Which of the following statements in respect of the nature of the federal system in India is/are correct? 1. Since the States had an independent existence prior to the formation of the Federation, the Constitution of India provided for safeguards for protecting 'State rights', similar to the Constitution of the United States. 2. The residuary powers are reserved with the States under the Constitution of the United States, but these are with the Union under the Constitution of India. 3. The Constitution of India has followed the Irish Constitution in vesting the residuary powers. Select the answer using the code given below.
2 only
Statement 1: Unlike the American states, which were independent political entities that came together to form a federation and therefore demanded strong safeguards for 'State rights', the Indian Union was created by dividing a single existing entity into constituent units, so no comparable independent pre-existence or matching safeguards were built in. This statement is incorrect.
Statement 2: In the United States Constitution, powers not enumerated for the Union are reserved with the states, whereas in the Indian Constitution the residuary powers under Article 248 and Entry 97 of the Union List are vested with the Union Parliament. This statement is correct.
Statement 3: India's scheme of residuary powers follows the Canadian Constitution, which vests residuary power in the Centre, not the Irish Constitution, whose influence in the Indian Constitution is instead visible in the Directive Principles of State Policy. This statement is incorrect.
Hence, statement 2 only is correct.
Important Questions from Federal System
- The system of federalism in India divides power between:
- What is the implication of Article 239AA in the context of the National Capital Territory of Delhi?
- Which one of the following is not a feature of Indian federalism?
- Which of the following is/are correct regarding the office of Governor in India ?
1. One Governor can act as Governor of more than one State
2. The Governor has the power to grant pardons, reprieves, remission of punishment to persons convicted under the State Law
3. The Governor is appointed by the President on the recommendation of the Chief Minister of the respective State
Select the correct answer using the code given below : - Which of the following statements regarding the residuary powers under the Constitution of India is/are correct?
1. Residuary powers have been given to the Union Parliament
2. In the matter of residuary power, the Constitution of India follows the Constitution of Australia
3. Schedule 7 of the Constitution of India provides a list of residuary powers
4. The Government of India Act 1935 placed residuary powers in the hands of the Governor General
Select the correct answer using the code given below :
