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RSTV Big Picture: ISSUES RELATED TO FEDERAL STRUCTURE OF INDIAN POLITY

ISSUES RELATED TO FEDERAL STRUCTURE OF INDIAN POLITY

Why in news ?

Some of the opposition-ruled states like Kerala, Punjab, West Bengal and Chhattisgarh have claimed they will block implementation of the CAA in their states.

Details 

Defence minister Rajnath Singh said the threat by some states not to implement the Citizenship Amendment Act (CAA) is a challenge to India’s federal structure as the legislation has been passed by Parliament and is binding on all states after the presidential assent.

Nature of indian polity –  indian polity is federal in structure but inclined towards unitary.

Rights of states in implementation of legislation

If states do no implement the legislation passed by states, then it rises question about the authority of the union of india. Constitution has given powers to parliament to rule on the matter of citizenship. Non compliance by the states results in the violation of constitutional provisions.

Rights of states –  states can in some cases delay the implementation of the law, but can’t deny the law by itself.

  • In case of citizenship amendment act, states are the implementing authority. None of the states have publicly expressed the technical hindrance for the implementation.

Residuary powers and authority to amend the constitution decides if the state is truly federal or not. But in case of india, both are vested in the hands of central government. So, india is quasi federal. 1st article of indian constitution, says, India that is bharath is a union of states and not a federal of states.

Solution

The best way forward is to build consensus by bringing states to the table on all important issues, thus upholding the spirit of Federal Co-operation.

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August 2022
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