Federalism

Name :- Anurag Prabhakar Makode
Class L.L.M 1St semester
Group B Constitutional and administrative law
Subject:- FEDERALISM AND UNION - STATE

RELATIONS
INTRODUCTION
• The limitation of government powers is a fundamental principle in
democratic governance, ensuring a balance between authority and individual
liberties.
• The concept of limiting government powers is rooted in the Theory of

Separation of Powers, aiming to prevent the abuse of authority by
distributing it among distinct branches – executive, legislative, and judicial.
• Rule of Law plays a pivotal role in restricting governmental actions,

emphasizing that no one, including the government, is above the law,
fostering accountability and fairness.
• Fundamental rights act as a crucial check on the State’s powers, providing

citizens with legal safeguards against arbitrary actions and upholding the
principles of justice and equality
THEORY OF SEPARATION OF
POWERS
1.Division of Powers: The theory of separation of powers entails the distribution
of governmental authority among distinct branches – the executive, legislative,
and judicial. This division aims to prevent the concentration of power in a single
entity, fostering checks and balances within the system.
2.Executive Authority: Within this framework, the executive branch is

responsible for implementing and enforcing laws. By keeping this power separate
from legislative and judicial functions, the risk of potential abuse or
authoritarianism is mitigated, promoting a more accountable government.
3.Legislative Function: The legislative branch, typically a parliament or

congress, holds the authority to create laws. This separation ensures that those
making the laws are distinct from those executing them, fostering a more
transparent and deliberative legislative process.
4.Judicial Independence: The judicial branch interprets laws and ensures their
constitutionality. Its independence from the executive and legislative branches is
crucial for impartial decision-making, allowing the judiciary to serve as a check
on potential overreach by other branches.
Rule of Law
Definition of Rule of Law:
The Rule of Law is a fundamental legal principle that emphasizes the
supremacy of law over arbitrary power. It ensures that all individuals,
including the government, are subject to and accountable under the law.
Equality Before the Law:

One key aspect of the Rule of Law is the principle of equality before the
law. This means that everyone, regardless of their position or status, is
treated equally by the legal system.
Legal Certainty and Predictability:

The Rule of Law promotes legal certainty, providing a stable and
predictable legal environment. This is essential for individuals and
businesses to plan their actions and make informed decisions.
Fair and Transparent Legal Processes:

It requires fair and transparent legal processes. This includes open and
accessible legal proceedings, ensuring that justice is not only done but is
also seen to be done.
Rule of Law continued……
Restrictions on Arbitrary Government Power:
The Rule of Law places restrictions on the exercise of arbitrary government
power. Government actions must be based on clear and established legal
principles, preventing arbitrary decision-making.
Protection of Individual Rights:

An integral part of the Rule of Law is the protection of individual rights. It
serves as a safeguard against the infringement of citizens' rights by the
government.
Access to Justice:
Ensuring access to justice for all is a crucial component. This means that
individuals have the right to seek legal remedies, and the legal system
should be accessible and affordable.
Accountability and Rule of Law:

The Rule of Law promotes accountability by holding individuals, including
government officials, accountable for their actions. This accountability is
essential for maintaining public trust in the legal system and government
institutions.
Fundamental Rights as Limitation on
State’s Powers
1.Inherent Rights:
1. Fundamental rights are inherent to individuals, forming the core principles of personal liberties and dignity.
2.Constitutional Safeguards:
1. Enshrined in the constitution, these rights serve as a shield against arbitrary actions by the state.
3.Legal Framework:
1. Fundamental rights are protected by a robust legal framework, ensuring citizens' entitlements are upheld.
4.Equality and Non-Discrimination:
1. They promote equality and prohibit discrimination, fostering a just and inclusive society.
5.Restrictions on State Actions:
1. Act as a check on governmental authority, preventing overreach and ensuring adherence to the rule of law.
6.Judicial Enforcement:
1. The judiciary plays a crucial role in upholding fundamental rights by providing remedies and redress against
violations.
7.Balancing State Interests:
1. While recognizing state interests, fundamental rights require a delicate balance to avoid infringement on
individual freedoms.
8.Dynamic Nature:
1. Fundamental rights evolve with societal changes, reflecting an adaptable legal framework that responds to the
needs of the time.
MECHANISMS FOR
ACCOUNTABILITY
Parliamentary Committees:
Specialized committees play a crucial role in scrutinizing government actions and policies.These
committees, comprised of members from different political parties, conduct in-depth examinations and
provide recommendations for accountability.
Opposition's Role:
The opposition serves as a vital check on the government's exercise of power.

Through debates, questioning, and raising concerns, the opposition ensures a robust scrutiny of
government decisions and actions.
Oversight Bodies:
Independent oversight bodies, such as ombudsman offices or commissions, contribute to

accountability.
These bodies investigate complaints, ensuring transparency, and holding the government accountable
for any deviations from established norms.
Case studies
• Case Study 1: Marbury v. Madison (1803)
• Highlighting the landmark U.S. Supreme Court case that established the
principle of judicial review.
• Discussing how this case emphasized the judiciary's role in checking
and balancing government actions.
• Case Study 2: Kesavananda Bharati v. State of Kerala (1973)

• Focusing on the Indian Supreme Court case that affirmed the basic
structure doctrine, limiting the power of constitutional amendments.
• Exploring how this case played a crucial role in defining and protecting
fundamental rights.
• Case Study 3: The Watergate Scandal (1972-1974)

• Examining the political scandal in the United States that led to President
Nixon's resignation.
• Illustrating how investigative journalism, legal proceedings, and public
outcry acted as checks on government abuse of power.
CONCLUSION
In conclusion, the effective implementation of limits on government powers demands

continuous vigilance, public awareness, and adaptability to changing contexts. Sustained
scrutiny is essential to prevent the concentration of authority and ensure the enduring
separation of powers. Simultaneously, public awareness and engagement play a pivotal role in
holding the government accountable, as an informed citizenry is fundamental to safeguarding
democratic principles. Moreover, the adaptability of legal and governance frameworks is
crucial to addressing evolving societal needs while upholding the foundational principles of
limiting government powers. Through these efforts, we can fortify the foundations of our
democracy, fostering a system that remains resilient, just, and responsive to the dynamic
challenges of our times.

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Name :- Anurag Prabhakar Makode

Class L.L.M 1St semester

Group B Constitutional and administrative law

Subject:- FEDERALISM AND UNION - STATE

• The concept of limiting government powers is rooted in the Theory of

• Rule of Law plays a pivotal role in restricting governmental actions,

• Fundamental rights act as a crucial check on the State’s powers, providing

2.Executive Authority: Within this framework, the executive branch is

3.Legislative Function: The legislative branch, typically a parliament or

Equality Before the Law:

Legal Certainty and Predictability:

Fair and Transparent Legal Processes:

Protection of Individual Rights:

Accountability and Rule of Law:

The opposition serves as a vital check on the government's exercise of power.

Independent oversight bodies, such as ombudsman offices or commissions, contribute to

• Case Study 2: Kesavananda Bharati v. State of Kerala (1973)

• Case Study 3: The Watergate Scandal (1972-1974)

In conclusion, the effective implementation of limits on government powers demands

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