constitution. That
is why; some writers call Indian Constitution a ’.
8. Indian judiciary is independent an impartial. The Indian judiciary is
free from the influence of the executive and the legislature. The judges are appointed on the basis
of their qualifications and cannot be removed easily.
9. In India there is only single citizenship. It means that every Indian is a
citizen of India, irrespective of the place of his/her residence or place of birth. He/she is not a
citizen of the Constituent State like Jharkhand, Uttaranchal or Chattisgarh to which he/she may
belong to but remains a citizen of India. All the citizens of India can secure employment anywhere
in the country and enjoy all the rights equally in all the parts of India.
10. Indian democracy functions on the basis of ’.
Every citizen of India who is 18 years of age or above is entitled to vote in the elections
irrespective of caste, sex, race, religion or status. The Indian Constitution establishes political
equality in India through the method of universal adult franchise.
11. The Constitution makers also foresaw that there could be situations
when the government could not be run as in ordinary times. To cope with such situations, the
Constitution elaborates on emergency provisions. There are three types of emergency; a)
emergency caused by war, external aggression or armed rebellion; b) emergency arising out of the
failure of constitutional machinery in states; and c) financial emergency.

Theory of Basic Structure

1. Supremacy of Constitution
2. Republican and Democratic form of Government

Important Amendments of the Constitution of India

The Indian Constitution is not a rigid constitution. It can be amended by the Parliament following a
few rules. There have been made many changes in the Constitution of India. Some of the important
amendments of the Indian Constitution are:

1. 42nd Amendment
2. 44th Amendment

This was during the Emergency in 1976. In 1973, the Supreme Court had
ruled in the Kesavananda Bharati case that the constituent power of the Parliament under Article 368
does not empower it to alter the basic structure of the constitution.

 Constitution of India – PREAMBLE

. The Indian constitution

also starts with one. The Preamble is basically the introduction or preface to the constitution. It sums
up the essence of the constitution. N A Palkhivala, a constitutional expert, referred to th e Preamble as
the ‘Identity card of the Constitution’.

The Preamble is based on Pandit Nehru’s Objective Resolution that he moved and was adopted by
the Constituent Assembly. The Preamble has been amended in 1976 by the 42nd Amendment which
added words ‘socialist’(economc equality), ‘secular’(not concerned with religion) and ‘integrity’(state
of being united) to it.

The Preamble reads:

“WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN
SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity;

and to promote among them all

FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY

ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.”

Ingredients of the Preamble

The Preamble gives 4 components:

1. Source of authority of the Constitution: it mentions that the constitution derives its power from
the people of India.
2. Nature of the Indian State: it says India is a sovereign, socialist, secular, democratic and
republican State.
3. Objectives of the Constitution: it gives the objectives as – justice, liberty, equality and
fraternity.
4. Constitution date of adoption: 26th November 1949

Is preamble a part of Yes, it is a part of the Indian constitution, also emphasized in Kesavananda
Indian Constitution? Bharti Case.

Who wrote the preamble The preamble of India contains tenets (principles) highlighted in the
of India? Objective Resolution drafted by Jawaharlal Nehru in 1946

How many preambles

does the Indian
Constitution have?

What is the most Though no particular word has been given more importance than others,
important word in the however, ‘We, the people of India’ are the words which are termed as the
Preamble of India? most powerful in the Preamble to the Indian Constitution

Why do we need a
Preamble?

In which case, did the Supreme Court declare passed a , SC declared

judgement that Preamble is not a part of Indian Constitution? Preamble not to be a part of Indian
Constitution
A PREAMBLE is an introductory statement in a document that explains the document's philosophy
and objectives.
In a Constitution, it presents the intention of its framers, the history behind its creation, and the core
values and principles of the nation.

Key words in the Preamble :

1. We, the people of India : It indicates the ultimate sovereignty of the people of India. Sovereignty
means the independent authority of the State, not being subject to the control of any other State or
external power.
2. Sovereign : The term means that India has its own independent authority and it is not a dominion of
any other external power. In the country, the legislature has the power to make laws which are subject
to certain limitations.
3. Socialist : The term means the achievement of socialist ends through democratic means. It holds faith
in a mixed economy where both private and public sectors co-exist side by side. It was added in the
Preamble by 42nd Amendment, 1976.
4. Secular : The term means that all the religions in India get equal respect, protection and support from
the state. It was incorporated in the Preamble by 42nd Constitutional Amendment, 1976.
5. Democratic : The term implies that the Constitution of India has an established form of Constitution
which gets its authority from the will of the people expressed in an election.
6. Republic : The term indicates that the head of the state is elected by the people. In India, the
President of India is the elected head of the state.

Constitutionalism

Constitutionalism is a political and legal philosophy that emphasizes the importance of a constitution as
the fundamental law of a nation. It promotes the idea that government powers should be limited and
restrained by a constitution, and that the rule of law, rather than the arbitrary exercise of power, should
prevail.
Constitutionalism serves as a framework for establishing and maintaining a just and accountable
government while protecting the rights and freedoms of individuals.

Elements of Constitutionalism :
1. Written Constitution
2. Independent Judiciary
3. Judicial Review
4. Rule of Law
5. Separation of Powers
6. Free and Fair Elections
7. Responsible Government
8. Fundamental Rights
9. Federalism
10. Decentralization of powers.
Note- Supreme Court in 1969 ruled that, settlement of boundary dispute between India and any other

country doesn’t require constitutional amendment, it can be done by an executive action (govt action),

if it doesn’t involve cession of a territory.

FUNDAMENTAL RIGHTS

It is a basic static portion of the syllabus but it is highly dynamic in the sense that it is featured in the

daily news in some form or the other.

6 fundamental rights of India:

1. Right to Equality
2. Right to Freedom
3. Right against Exploitation
4. Right to Freedom of Religion
5. Cultural and Educational Rights
6. Right to Constitutional Remedies

What are the Fundamental Rights?

