Indian Constitutional Law
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Transcript of Indian Constitutional Law
COLLEGE: V. N. PATIL LAW COLLEGE
S U B J E C T: I N D I A N C O N S T I T U T I O N A L L AWT O P I C : F E D E R A L I S M
PRESENTED BY
VISHAL V. UDHAN
LLM 1ST YEAR
CRIMINOLOGY
OBJECTIVES
INTRODUCTION
DEFINITIONS
MERITS OF FDERAL GOVERNMENT
DEMERITS OF FEDERAL GOVERNMENT
COOPERATIVE FEDERALISM
THE EMERGENCY PROVISIONS
INTRODUCTIONThe term federal is derived from the
Latin word “Foedus” which means
treaty or agrrement. In case the
federal constitutions there is a
agreement, namely, written
constitutions, which defines and
determines the power of the two sets of
government, national and regional. A
federal government is a dual
government.
DEFINITION
Montesquieu:According to him, “A constitution by which several similar states agree to become members of a large one is a federal government
ESSENT IAL FEAT URES O F FED ERAL CON STIT UTION
1.Distribution of powers: In a federal government
powers are divided and distributed between the Centre and the
states.
2.A written constitution: since there is division
between central and state governments, a federation has a
written constitution.
3.Supremacy of the constitution: supremacy of the
constitution means that the constitution should be binding on
the central and state governments.
CONT..
4.Rigid constitution: It is because the federal
constitutions should not be amended, altered or even
revoked by the national government or the regional
governments at their sweet will.
5.Authority of courts: judiciary is the “watch
dog of the constitution” or “guardian of the
constitution”
MERITS OF THE FEDERAL GOVERNMENT
It is based on the principle of decentralization of the powers.
As the powers are divided between the Centre and the states, neither of two governments can be despotic.
There is greater efficiency in administration in a federal set of government. Government functions can be discharged by he servants of the both government thus work can be shared by the both because of which central government is relieved of the burden of heavy administration.
It considered as essential for democratic legal system.
DEMERITS OF THE FEDERAL GOVERNMENT
Federal government is treated as weak government as it
is based on division of powers between the Centre and the
states neither the Centre nor the state enjoys full power of
legislation and administration.
In federal government there is no uniformity of law as
well as administration.
Federal government does not change according to change
of time as the constitution is rigid and is difficult to amend.
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