Nature Of The Indian Federal System

The lexical meaning of the word, Federal is- “having a system of Government in which the individual states of a country have control over their own affairs, but are controlled by a central government for national decisions”. But, there is not a general consensus among the political scientists regarding the true meaning of the word, Federation. Sometimes, it is substituted with the word, Union. It is because of Article 1(1) of our Constitution that states- “India that is Bharat, shall be a union of states.” It is correct to a great extent.

It is important to note here that the word, Federation is not mention in the Indian constitution. However, India is a federation. A federation is characterized by some certain essential features. The Indian constitution has those essential features.
There are two levels of government – the Central Government and the State Government- in India. The powers and functions of the Central Government and the State Government are clearly defined in the Indian constitution. Both the Governments are autonomous within their respective areas of working. The Central Government has jurisdiction over 97 subjects whereas the State List includes 66 subjects. Also, there is a Concurrent List consisting of 47 subjects over which both the governments have concurrent jurisdiction. Disputes regarding the powers and functions of the Central Government and the State Governments are decided by an independent judiciary under the Constitution. Hence, Indian Constitution provides India the federal form.

A federal state represents a group of several states. Each state is not only an agent of the federal government but also draw its authority from the Constitution. Beside it, states have no rights to secede from the federation at its will. As a federal state derives its powers and existence from the Constitution, there is the supremacy of the Constitution in a federal state. The courts have a final power to interpret the Constitution and every power – either executive or legislation or judicial. In other words, the Constitution is the supreme law in a federal system. We observe that there is a division of legislative and administrative powers between the Union and the State Governments and the Supreme Court stands at the head of our judiciary.

Our Constitution serves both the Union and the States with the same fullness and precision but since some of the states of the federation differed in their historical origins and their political development, special provisions for different classes of the units had to be made. The State of Jammu and Kashmir was accorded a special status and was allowed to make its own State Constitution. Even all the other provisions of the Constitution of India did not directly apply to J & K but dependent upon an order made by the President in consultation with the Government of that state for which provision had to be made in Article 370. After the inauguration of the Constitution special provisions have been inserted [ Arts. 371,372 I], to meet the regional problems and demands in certain states such as Assam, Manipur, Mizoram, Nagaland, Andhra Prasad, Maharastra, Gujarat etc. The Constitution provides an extraordinarily powerful Central Government. Article 249 gives power to Parliament to enact legislation on any subject in the State List, provided the Rajya Sabha by a two-thirds majority needs it to do so. Under Article 312, Parliament is allowed to create new all India services common to the Centre and the States provided that the Rajya Sabha passes a resolution to this effect by a two- thirds majority. Article 256 places a State Government under an obligation to exercise its executive power so as to ensure compliance with the laws made by Parliament. Article 257 places the states under the control of the Central Government in certain cases.
Further, Article 200 and 201 empower the Governor who is a presidential appointee, to reserve a bill passed by the State Legislative Assembly for the consideration of the President who has the power to veto it without giving reasons. The powers of the Central Government became dominant in times of emergency. The Union functions as a unitary state when the security of the country is in peril or when there is failure of the constitution in a state or when there is the financial unstable in the state.

Indian federation gives the states a temporary identity because Article 3 of the Constitution states that the Parliament may form a new state by law or may increase or diminish the area of any state. It may alter the boundaries or the name of any state. An Indian federal system differs from the typical systems of the world. It has some peculiar features especially in terms of the mode of formation, position of the states and nature of the polity. The Government of India Act, 1935 introduced the federal concept for the first time. Under this system the Indian provinces derived their authority directly from the British Crown. Interestingly, this system is not the outcome of any agreement but has been framed by the people of India.

In certain conditions Parliament can legislate on state subjects. They are discussed below: (a) According to Article 249 of the Constitution if the Rajya Sabha passes any of the subjects of the State List with two-thirds majority of the present and eligible voters of the House, declaring the subjects to have national importance, on that subject Parliament acquires the power to legislate i.e. to make laws. This can be implemented for one year. This can also be increased to one more year. (b) According to the 7th Schedule of the Constitution, Parliament makes laws if in any way states are related to this law or any state has implemented laws on the same subjects, then the laws by the Parliament will be implemented. (c) According to Article 353 of the constitution if in the whole country or in any part of it, emergency is declared (Art. 352(1)) then Parliament acquires the power to make laws regarding the subjects mentioned in all the list including State Lists for the whole of the country or a part of it, the same arrangements are implemented when emergency is declared under Art. 356.