Fundamental rights are the basic human rights enshrined in the Constitution of India which are
guaranteed to all citizens. They are applied without discrimination on the basis of race, religion,
gender, etc. Significantly, fundamental rights are enforceable by the courts, subject to certain
conditions.

Why are they called Fundamental Rights?

These rights are called fundamental rights because of two reasons:

1. They are enshrined in the Constitution which guarantees them

2. They are justiciable (enforceable by courts). In case of a violation, a person can approach a
court of law.

List of Fundamental Rights

There are six fundamental rights of Indian Constitution along with the constitutional articles related to
them are mentioned below:

Why Right to Property is not a Fundamental Right?

There was one more fundamental right in the Constitution, i.e., the right to property.
However, this right was removed from the list of fundamental rights by the 44th Constitutional
Amendment.

This was because this right proved to be a hindrance towards attaining the goal of socialism and
redistributing wealth (property) equitably among the people.

1. Right to Equality (Articles 14 – 18)

Right to equality guarantees equal rights for everyone, irrespective of religion, gender, caste, race or
place of birth. It ensures equal employment opportunities in the government and insures against
discrimination by the State in matters of employment on the basis of caste, religion, etc. This right also
includes the abolition of titles as well as untouchability.

2. Right to Freedom (Articles 19 – 22)

Freedom is one of the most important ideals cherished by any democratic society. The Indian
Constitution guarantees freedom to citizens. The freedom right includes many rights such as:

• Freedom of speech
• Freedom of expression
• Freedom of assembly without arms
• Freedom of association
• Freedom to practise any profession
• Freedom to reside in any part of the country

Some of these rights are subject to certain conditions of state security, public morality and decency
and friendly relations with foreign countries. This means that the State has the right to impose
reasonable restrictions on them.

3. Right against Exploitation (Articles 23 – 24)

This right implies the prohibition of traffic in human beings, begar, and other forms of forced labour.
It also implies the prohibition of children in factories, etc. The Constitution prohibits the employment
of children under 14 years in hazardous conditions.

4. Right to Freedom of Religion (Articles 25 – 28)

This indicates the secular nature of Indian polity. There is equal respect given to all religions. There is
freedom of conscience, profession, practice and propagation of religion. The State has no official
religion. Every person has the right to freely practice his or her faith, establish and maintain religious
and charitable institutions.

5. Cultural and Educational Rights (Articles 29 – 30)

These rights protect the rights of religious, cultural and linguistic minorities, by facilitating them to
preserve their heritage and culture. Educational rights are for ensuring education for everyone without
any discrimination.

6. Right to Constitutional Remedies (32 – 35)

The Constitution guarantees remedies if citizens’ fundamental rights are violated. The government
cannot infringe upon or curb anyone’s rights. When these rights are violated, the aggrieved party can
approach the courts. Citizens can even go directly to the Supreme Court which can issue writs for
enforcing fundamental rights.
Features of Fundamental Rights

• Fundamental rights are different from ordinary legal rights in the manner in which they are
enforced. If a legal right is violated, the aggrieved person cannot directly approach the SC
bypassing the lower courts. He or she should first approach the lower courts.
• Some of the fundamental rights are available to all citizens while the rest are for all persons
(citizens and foreigners).
• Fundamental rights are not absolute rights. They have reasonable restrictions, which means
they are subject to the conditions of state security, public morality and decency and friendly
relations with foreign countries.
• They are justiciable, implying they are enforceable by courts. People can approach the SC
directly in case of violation of fundamental rights.
• Fundamental rights can be amended by the Parliament by a constitutional amendment but only
if the amendment does not alter the basic structure of the Constitution.
• Fundamental rights can be suspended during a national emergency. But, the rights guaranteed
under Articles 20 and 21 cannot be suspended.
• The application of fundamental rights can be restricted in an area which has been placed under
martial law or military rule.

Fundamental Rights Available Only to Citizens

The following is the list of fundamental rights that are available only to citizens (and not to
foreigners):

1. Prohibition of discrimination on grounds of race, religion, caste, gender or place of birth

(Article 15).
2. Equality of opportunity in matters of public employment (Article 16).
3. Protection of freedom of:(Article 19)
1. Speech and expression
2. Association
3. Assembly
4. Movement
5. Residence
6. Profession
4. Protection of the culture, language and script of minorities (Article 29).
5. Right of minorities to establish and administer educational institutions (Article 30).

FUNDAMENTAL DUTIES

The Government is planning to assign its different Ministries with the task of spreading awareness
about Fundamental duties among people.

▪ These were incorporated in Part IV-A of the Constitution by the 42nd Constitutional
Amendment Act, 1976 on the recommendations of Swaran Singh Committee.
▪ Originally 10 in number, one more duty was added through the 86th Constitutional
Amendment Act, 2002. All the eleven duties are listed in Article 51-A of the Constitution (the sole
Article in Part-IV-A).
▪ The fundamental duties serve as a reminder to citizens that while enjoying their rights, they
have also to be quite conscious of duties they owe to their country, their society and to their
fellow-citizens.
▪ However, like the Directive Principles, the duties are also non-justiciable in nature.

List of Fundamental Duties

▪ To abide by the Constitution and respect its ideals and institutions, the National Flag and the
National Anthem;
▪ To cherish and follow the noble ideals that inspired the national struggle for freedom;
▪ To uphold and protect the sovereignty, unity and integrity of India;
▪ To defend the country and render national service when called upon to do so;
▪ To promote harmony and the spirit of common brotherhood amongst all the people of India
transcending religious, linguistic and regional or sectional diversities and to renounce practices
derogatory to the dignity of women;
▪ To value and preserve the rich heritage of the country’s composite culture;
▪ To protect and improve the natural environment including forests, lakes, rivers and wildlife
and to have compassion for living creatures;
▪ To develop scientific temper, humanism and the spirit of inquiry and reform;
▪ To safeguard public property and to abjure violence;
▪ To strive towards excellence in all spheres of individual and collective activity so that the
nation constantly rises to higher levels of endeavour and achievement; and
▪ To provide opportunities for education to his child or ward between the age of six and fourteen
years (added by the 86th Constitutional Amendment Act, 2002).

