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How is sharing of power between the Union and the State Governments basic to the structureof the Constitution of India?

Question

How is sharing of power between the Union and the State Governments basic to the structure of the Constitution of India?

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Solution

The sharing of power between the Union and the State Governments is basic to the structure of the Constitution of India due to the following reasons:

  1. Federal Structure: The Constitution of India establishes a federal structure of the government, although it is described as 'Union of States'. The essence of a federation is that it is a union of states and the power is divided between the center and the states.

  2. Division of Powers: The Constitution clearly demarcates the powers and functions of the Union and the State Governments in its three lists - Union List, State List, and Concurrent List. The Union List includes subjects on which only the central government can make laws, the State List includes subjects on which only the state government can make laws, and the Concurrent List includes subjects on which both can make laws.

  3. Supremacy of the Constitution: The Constitution is the supreme law of the land. Both the Union and the State Governments are bound by its provisions and must exercise their powers within the limits set by it.

  4. Authority of Courts: The courts have the authority to interpret the Constitution and the powers of different levels of government. The High Courts and the Supreme Court have the power to maintain the federal balance by adjudicating disputes between the Union and the States.

  5. Bicameralism: Another key feature of the federal character of the Constitution is bicameralism. Parliament consists of two Houses, the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The Rajya Sabha represents the states of the Indian federation, while the Lok Sabha represents the people of India as a whole.

  6. Independent Judiciary: The Constitution of India establishes an independent judiciary that acts as the guardian of the Constitution and ensures that both the Union and the State Governments work within the limits of the law.

In conclusion, the sharing of power between the Union and the State Governments is a fundamental aspect of the Constitution of India, ensuring a balance of power and maintaining the federal structure of the government.

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