Federalism and Division of Powers
Some school jobs are done by the headmaster and some by the class teacher. Sharing work this way keeps everything running. Running a country is similar.
Federalism means the administration of a country is shared by governments at two levels: the Union Government and the State Governments. The Constitution has decided in three lists who can make laws on which subjects.
Key idea 1 : Government at two levels — It is hard to run a large country like India from one capital and far-flung areas may be neglected. So in a federation government works at two levels. The Union Government does tasks like defence of the country, foreign policy and keeping peace. The State Government looks after the region we live in; e.g. the Government of Maharashtra looks after Maharashtra.
Key idea 2 : Division of powers: three lists — The Constitution has divided the subjects for lawmaking among three lists. The Union Government legislates on Union List subjects (e.g. defence, foreign relations, currency, international trade). The State Government legislates on State List subjects (e.g. agriculture, law and order, local government, health). Both governments can legislate on Concurrent List subjects (e.g. employment, environment, education).
Key idea 3 : Residuary powers — If a new subject comes up that is in none of the three lists, the Union Government has the right to make laws on it. These are called residuary powers. As per the textbook there were originally 97 subjects in the Union List, 66 in the State List and 47 in the Concurrent List; later amendments have changed these numbers.
- Easy : Currency is in which list? — Union List.
- Medium : Agriculture is in which list? — State List.
- Exam-type : Education is in which list? — Concurrent List.
In the figure: How lawmaking subjects are divided.
What happened before Education moved to the Concurrent List? When the Constitution came into force, education was only in the State List, so only the States could make laws on it.
What happened after Education moved to the Concurrent List? The 42nd Amendment of 1976 moved some subjects including education from the State List to the Concurrent List. Since then both the Union and the States can legislate on education.
Three lists = Union, State, both; leftover subjects = with the Union.
In a federation a State is not just a part of the Centre; it is a government with its own powers given by the Constitution.
Memory clue: Union-State-Concurrent = U-S-C.
Spot the difference
| List | Who legislates | Example |
|---|---|---|
| Union List | Union Government | Defence, currency |
| State List | State Government | Agriculture, health |
| Concurrent List | Both | Education, environment |
Practice questions
- 1What is federalism?
- 2Why does a large country need government at two levels?
- 3State two tasks of the Union Government.
- 4Name the three lists with one example each.
- 5What are residuary powers?
- 6Who legislates on Concurrent List subjects?
- 7What changed when education moved to the Concurrent List?
- 8Write in your words the benefits of dividing powers.
Show answers (try them yourself first)
- 1Sharing administration by governments at two levels.
- 2Running from one capital is hard and far areas may be neglected.
- 3Defence and foreign policy.
- 4Union-currency, State-agriculture, Concurrent-education.
- 5The Union’s power to legislate on subjects not in any list.
- 6Both the Union and State governments.
- 7Both Union and States can legislate on education.
- 8Sharing tasks eases administration and increases people’s participation.
Union Territories and Parliamentary System
In school the class representative speaks for the class and answers to it. In a parliamentary system the Council of Ministers answers to Parliament.
A Union Territory is a region controlled directly by the Union Government. In a parliamentary system Parliament has the highest decision-making power and the Council of Ministers is answerable to the Lok Sabha.
Key idea 1 : Union Territories — India has the Union Government, State Governments and Union Territories. The Union Government controls the Union Territories. The textbook mentions 28 States and 9 Union Territories. In 2020 Daman and Diu and Dadra and Nagar Haveli were merged, so today there are 8 Union Territories.
Key idea 2 : Parliament and Council of Ministers — India has adopted the parliamentary system. Parliament includes the President, the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). The Council of Ministers that runs the administration emerges from the Lok Sabha and is answerable to it for all its decisions.
Key idea 3 : Importance of debate — In a parliamentary democracy discussion and debate in Parliament have great importance. Ministers are questioned, decisions are debated and only then are laws made. So the government cannot act arbitrarily.
- Easy : What is Chandigarh? — A Union Territory.
- Medium : To whom is the Council of Ministers answerable? — The Lok Sabha.
- Exam-type : Parts of Parliament? — Three (President, Lok Sabha, Rajya Sabha).
In the figure: The Council of Ministers comes from the Lok Sabha and answers to it.
The textbook lists 9 Union Territories; in 2020 Daman and Diu and Dadra and Nagar Haveli became one territory, so today there are 8. (In exams write the textbook figure)
Parliament = President + Lok Sabha + Rajya Sabha; ministers → Lok Sabha.
The Council of Ministers is not above Parliament; it is answerable to the Lok Sabha.
Memory clue: Parliament = 3 parts; ministers answer to the Lok Sabha.
Spot the difference
| Point | State | Union Territory |
|---|---|---|
| Control | State Government | Union Government |
| Example | Maharashtra | Chandigarh |
Practice questions
- 1What is a Union Territory?
- 2Write names of two Union Territories.
- 3What is the parliamentary system?
- 4Who all are included in Parliament?
- 5To which House is the Council of Ministers answerable?
- 6Why is discussion in Parliament important?
- 7Why is the textbook number of Union Territories different today?
- 8Write the difference between a State and a Union Territory.
Show answers (try them yourself first)
- 1A region directly controlled by the Union Government.