PARLIAMENTARY SYSTEM

Parliamentary system has been taken from the United Kingdom because U.K. constitution is the
mother constitution of parliamentarianism. It is also called ministerial or cabinet system. Cabinet or
parliamentary form of government is that in which; Legislature and executive are closely related
and share powers with each other. Cabinet is formed by the parliament and parliament is the
superior organ. There are two executives i.e. the elected president or king and the Prime Minister.
President represents state and Prime Minister represents government. Cabinet is responsible before
the legislature.
The democratic system of government can be divided into the parliamentary and the presidential
system based on the relationship between the executive and the legislature. In a parliamentary system,
executive is a part of legislature, which implements the law and plays an active role in framing it as
well.

Features of Parliamentary System

Elements and Features of Parliamentary System are;

1. Nominal and Real Head: The head of the state holds a ceremonial position and is the nominal
executive. For example, the President.

2. In India, the head of government is the Prime Minister who is the real executive.
. According to
Article 74, the Prime Minister headed council of ministers would aid and advise the President in the
exercise of his functions.

3. Executive is a Part of Legislature: The Executive forms a part of the legislature. In India, the
person should be a member of parliament to become a member of the executive. However, the
constitution provides that a person can be appointed as a minister for a period of not more than six
consecutive months if he is not a member of the parliament, after which the person ceases to be a
minister.

4. Majority Party Rule: The party which wins majority seats in the elections of the Lower House
forms the government. In India, the President invites the leader of the majority party in Lok Sabha to
form the government. The President appoints the leader as the Prime Minister and the other ministers
are appointed by the President on the advice of the Prime Minister. The President may invite a
coalition of parties to form the government, in case, no party has got majority.

5. Collective Responsibility: The council of ministers are collectively responsible to the parliament.
The lower house of parliament has an ability to dismiss a government by getting the no confidence
motion passed in the house. In India, the government survives till the time it enjoys support of the
majority of members in the Lok Sabha. Thus, Lok Sabha is empowered to introduce no-confidence
motion against the government.

6. Prime Minister as the Centre of Power: In India, the Prime Minister is the real executive. He is
the head of the government, the council of ministers and the ruling government. Thus, he has to play a
significant and important role in the working of the government.

7. A Parliamentary Opposition: No government in the parliament can get hundred percent majority.
The opposition plays an important role in checking the arbitrary use of authority by the political
executive.

8. Independent Civil Service: The civil servants advice and implement decisions of the government.
Civil servants hold permanent appointments based on merit -based selection process. They ensure
continuity of employment even when the government changes. The civil service also ensures
efficiency in execution of duties and responsibilities.

9. Bicameral Legislature: Most of the countries following parliamentary system, including India,
have bicameral legislature. The members of the Lower House of all these countries are elected by the
people. The Lower House can be dissolved, in case, the term of the government is over or there is no
scope of government formation due to lack of majority in house. In India, the President can dissolve
the Lok Sabha on recommendation of the Prime Minister.

10. Secrecy: The members of the executive in this system have to follow the principle of secrecy in
matters such as proceedings, executive meetings, policymaking etc. In India, the ministers take oath of
secrecy before entering their office.

Advantages of Parliamentary System

The parliamentary system has the following advantages over the presidential system:

1. Represents Diverse Group: The parliamentary form of government provides opportunity to

various ethnically, racially, linguistically and ideologically diverse groups to share their views in
framing of laws and policymaking. Countries, such as India, which have high level of diversity
enables accommodation by providing political space to various diverse sections of the society.

2. Better Co-Ordination Between Legislature and Executive: The executive is a part of the
legislature. As the government enjoys the support of majority of members in the lower house, the
tendency of disputes and conflicts decreases. It makes easy for the government to pass the legislation
in the parliament and implement them.

3. Prevents Authoritarianism: In a parliamentary system, the tendency of authoritarianism decreases

as the power is vested in the council of minister rather than a single individual. The parliament can
remove the government through no-confidence motion.

4. Responsible Government: The parliament can check the activities of the executive as the latter is
responsible to the former. In a presidential system, the president is not responsible to the legislature.
The members of the parliament can ask question, move resolutions, and discuss matters of public
importance to pressurize the government. Such provisions are not available in Presidential system.

5. Availability of Alternate Government: The lower house of the parliament can introduce and pass
a no-confidence motion. In such a situation, the head of the state invites the leader of the opposition
party to form the government. In the United Kingdom, the opposition forms a shadow cabinet for the
cabinet of the government, so that they can become ready for the role.

Functions of Parliament

The functions of the Parliament are mentioned in the Indian Constitution in Chapter II of Part V. The
functions of the Parliament can be classified under several heads. They are discussed below:

Legislative Functions

• The Parliament legislates on all matters mentioned in the Union List and the Concurrent List.
• In the case of the Concurrent List, where the state legislatures and the Parliament have joint
jurisdiction, the union law will prevail over the states unless the state law had received the
earlier presidential assent. However, the Parliament can any time, enact a law adding to,
amending, varying or repealing a law made by a state legislature.
• The Parliament can also pass laws on items in the State List under the following
circumstances:
• If Emergency is in operation, or any state is placed under President’s Rule (Article
356), the Parliament can enact laws on items in the State List as well.
• As per Article 249, the Parliament can make laws on items in the State List if the Rajya
Sabha passes a resolution by ⅔ majority of its members present and voting, that it is
necessary for the Parliament to make laws on any item enumerated in the State List, in
the national interest.
• As per Article 253, it can pass laws on the State List items if it is required for the
implementation of international agreements or treaties with foreign powers.
• According to Article 252, if the legislatures of two or more states pass a resolution to
the effect that it is desirable to have a parliamentary law on any item listed in the State
List, the Parliament can make laws for those states.

Executive Functions (Control over the Executive)

In the parliamentary form of government, the executive is responsible to the legislature. Hence, the
Parliament exercises control over the executive by several measures.

