Question

“Sharing of power between the union government and the state governments is basic to the structure of the Indian Constitution.” Analyse the statement with suitable arguments.

Answer 1

• The claim that “sharing of power between the union government and the state governments is basic to the structure of the Indian Constitution” emphasises the country’s federal system of government. This constitutionally based power-sharing model guarantees a fair allocation of power, fostering unity while taking diversity into account.
• First, as stated in the Seventh Schedule, the Indian Constitution creates a federal system by dividing powers between the Union and state governments. Important national issues under central government authority, such as foreign policy, defence, and currency, are included in the Union List. The State List includes state-managed fields like public health, agriculture, and law enforcement. The Concurrent List promotes cooperation by enabling parties to enact laws on topics like marriage and education. By preventing each level of government from overstepping its bounds, this distinct boundary preserves the balance of power.
• Second, in order to ensure economic justice, the Constitution establishes institutions like as the Finance Commission to distribute financial resources between the Union and the States. Cooperative federalism is strengthened when states get grants and tax shares to meet regional needs. One example of cooperation is the implementation of the Goods and Services Tax (GST), where representatives from both the Union and the States make up the GST Council.
• Thirdly, the federal system is upheld by the judiciary, especially the Supreme Court, which arbitrates disputes between the Union and the States. Federalism is a fundamental aspect of the Constitution that cannot be changed, even by amendments, according to landmark decisions like State of West Bengal v. Union of India (1963).