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Q28 (NDA-I/2010) Polity & Governance › Federalism & Emergency Provisions › Indian federalism features Answer Verified

Which of the following statements is/are not violative of the principle of federalism? 1. The President of India takes over administration of provinces under the emergency provisions. 2. The Parliament of India has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List. 3. The distributi on of powers between the Union and Provinces in done through three different lists enumerated in the constitution of India. Select the correct answer using the code given below : Code :

Result
Your answer: —  Â·  Correct: C
Explanation

The principle of federalism in India is fundamentally characterized by the constitutional division of powers between the Union and the States [c1, t5]. Statement 3 is not violative of federalism because the distribution of powers through the Union, State, and Concurrent lists (Seventh Schedule) is the essence of a federal structure, ensuring both levels of government operate within their allotted spheres [t3, t8]. Conversely, Statement 1 describes the President taking over state administration under Article 356, which is a 'unitary' or 'extraordinary' feature that overrides the federal division of power [t1, t2]. Statement 2 refers to residuary powers under Article 248, which vests exclusive legislative authority in the Union for matters not in the State or Concurrent lists [t5, t9]. While constitutional, both Statements 1 and 2 represent the 'strong center' or unitary tilt of the Indian Constitution rather than the core federal principle of divided sovereignty.

Sources

  1. [1] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 23: Parliament > II Federal System of Government > p. 264
  2. [2] https://eacpm.gov.in/wp-content/uploads/2023/03/Enumeration-of-Legislative-Powers-in-India-1.pdf
  3. [3] https://legalaffairs.gov.in/sites/default/files/Article%20356%20of%20the%20Constitution.pdf
  4. [4] https://ili.ac.in/pdf/akd.pdf
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