• By a vote of no-confidence, the Parliament can remove the Cabinet (executive) out of power.
It can reject a budget proposal or any other bill brought by the Cabinet. A motion of no -
confidence is passed to remove a government from office.
• The MPs (Members of Parliament) can ask questions to the ministers on their ommissi ons and
commissions. Any lapses on the part of the government can be exposed in the Parliament.
 • Adjournment Motion:

.
• The Parliament appoints a Committee on Ministerial Assurances that sees whether the
promises made by the ministers to the Parliament are fulfilled or not.
• Censure Motion: A censure motion is moved by the opposition party members in the House
to strongly disapprove any policy of the government. It can be moved only in the Lok Sabha.
Immediately after a censure motion is passed, the government has to seek the confidence of the
House. Unlike in the case of the no-confidence motion, the Council of Ministers need not
resign if the censure motion is passed.
• Cut Motion:

Financial Functions

Parliament is the ultimate authority when it comes to finances. The Executive cannot spend a single
pie without parliamentary approval.

• The Union Budget prepared by the Cabinet is submitted for approval by the Parliament. All
proposals to impose taxes should also be approved by the Parliament.
• There are two standing committees (Public Accounts Committee and Estimates Committee) of
the

• Parliament to keep a check on how the executive spends the money granted to it by the
legislature. You can also read on parliamentary committees.
• Also see: Money Bills.

Amending Powers

The Parliament has the power to amend the Constitution of India. Both Houses of the Parliament have
equal powers as far as amending the Constitution is concerned. Amendments will have to be passed in
both the Lok Sabha and the Rajya Sabha for them to be effective.

Electoral Functions

The Parliament takes part in the election of the President and the Vice President. The electoral college
that elects the President comprises of, among others, the elected members of both Houses. The
President can be removed by a resolution passed by the Rajya Sabha agreed to by the Lok Sabha.

Judicial Functions

In case of breach of privilege by members of the House, the Parliament has punitive powers to punish
them. A breach of privilege is when there is an infringement of any of the privileges enjoyed by the
MPs.

• A privilege motion is moved by a member when he feels that a minister or any member has
committed a breach of privilege of the House or one or more of its members by withholding
facts of a case or by giving wrong or distorted facts.

• In the parliamentary system, legislative privileges are immune to judicial control.

• The power of the Parliament to punish its members is also generally not subject to judicial
review.
 • Other judicial functions of the Parliament include the power to impeach the President, the Vice
President, the judges of the Supreme Court, High Courts, Auditor-General, etc.

Other powers/functions of the Parliament

• Issues of national and international importance are discussed in the Parliament. The opposition
plays an important role in this regard and ensures that the country is aware of alternate
viewpoints.
• A Parliament is sometimes talked of as a ‘nation in miniature’.
• In a democracy, the Parliament plays the vital function of deliberating matters of importance
before laws or resolutions are passed.
• The Parliament has the power to alter, decrease or increase the boundaries of states/UTs.
• The Parliament also functions as an organ of information. The ministers are bound to provide
information in the Houses when demanded by the members.

Federalism is a system of government in which powers have been divided between the centre and its
constituent parts such as states or provinces. It is an institutional mechanism to accommodate two sets
of politics, one at the centre or national level and second at the regional or provincial level. It makes
an important part of Indian Polity syllabus of the IAS Exam. This article will int roduce you to
Federalism in India notes.

INDIAN FEDERAL SYSTEM – Two Types of Federations

In a federation system, there are two seats of power that are autonomous(independent) in their own
spheres. A federal system is different from a unitary system in t hat sovereignty is constitutionally split
between two territorial levels so that each level can act independently of each other in some areas.

There are two kinds of federations:

1. Holding Together Federation (remain united)– In this type, powers are shared between various
constituent parts to accommodate the diversity in the whole entity. Here, powers are generally
tilted towards the central authority. Example: India, Spain, Belgium.
2. Coming Together Federation (to join) – In this type, independent states come together to form
a larger unit. Here, states enjoy more autonomy as compared to the holding together kind of
federation. Example: USA, Australia, Switzerland.

Features of the Federal System of India

1. Dual government polity

2. Division of powers between various levels
3. Rigidity of constitution
4. Independence judiciary
5. Dual citizenship
6. Bicameralism (having two branches)

All federations might not have all the above features. Some of them may be incorporated depending
on what type of federation it is.

Federalism in India

India is a federal system but with more tilt towards a unitary system of government. It is sometimes
considered a quasi-federal system as it has features of both a federal and a unitary system. Article 1 of
the Indian Constitution states, ‘India, that is Bharat, shall be a union of states’. The word federation is
not mentioned in the constitution.
Elements of federalism were introduced into modern India by the Government of India Act of
1919 which separated powers between the centre and the provincial legislatures.

Federal Features of the Indian Union

• Governments at two levels – centre and states

• Division of powers between the centre and states – there are three lists given in the Seventh
Schedule of the Constitution which gives the subjects each level has jurisdiction in:
• Union List
• State List
• Concurrent List
• Supremacy of the constitution – the basic structure of the constitution is indestructible as laid
out by the judiciary. The constitution is the supreme law in India.
• Independent judiciary – the constitution provides for an independent and integrated judiciary.
The lower and district courts are at the bottom levels, the high courts are at the state levels and
at the topmost position is the Supreme Court of India. All courts are subordinate to the
Supreme Court.