A foreign critic Prof. K C Wherare in his book ‘Federal Government (1951)’ has written that the Indian Constitution provides a system of government which is quasi-federal ....... a unitary state with subsidiary federal features rather than a federal state with subsidiary unitary features. Prof. C H Alexandrowioz in his book ‘Constitutional Developments in India (1957)’ has expressed same views. He stated that the Constitution of India is neither purely federal nor purely unitary but it is a combination of both. It is a Union or composite state of a novel type. It enshrines the principle that in spite of Federalism the national interest ought to be paramount. Some other scholars in India have agreed on this point. Actually, the parliamentary form of government is federal in structure with unitary features.

Literature and Society

Literature is simply great. It provides us with such contentment which is unmatched. It directs society. It contains the best experiences and thoughts of the people of society. It is said to be a mirror for society. We know about society through it. It reflects the ideas, feelings and people of the society. It enables us to peep into past as well as future besides present. It is our best friend in isolation. It contains elements of astuteness. It gives us the accurate moral advice. It is the literature that develops and elevates everyone. It keeps us up to date.

More than once it has been said that literature reveals society. It is an imperative documentation of what humans have seen in society, what they have practiced of it, and which has the most abrupt and long-term significance for all of us. The proper endeavor of literary persons ought to be providing in their works as a facsimile of society. No doubt, literature and society are interlinked. The truth of literature is not different from that of society. It tells us not only what is seen or learnt, but also the thoughts and feelings which are associated with other men and produced in their mind. It can therefore give us a more real and more truthful portrait of men and behaviors. The characters in literature are the creations of writer’s mind. They are the representations of the original as well. We always expect from a true literary artists not merely a picturesque presentation of life but a picture of life, at once real and ideal that is to say not a copy of what it is but what it ought to be. In fact all art is rooted to society and no literary artifact can be more separate creation. The personality of or the collective experiences of authors through which they observe life is greatly predisposed by life around them. Even the greatest genius like Shakespeare and Kalidas described the society into which they born. They were not totally free from the impress of time. Whatever the scenes of assassination, psychosis and maneuvers we find in their plays were the result of their efforts to furnish to the contemporary society. We should not fail to remember that the value and brilliance of literature is superior to life. It is the peculiar glory of great literature that it lasts longer than kings and dynasties. The political world of Homer is dead while his creations are living even today. The grandeur of Rome has gone but the fame of Virgil is yet animate. The visions of Kalidas still stir us like the living fire. The great medieval powers are forgotten but the songs of Dante are still relished. Similarly, the Elizabethan age will be remembered as long as the English language lives on account of its Shakespeare.
Literature, according to the lexicon, is the pieces of writing that are valued as works of art especially novels, plays and poems. Reading good books brings us closer to the best thought of the best mind and this habit gives us superb joy. Sir Richard Steele says, “Reading is to the mind what exercise is to the body.” Reading is our unfailing companion of solitude. It is s source of eternal joy and pleasure. In reading books we find an escape from the cares and worries of life. Books also revolutionize the public opinion and reform the moral tone of human society. We should be careful of avoiding bad books, also, which may spoil our good habit and character. In short, it presents the picture of the world in a more attractive manner than the world really is. Stories and novels are a great source of pleasure and recreation. It takes us into a new world of imagination and joy and we forget our worries and surroundings. The nexus between literature and society is crystal clear. We can take an example of Bandopadhy’s novel; “Pather Panchali” that depicts human quality. The story of the novel deals with familiar matters of today. The sorrow and joy of the countryside in a village that is passing away in a fast changing social environment before eyes are described in it. It traces the life of Apu from the childhood. The first part deals with social milieu in which Apu was born and it has been depicted sensitively. The portrayal challenges may be sought in society. Apu’s sister Durga is the principal character round whom the littlie boy grows up. What a loving character is Durga! It is through Durga that Apu enters the nature and for the first time in Bengali fiction; Nature becomes a living personality that weaves its spell on the human mind. Literature is instinct with the spirit of our society. it brings home the beauty of the society and its people in unexpected ways. The vivid description of nature appeals to our mind and we can see Nature with our eyes and hear manifold music with our ears. The novelist looks and grips mind and heart of the people of the society. Literature and society is the two sides of the same coin. Each gives life to each other. Without society, literature cannot be visualized. Similarly, society depends on the direction of the literature. The two great epics, the Ramayana and the Mahabharata have been guiding Indians and others since a long time. It indicates the impact of literature on society and vice versa. Both have greatly influenced the social strata, political arena, moral education, conducts, religion, physical and psyche of human society. Even today we imagine the Ramrajya. Literature and society is tied with invisible force which can never be separated. They exist together as the carbon copy of each other.