- 2Chandigarh, Puducherry.
- 3Where Parliament has the highest authority and ministers answer to the Lok Sabha.
- 4The President, Lok Sabha and Rajya Sabha.
- 5The Lok Sabha.
- 6It keeps check on government and decisions are considered.
- 7Two territories were merged in 2020.
- 8A State has its own government; a Union Territory is controlled by the Union.
Independent Judiciary and Single Citizenship
In a game the umpire listens to both teams and decides without taking sides. The court too works like this.
An independent judiciary means courts that decide impartially without pressure from the government. Single citizenship means all Indians have one ‘Indian citizenship’.
Key idea 1 : Work of the court — Disputes that cannot be settled mutually go to the court. The court hears both parties, looks into any injustice and gives its judgement. This must be done impartially.
Key idea 2 : Why independent? — The Constitution has made many provisions to keep the judiciary as independent as possible. For example, Judges are appointed by the President and not by the Government. It is not easy to remove Judges from office. So Judges can decide without any fear.
Key idea 3 : Single citizenship — The Indian Constitution has given a single citizenship to all Indians: ‘Indian citizenship’. Whether we live in Maharashtra or Kerala, we are first citizens of India. So rights and duties are equal throughout the country.
- Easy : Who appoints Judges? — The President.
- Medium : How many citizenships in India? — One.
- Exam-type : Whom does the court hear? — Both parties.
In the figure: From dispute to impartial judgement.
Independent = appointed by President + hard to remove.
Independent judiciary does not mean judges are above law; they decide as per the Constitution.
Memory clue: One country = one citizenship; umpire = impartial judge.
Spot the difference
| Point | Provision | Benefit |
|---|---|---|
| Appointment | By the President | Less government pressure |
| Removal | Not easy | Fearless decisions |
| Citizenship | Single | Equal status everywhere |
Practice questions
- 1What is the work of a court?
- 2Why should the judiciary be impartial?
- 3Write two provisions that keep the judiciary independent.
- 4What is single citizenship?
- 5Which citizenship does a person living in Maharashtra hold?
- 6What would happen if judges could be removed easily?
- 7Hold a group discussion on merits and demerits of independent judiciary and write points.
- 8How does single citizenship help the country?
Show answers (try them yourself first)
- 1Hearing disputes and giving impartial judgement.
- 2So that both parties get justice.
- 3Appointed by the President; not easy to remove.
- 4One ‘Indian citizenship’ for all Indians.
- 5Indian citizenship.
- 6They may decide under pressure and justice would be at risk.
- 7Points: impartiality, fearlessness; question: how to fix accountability.
- 8Equal rights everywhere and a feeling of unity.
Amendment Procedure and Election Commission
School rules need to change as required but changing them daily causes confusion. So there is a fixed way of changing. The Constitution is the same.
An amendment is a change in the provisions of the Constitution as per changing circumstances. The Election Commission is the independent machinery that conducts free and fair elections.
Key idea 1 : Amending the Constitution — Changing circumstances create a need to amend the Constitution. But frequent amendments can cause instability. So the procedure of amendment is laid down in the Constitution itself, so that an amendment is made only after careful thought. The procedure is unique: it is neither too difficult nor too easy. More scope is given to consider important amendments, while general amendments can be made easily.
Key idea 2 : Election Commission — In a democracy people have to elect their representatives periodically. Only if elections are held in a free and fair atmosphere can citizens choose a candidate of their choice without fear or pressure. If the government itself held elections there would be no guarantee of such an atmosphere. So the Constitution has given the responsibility of conducting elections to an independent machinery, the Election Commission.
Key idea 3 : Responsibility of the Commission — The responsibility of conducting all elections in India rests with the Election Commission. Words like voter, constituency and code of conduct are linked to its work. In the next lesson we will study the fundamental rights given by the Constitution.
- Easy : Where is the amendment procedure laid down? — In the Constitution itself.
- Medium : Who conducts elections? — Election Commission.
- Exam-type : Procedure too hard or too easy? — Neither.
In the figure: Change as needed but thoughtfully.
The Election Commission was established on 25 January 1950, which is why this day is observed as ‘National Voters’ Day’. (check with the textbook)
Amendment = not too hard, not too easy; election = Commission.
It is wrong that the Constitution can never be changed; it can be, by the fixed procedure.
Memory clue: Stability + flexibility = amendment; free election = Commission.
Spot the difference
| Point | Amendment | Election Commission |
|---|---|---|
| Purpose | Changing needs | Free elections |
| Nature | Fixed procedure | Independent machinery |
Practice questions
- 1What is an amendment?
- 2Why should amendments not be frequent?
- 3How is the amendment procedure?
- 4What is the Election Commission?
- 5Why should elections be held by the Commission and not the government?
- 6What is required for free and fair elections?
- 7Find out what a code of conduct means and write.
- 8Find out how many amendments have been made so far.
Show answers (try them yourself first)
- 1A change in the Constitution as per changing circumstances.
- 2It may cause instability.
- 3Neither too difficult nor too easy.
- 4Independent machinery conducting elections.
- 5Because impartiality is not guaranteed if government itself conducts.
- 6An atmosphere free of fear and pressure.
- 7Rules that parties and candidates follow during elections.
- 8Student should find from books, internet or teachers.