Unitary Features of the Indian Union

• The flexibility of the constitution – the constitution is a blend of flexibility and rigidity. Certain
provisions of the constitution can be easily amended. In case the amendments seek to change
aspects of federalism in India, the provision to bring about such amendments is not easy.
• More power vests with the Centre – the constitution guarantees more powers with the Union
List. On the Concurrent List subjects, the parliament can make laws that can override the laws
made by a state legislature on some matters. The parliament can also make laws regarding
certain subjects in the State List.
• Unequal representation of states in the Rajya Sabha – the representation of the states in the
upper house is based on the states’ populations. For example, Uttar Pradesh has 31 seats and
Goa, 1 in the Rajya Sabha. In an ideal federal system, all the states should have equal
representation.
• The executive is a part of the legislature – in India, the executive in both the centre and the
states is a part of the legislature. This goes against the principle of division of powers between
the different organs of the government.
• Lok Sabha is more powerful than the Rajya Sabha – in our system, the Lok Sabha is more
powerful than the upper house and unequal powers to two houses is against the principle of
federalism.
• Emergency powers – the centre is provided with emergency powers. When an emergency is
imposed, the centre has increased control over states. This undermines the autonomy of the
states. (You may also read about President’s rule – Article 356 in the linked article.)
• Integrated judiciary – the judiciary in India is integrated. There is no separate judiciary at the
centre and the state levels. (Gain more information about Indian Judiciary from the notes
mentioned in the linked article. )
• Single citizenship – in India, only single citizenship is available to citizens. They cannot be
citizens of the state as well. This helps in increasing the feeling of nationality as it forges unity
amidst regional and cultural differences. It also augments fundamental rights such as the
freedom of movement and residence in any part of the nation.

• Governor’s appointment – the governor of a state acts as the centre’s representative in the state.
The state government does not appoint the governor, the centre does.
• New states formation – the parliament has the power to alter the territory of a state by
increasing or reducing the area of the state. It can also change the name of a state.
 • All India Services – through the All India Services such as the IAS, IPS, etc. the centre
interferes in the executive powers of the states. These services also offer uniformity in
administration throughout the nation.
• Integrated election machinery – the Election Commission of India is responsible for
conducting free and fair elections at both the centre and the state levels in India. The members
of the EC is appointed by the president.
• Veto over states bills – The governor of a state can reserve certain kinds of bills for the
president’s consideration. The president enjoys absolute veto on these bills. He can even reject
the bill at the second instance that is when the bill is sent after reconsideration by the state
legislature. This provision is a departure from the principles of federalism.
• Integrated audit machinery – the president of the country appoints the CAG who audits
accounts of both the centre and the states.
• Power to remove key officials – the state government or state legislature does not have the
authority to remove certain key government officials even at the state level like the election
commissioner of a state, judges of the high courts, or the chairman of the state public service
commissions.
 EMERGENCY PROVISIONS: NATIONAL EMERGENCY
When the Constitution of India was being drafted, India was passing through a period of stress and
strain. Partition of the country, communal riots and the problem concerning the merger of princely
states including Kashmir. Thus, the Constitution-makers thought to equip the Central Government
with the necessary authority, so that, in the hour of emergency, when the security and stability of the
country is threatened by internal and external threats. Therefore, some emergency provisions were
made in Constitution to safeguard and protect the security, integrity and stability of the country and
effective functioning of State Governments.

Objectives

After studying this lesson, you will be able to

1. recognise that the Union Government has no option except to assume extraordinary powers in
emergencies;

2. identify the situations in which the President can proclaim a state of National Emergency under
Article 352;

3. describe the various effects of National Emergency relating to the executive, legislative, and
financial matters, with special reference to the fundamental Rights;

4. cite examples of National Emergencies proclaimed in the country with their duration and effect; l
describe the circumstances in which the President can make a proclamation under Article 356
imposing President’s Rule in a state;

5. cite a few examples when such proclamations were made due to the breakdown of constitutional
machinery;

6. recall that imposition of President’s Rule has often been controversial in the context of smooth
Centre – State relations;

Proclamation of National Emergency (Article 352)

The Constitution of India has provided for imposition of emergency caused by war, external
aggression or internal rebellion. This is described as the National Emergency. This type of emergency
can be declared by the President of India if he is satisfied that the situation is very grave and the
security of India or any part thereof is threatened or is likely to be threatened either (i) by war or
external aggression or (ii) by armed rebellion within the country. The President can issue such a
proclamation even on the ground of threat of war or aggression. According to the 44th Amendment of
the Constitution, the President can declare such an emergency only if the Cabinet recommends in
writing to do so.

Effects of National Emergency

The declaration of National Emergency has far-reaching effects both on the rights of individuals and
the autonomy of the states in the following manner :
(i) The most significant effect is that the federal form of the Constitution changes into unitary. The
authority of the Centre increases and the Parliament assumes the power to make laws for the entire
country or any part thereof, even in respect of subjects mentioned in the State List.

(ii) The President of India can issue directions to the states as to the manner in which the executive
power of the states is to be exercised.

(iii) During this period, the Lok Sabha can extend its tenure by a period of one year at a time. But the
same cannot be extended beyond six months after the proclamation ceases to operate. The tenure of
State Assemblies can also be extended in the same manner.

(iv) During emergency, the President is empowered to modify the provisions regarding distribution of
revenues between the Union and the States.

(v) The Fundamental Rights under Article 19 about which you have already learnt are automatically
suspended and this suspension continues till the end of the emergency. But according to the
44thAmendment, Freedoms listed in Article 19 can be suspended only in case of proclamation on the
ground of war or external aggression.

 EMERGENCY DUE TO FAILURE OF CONSTITUTIONAL MACHINERY IN A STATE

It is the duty of the Union Government to ensure that governance of a State is carried on in
accordance with the provisions of the Constitution. Under Article 356, the President may issue a
proclamation to impose emergency in a state if he is satisfied on receipt of a report from the Governor
of the State, or otherwise, that a situation has arisen under which the Government of the State cannot
be carried on smoothly. In such a situation, proclamation of emergency by the President is called
‘proclamation on account of the failure (or breakdown) of constitutional machinery.’ In popular
language it is called the PRESIDENT’S RULE.