Criminalisation Of Politics

The word Politics has today become one and the same with disloyalty or opportunism. It has degraded into a shameless business. Everything is reasonable in politics. The result is that honest and noble people try to keep away from Politics. However, Democracy stands for the rule of law and the holding of free and unbiased elections to make certain the will of the people. But in quite recent times this peaceful method of community change has been much vitiated. Brutality, rigging and booth-capturing have become the order of the day. This actuality was highlighted during the elections to the local bodies including District Boards, Municipalities and Municipal Corporations as well as elections to the Lokshabha along with a number of state legislatures. It was found that confirmed criminals and even those who were behind the bars were given tickets by different political parties. What is more shocking is the fact that they won the elections. There was cruelty on a large scale in a number of places and hundreds of lives were vanished. The cult of the gun prevails and criminals are often hired for the purpose of capturing booths and violent behaviors or threats of violence. Without a doubt the entire democratic process is neglected. All this indicates the criminalization of Politics today.

The Government and law enforcing authorities seem vulnerable in modern day Politics. Today MPs and MLAs are either have close associations with criminals or are men with criminal records. Criminals have gained access to socio-political survival and the expectations on democracy appear to be panic. Gangsters move about freely in order to eliminate their political opponents and creating fear. Unfortunately, nobody has the motivation to put down such immoral actions with and iron hand.

Criminalization of Politics is the greatest jeopardy that faces democracy these days. Leaders of all political parties and intellectuals want to remove criminals from the electoral process but anti-social elements are involved to ensure their success. Quite often the appeals are put forward for a protective measure against the activities of the anti social elements. But the menace is that the electoral process would pass into the hands of anti social elements. The access of criminals into the political field has caused chaos in the sphere of the administration or government.

Democracy desires command and an enthusiasm to stick to a set of laws of self-control. We need the rule of law and a suitable agency to enforce it. Such an agency is furnished by the courts. Criminal law may be considered as the most effective weapon of social defence. A large number of politicians take aids of muscle power during elections either to coerce voters for securing their votes or to degrade the opponent contestants. The consequence is that the exploit of muscle power has become a habitual characteristic of the electoral procedure. The cerebral may complain about this practice, the newspapers may transmit lengthy critiques in condemnation of it, the public strong-willed human beings may depict it as a refusal of free and reasonable elections but the fact remains that the vice leaves and one cannot flee from unsympathetic actuality. The electoral process thus leads to close linkages between the anti-social constituents and the elected officials. The close linkages of anti-social elements with the local politicians operate as a frightening feature for the law enforcement agencies from ensuing and taking sturdy deed in opposition to them. According to newspaper reports about 100 elected members of the legislature during the last five years had illegal records. We can well visualize the panic of policemen while dealing with such facets. Incident also enlightens us that just the once an individual gets elected to a legislature the election secures for him not only some kind of amnesty from legal course of action for his precedent actions but also affords him implicit invulnerability from further proceedings against him for violation of criminal law.

It is no suspicion and accurate that this is not legally acceptable and the law does not tolerate such circumstances of concerns but systems are at all times found to thwart the law. Once the consciousness exists that it is complicated to secure the assurance of an accused in a court of law, the sufferer of the offence of their close relatives, look to extra-legal techniques to reconcile score with the offenders. Such a state of affairs means a collapse of criminal justice and it outcomes in a situation of the turmoil and lawlessness. The efficiency and influence of the administration of criminal justice can be guaranteed only if we can abolish or at least curtail political and other inappropriate hindrance in the analysis of offenses. Indian democracy must be saved from the eminence of criminals and all the wickedness that it implies. Under no circumstances should law be taken into one’s own hands. However in this respect the leaders of the country themselves are not liberated from charge, for they have been blameworthy of stirring the people to take alternative to aggression.
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