Previous Year Question
Which one of the following is not a feature of Indian federalism?
There is an independent judiciary in India.
Powers have been clearly divided between the Centre and the States.
The federating units have been given unequal representation in the Rajya Sabha.
It is the result of an agreement among the federating units.
Correct Answer: D
Detailed Solution
Indian federalism is not the result of an agreement among previously independent States or constituent units. The Constituent Assembly created the Indian Union as an integrated constitutional polity.
Article 1 describes India as a “Union of States.” Indian States do not possess a constitutional right to secede from the Union.
Option (a) is a feature of Indian federalism
An independent judiciary is essential in a federation because it:
Protects the supremacy of the Constitution.
Interprets the distribution of power between the Union and the States.
Decides Union-State and inter-State disputes.
Judicially reviews unconstitutional legislative and executive actions.
Article 131 gives the Supreme Court original jurisdiction in specified disputes between the Union and States or between States.
Option (b) is a feature of Indian federalism
The Constitution distributes legislative powers between the Union and the States.
Articles 245–246 concern the extent and distribution of legislative powers.
The Seventh Schedule contains the Union List, State List and Concurrent List.
Parliament ordinarily legislates on subjects in the Union List.
State Legislatures ordinarily legislate on subjects in the State List.
Both Parliament and State Legislatures may legislate on Concurrent List subjects.
Option (c) is a feature of Indian federalism
The States do not have equal representation in the Rajya Sabha. Under the Fourth Schedule, their representation varies broadly according to population.
Consequently, a populous State such as Uttar Pradesh has more seats than smaller States. This differs from the United States, where every State has equal representation in the Senate.
Option (d) is not a feature of Indian federalism
The Indian Union was not formed through an agreement among the States. Moreover:
A State has no right to secede from the Union.
Parliament may create new States under Article 3.
Parliament may alter the area, boundaries or name of a State.
The views of the concerned State Legislature must be sought, but its consent is not binding upon Parliament.
Principal features of Indian federalism
Dual government at the Union and State levels.
A written and supreme Constitution.
Constitutional distribution of powers between the Union and the States.
An independent judiciary.
A bicameral Union Legislature.
Ratification by at least half of the States for amendments affecting specified federal provisions.
Representation of States in the Rajya Sabha.