Effects of Imposition of President’s Rule in a State

The declaration of emergency due to the breakdown of Constitutional machinery in a State has the
following effects:
(i) The President can assume to himself all or any of the functions of the State Government or he may
vest all or any of those functions with the Governor or any other executive authority.
(ii) The President may dissolve the State Legislative Assembly or put it under suspension. He may
authorise the Parliament to make laws on behalf of the State Legislature.
(iii) The President can make any other incidental or consequential provision necessary to give effect to
the object of proclamation.
  FINANCIAL EMERGENCY

The third type of Emergency is Financial Emergency provided under Article 360. It provides that if
the President is satisfied that the financial stability or credit of India or any of its part is in dang er, he
may declare a state of Financial Emergency. Like the other two types of emergencies, it has also to be
approved by the Parliament. It must be approved by both Houses of Parliament within two months.
Financial Emergency can operate as long as the situation demands and may be revoked by a
subsequent proclamation.
Effects of Financial Emergency
The proclamation of Financial Emergency may have the following consequences:
(a) The Union Government may give direction to any of the States regarding financial matters.
(b) The President may ask the States to reduce the salaries and allowances of all or any class of
persons in government service.
(c) The President may ask the States to reserve all the money bills for the consideration of the
Parliament after they have been passed by the State Legislature. (d) The President may also give
directions for the reduction of salaries and allowances of the Central Government employees including
the Judges of the Supreme Court and the High Courts. So far, fortunately, financial emergency has
never been proclaimed.

The difference between national emergency and presidential rule are as follows:
N. National Emergency (352) President’s Rule (356)
1. It can be proclaimed only It can be proclaimed when the
when the security of India or a government of a state cannot be
part of it is threatened by war, carried on in accordance with the
external aggression or armed provisions of the Constitution due
rebellion. to reasons which may not have any
connection with war, external
aggression or armed rebellion.
2. During its operation, the state During its operation, the state
executive and legislature executive is dismissed and the
continue to function and state legislature is either
exercise the powers assigned suspended or dissolved. The
to them under president administers the state
the Constitution. Its effect is through the governor and the
that the Centre gets concurrent Parliament makes laws for the
powers of administration and state. In brief, the executive and
legislation in the state. legislative powers of the state are
assumed by the Centre.
3. The Parliament can make laws The Parliament can delegate the
on the subjects enumerated in power to make laws for the state to
the State List only by itself, the President or to any other
i.e. it can’t delegate the same authority specified by him. So far,
to any other body or authority. the practice has been for the
president to make laws for the
state in consultation with the
members of Parliament from that
 state.

4. There is no maximum period There is a maximum period

prescribed for its operation. It prescribed for its operation, that is,
can be continued indefinitely three years. Thereafter, it must
with the approval of come to an end and the normal
Parliament for every six constitutional machinery must be
months. restored in the state.
5. Under this, the relationship of Under this, the relationship of only
the Centre with all the states the state under emergency with the
undergoes a modification. Centre undergoes a modification.
6. It affects fundamental rights It has no effect on Fundamental
(FR) of the citizens. Rights (FR) of the citizens.
7. Every resolution of Every resolution of Parliament
Parliament approving its approving its proclamation or its
proclamation or its continuance can be passed only by
continuance must be passed a simple majority.
by a special majority.
8. Lok Sabha can pass a There is no such provision. It can
resolution for its revocation. be revoked by the President only
on his own discretion.

 LOCAL SELF GOVERNMENT

In your day-to-day life you require such basic facilities as water supply, drainage, garbage disposal,
public health and sanitation. You may have watched such activities as installation or repairing of street
lights, construction or repairing of roads or say renovation of a village tank . Who does all this? It is
not the Central or the State government which immediately comes to your mind. It is the local
government with which you can immediately relate yourself. In this leeson you will study about local
government at various levels.
Objectives
After studying this lesson, you will be able to:
1. appreciate that the local government has an important role to play both in the rural as well as urban
areas;
2. describe the salient features of the 73rd and 74th amendments of the Constitution;
3. describe the organisation and functions of the local bodies (Urban and Rural);
4. identify the financial resources of local bodies; l explain the functions of local bodies;
5. evaluate the performance of Panchayati Raj institutions as instruments of democratic
decentralisation (grassroots democracy)
Urban Local Bodies
In our towns and cities, we have local government institutions that are called Municipalities and
Municipal Corporations. An urban area is usually a compact and densely populated area. Municipal
administration is necessary to provide basic civic facilities like water supply, drainage, garbage
disposal, public health, primary education, construction and maintenance .
Urban and Rural of roads and sanitation. As local level democratic government, the municipal
institutions Structure of Government that are elected by the local people, raise taxes and collect fees
and fines from the public. They regulate city life by laying down regulations regarding buildings, road
network and garbage disposal. There are many developmental activities undertaken by them like
women and child development, slums improvement etc. Municipal govern ment has made possible
participative urban development and local management of civic facilities.

Function of Urban Local Bodies

It is a common practice to divide the organisation of a corporation or a municipality into two parts:
(a) the deliberative, and (b) the executive part.
1. The corporation, council or municipal board or council consisting of the elected representatives of
the people constitutes the deliberative part.
2. It acts like a legislature.
3. It discusses and debates on general municipal policies and performance, passes the budget of the
urban local body, frames broad policies relating to taxation, raising of resources, pricing of services
and other aspects of municipal administration.
4. It keeps an eye on municipal administration and holds the executive accountable for what is done
or not done. For instance, if water supply is not being properly managed, or there is an outbreak of
epidemic, the deliberative wing criticises the role of the administration and suggests measures for
improvement.
5. The executive part of municipal administration is looked after by the municipal officers and other
permanent employees.
 GOVERNMENT OF INDIA ACT 1935

It originally received royal assent in August 1935. It was the longest Act of (British) Parliament ever
enacted until Greater London Authority Act 1999 surpassed it. The Government of India Act was
passed by the British Parliament in August 1935. It was the longest act enacted by the British
Parliament at that time. It was divided into two separate acts name ly, the Government of India Act
1935 and the Government of Burma Act 1935.

Government of India Act 1935

Aim

Territorial Extent Territories under direct British control

Enacted by Parliament of United Kingdom

Royal Assent 24th July 1935

Commenced 1st April 1937

Status Repealed on 26th January 1950 in India

The various features of the Government of India Act 1935 are given below:
• Government of India Act 1935 include abolition of the Indian Council and the introduction of
an advisory body in its place, creating of an All-India Federation abolition of Diarchy.
• The Governor was the head of the executive.
• There was a Council of Ministers to advise him. The ministers were responsible to the
provincial legislatures who controlled them. The legislature could also remove the ministers.
• A bicameral federal legislature would be established.
• The two houses were the Federal Assembly (lower house) and the Council of States (upper
house).
• The federal assembly had a term of five years.

Government of India Act, 1935 – Background

1. There was a growing demand for constitutional reforms in India by Indian leaders.
2. India’s support to Britain in the First World War also aided in British acknowledgement of the
need for the inclusion of more Indians in the administration of their own country.
3. The Act was based on:
• Simon Commission Report
• The recommendations of the Round Table Conferences
• The White Paper published by the British government in 1933 (based on the Third
Round Table Conference)
• Report of the Joint Select Committees.
Read about related terms below:

1. Simon Commission
2. First Round Table Conference

To know more about the legislation passed in British India, click on the linked article.
Creation of an All India Federation

1. This federation was to consist of British India and the princely states.
2. The provinces in British India would have to join the federation but this was not compulsory
for the princely states.
3. This federation never materialised because of the lack of support from the required number of
princely states.

Read about the integration of princely states post India’s independence in the linked article.

How Government of India Act 1935 divided powers?

1. This Act divided powers between the centre and the provinces.
2. There were three lists which gave the subjects under each government.
• Federal List (Centre)
• Provincial List (Provinces)
 • Concurrent List (Both)
3. The Viceroy was vested with residual powers.

Government of India Act, 1935 – Changes Brought by the Act

S.No Features

1. Provincial autonomy

2. Diarchy at the centre

3. Bicameral legislature

4. Federal court

5. Indian Council

6. Franchise

7. Reorganisation
Provincial autonomy

1. The Act gave more autonomy to the provinces.

2. Diarchy was abolished at the provincial levels.
3. The Governor was the head of the executive.
4. There was a Council of Ministers to advise him. The ministers were responsible to the
provincial legislatures who controlled them. The legislature could also remove the ministers.
5. However, the governors still retained special reserve powers.
6. The British authorities could still suspend a provincial government.

Diarchy at the centre

1. The subjects under the Federal List were divided into two: Reserved and Transferred.
2. The reserved subjects were controlled by the Governor-General who administered them with
the help of three counsellors appointed by him. They were not responsible to the legislature.
These subjects included defence, ecclesiastical affairs (church-related), external affairs, press,
police, taxation, justice, power resources and tribal affairs.
3. The transferred subjects were administered by the Governor -General with his Council of
Ministers (not more than 10). The Council had to act in confidence with the legislature. The
subjects in this list included local government, forests, education, health, etc.
4. However, the Governor-General had ‘special powers’ to interfere in the transferred subjects
also.

Bicameral Legislature

1. A bicameral federal legislature would be established.

2. The two houses were the Federal Assembly (lower house) and the Council of States (upper
house).
3. The federal assembly had a term of five years.
4. Both houses had representatives from the princely states also. The representatives of the
princely states were to be nominated by the rulers and not elected. The representatives of
British India were to be elected. Some were to be nominated by the Governor-General.
5. Bicameral legislatures were introduced in some provinces also like Bengal, Madras, Bombay,
Bihar, Assam and the United Provinces.
Federal Court

1. A federal court was established at Delhi for the resolution of disputes between provinces and
also between the centre and the provinces.
2. It was to have 1 Chief Justice and not more than 6 judges.

Indian Council

1. The Indian Council was abolished.

2. The Secretary of State for India would instead have a team of advisors.

Franchise

1. This Act introduced direct elections in India for the first time.

Reorganisation

1. Sindh was carved out of Bombay Presidency.

2. Bihar and Orissa were split.
3. Burma was severed off from India.
4. Aden was also separated from India and made into a Crown colony.

Other points

1. The British Parliament retained its supremacy over the Indian legislatures both provincial and
federal.
2. A Federal Railway Authority was set up to control Indian railways.
3. The act provided for the establishment of Reserve Bank of India.
4. The Act also provided for the establishment of federal, provincial and joint Public Service
Commissions.
5. The Act was a milestone in the development of a responsible constitutional government in
India.
6. The Government of India Act 1935 was replaced by the Constitution of India after
independence.
7. The Indian leaders were not enthusiastic about the Act since despite granting provincial
autonomy the governors and the viceroy had considerable ‘special powers’.
8. Separate communal electorates were a measure through which the British wanted to ensure the
Congress Party could never rule on its own. It was also a way to keep the people divided.

 INDIAN INDEPENDENCE ACT OF 1947

The main objectives of the Indian Independence Act of 1947 are as follows:

•
Each dominion was authorized
to emend the government of Indian Act, 1935 under the Independence Act 1947.
• . All
treaties, agreements, exercisable by his Majesty with regard to States and their rulers were to
lapse for 15 august, 1947. It was also provided that the existing arrangements between the
Government of Indian states were to continue pending the detailed ne gotiations between the
Indian states and the new dominions. The rulers of the dominion keeping in view the majority
of their population.

Background

• The Indian Independence Act, 1947 was an act of the British Parliament that partitioned India
into two independent dominions of India and Pakistan.
• The legislation was drafted by the Labour government of Clement Attlee. It was based on the
Mountbatten Plan or the 3rd June Plan which was formulated after the leaders of the Indian
National Congress and the Muslim League agreed to the recommendations of the Viceroy Lord
Mountbatten.
• Lord Mountbatten came to India with the specific task of seeing over the handing over of the
authority to Indians. But the INC and the League could not agree on the question of partition.
• An initial plan proposed by Mountbatten known as the Dickie Bird Plan was opposed by
Nehru. According to this plan, the provinces were to be declared independent and then allowed
to join or not join the Constituent Assembly. Nehru opposed this as it would, in his opinion,
would lead to the country’s balkanisation.
• Then, Mountbatten came up with the last plan known as the 3 June Plan which was accepted
by all parties. The INC, which was opposed to any partition of the country, finally accepted it
as an inevitable process.
• As per this plan, India would be partitioned into India and Pakistan. The constitution framed by
the Constituent Assembly would not be applicable to the areas which would go into Pakistan.
These provinces would then decide on a separate constituent assembly.
• The Legislative Assemblies of Punjab and Bengal voted for the partition according to which
these provinces were to be divided between the two dominions along religious lines.
• The assembly of Sind was given the choice to join the Indian Constituent Assembly or not. It
decided to join Pakistan. In the North Western Frontier Province (NWFP) and Sylhet, a
referendum was to be held which would decide the country they were to join.
• The complete legislative authority would be given to the Constituent Assemblies of the new
countries.
• The Act decided to grant independence to India and Pakistan with effect from 15 th August
1947.
• The new boundaries of the dominions would be demarcated by the Boundary Commission.
• British suzerainty over the princely states was to end. These states could decide to join either
India or Pakistan or remain independent. Over 560 states decided to merge with India.
• The British emperor would cease to use the title ‘Emperor of India’.
• Until the new dominions’ constitutions would become effective, the heads of state would be
the respective Governor-Generals who would continue to assent laws passed by the
Constituent Assemblies in the name of the king.
• This Act received the royal assent on 18th July 1947 and entered into force.
• Pakistan became independent on 14 th August and India on 15 th August 1947. Muhammad Ali
Jinnah was appointed Pakistan’s Governor-General and Lord Mountbatten became India’s.
 CENTRE STATE RELATIONS

India is a union of states. The constitution of India has divided the legislative, executive and financial
powers between the centre and the states, which gives the constitution a federal character whereas
judiciary is integrated in a hierarchical structure.

The centre-state relations are divided into three parts, which are
mentioned below :

A. Legislative Relations :
1. Articles 245 to 255 describe Legislative relations between centre and states.
These include :
i. Territorial jurisdiction of laws made by the Parliament and by the Legislatures of States.
ii. Distribution of legislative subjects.
iii. Power of parliament to legislate with respect to a matter in the State List.
iv. Centre's control state legislation.
2. Article 245 empowers the centre to give directions to the states in certain cases in regards to the
exercise of their executive powers.
3. Article 249 empowers the parliament to legislate with respect to a matter in the State List in the
national interest.
4. Under Article 250, the parliament becomes empowered to make laws on the matters related to state
list when national emergency (under Article 352) is in operation.
5. Under Article 252, the parliament is empowered to legislate for two or more States by their consent.

B. Administrative Relations :
1. Article 256 to 263 deals with the administrative relations between the centre and the states.
2. Article 256 states that the executive power of every State shall be so exercised as to ensure
compliance with the laws made by the parliament and any existing laws which apply in that State, and
the executive power of the Union shall extend to the giving of such directions to a State as may appear
to the Government of India to be necessary for that purpose.

Cooperation between the Centre and the States :

The constitution lays down various provisions to secure cooperation and coordination between the
centre and the states. These include :
i. Article 261 states that "Full faith and credit shall be given throughout the territory of India to public
acts, records and judicial proceedings of the Union and of every State".
ii. According to Article 262, the parliament may by law provide for the adjudication of any dispute or
complaint with respect to the use, distribution or control of the waters of, or in, any inter-State river or
river valley.
iii. Article 263 empowers the President to establish an inter-State Council to inquire into and advise
upon disputes between states, to investigate and discuss subjects in which some or all of the States, or
the Union and one or more of the States, have a common interest.

Centre-State Relations during Emergency :

i. During a national emergency (under Article 352), the state government become subordinate to the
central government. All the executive functions of the state come under the control of the union
government.
ii. During a state emergency (under Article 356), the president can assume to himself all or any of the
functions of the Government of the State and all or any of the powers vested in or exercisable by the
Governor or authority in the State other than the Legislature of the State.
iii. During the operation of financial emergency (under Article 360), the Union may give directions to
any State to observe such canons of financial propriety as may be specified in the directions, and to the
giving of such other directions as the President may deem necessary and adequate for
the purpose.

C. Financial Relations :
1. Article 268 - 293 of Part XII deals with the financial relations between the centre and the states.

The Constitution has provided the union government and the state governments with the independent
sources of revenue. It allocates the powers to centre and the states in the following way :
i. The parliament has exclusive power to levy taxes on the subjects mentioned in the Union List.
ii. The state legislature has exclusive power to levy taxes on the subjects mentioned in the State List.
iii. Both the parliament and the state legislature are empowered to levy taxes on the subjects mentioned
in the Concurrent List.
iv. The parliament has exclusive power to levy taxes on the matters related to the residuary subjects.
Tax revenue distribution :
1. Article 268 states that duties are levied by the Union but are collected and appropriated by the States.
2. Service tax levied by Union and collected and appropriated by the Union and the States (Article
268A).
3. Taxes levied and collected by the Union but assigned to the States (Article 269).
4. Taxes levied and collected by the Union but distributed between the Union and the States
(Article 270).
5. Surcharge on certain duties and taxes for purposes of the Union (Article 271).
6. Under Article 275, the parliament is authorized to provide grants-in-aid to any state as parliament
may determine to be in need of assistance,
and different sums may be fixed for different States.
7. Under Article 282, the union or a state may make any grants for any public purpose, notwithstanding
that the purpose is not one with respect to which Parliament or the Legislature of the State, as the case
may be, may make laws.
8. Under Article 352, during the operation of national emergency, the distribution of revenues between
the centre and the states can be altered by the president.
9. Under Article 360, during the financial emergency, the executive authority of the Union shall give
directions to any State to observe such canons of financial propriety as may be specified in the
directions and to the give the directions as the President may deem necessary and adequate for the
purpose.