indian polity 7 replacement of 6

 SECOND CHAPTER

I. Special Features of the Indian Federation:

*   Governments can be classified as Unitary and federal based on the centralization & distribution of administrative powers in a country.
*   "The government can be called a unitary government if the legislative powers related to the administration of a country are exercised by a single central legislature" - A.V. Dicey.
*   France, Britain, Israel, China, Japan follow a unitary system
*   "The distribution of powers of administration of country between the center and state governments by constitution and have authority of working independently in their own limit is known as Federal Government" - A.V. Dicey
*   "The political instrument that balances the rights of the states and national unity is the federation" - A.V. Dicey.
*   Countries such as America, Russia, Switzerland, Canada, Australia, Nigeria, Argentina, and India have federal features.
*   India have mixed features of unitary and federalism. So india is called as mixed form of both.
*   Federal features of Indian Constitution
*   India may be a weak federation with strong centralized tendencies.
*   "India is federal under normal circumstances and unitary under emergency conditions. It behaves as a unitary government" - Dr. B.R. Ambedkar
*   "India is a semi-federation" - K.C. Wheare
*   Granville Austin described the Indian Constitution (country) as a cooperative federation - Granville Austin & D.N. Banerjee
*   As there are many centralized features in the Indian constitution, it is described as a Bargaining Federation - Morris Jones
*   India is not a federation by principle. It is not formed by agreement. So states don't have right to separate from the union -K.C Wheare.

*   Indian constitution consist strong unitary features and weak federal features. But not viceversa. - K.C. Wheare.
*   Though India is a federal government in terms of theory, India is following unitary system in practical. - K. Santhanam
*   India is following an original federal system. - Alexandrowicz
*   Paul H. Appleby, who has done a lot of research on Indian governance, said, "Public Administration in India" is the most important in the world, describing it as a federation and saying, "This federation was formed with the wisdom of the constitution makers".
*   Distribution of powers
*   The 7th Schedule of the Indian Constitution contains lists related to the distribution of powers between the Central and State Governments.
*   (a) The Central List included 97 items of national and international importance, currently there are 99 items.
*   (b) 66 items of regional importance were included in the State List, but currently only 61 items remain.
*   (c) 47 items of regional importance and national importance were included in the Concurrent List, currently there are 52 items.
*   The items not included in the three lists are called residuary powers and the Central Government has powers over them.
*   The distribution of powers, which is the main feature of the federal government, is enshrined in the Indian Constitution.
*   Written constitution
*   As the transfer of power between the Central and State Governments is done by the Constitution, our Constitution is written.
*   The scope of the central government's power is determined in Article 73 and the scope of the state governments' power in Article 162.
*   Rigid Constitution
*   If changes are to be made in the administration in accordance with the changing conditions of the country, the Constitution should also be amended.
*   When amending the federal features in our constitution, as in America
*   In addition to the special resolution of the 'Central Parliament', the approval of the states should also be obtained.

*   In this regard, our Constitution has a rigid nature.
*   Independent Judiciary:
*   The Supreme Court resolves disputes between the Center and the States and between the States, when they arise, according to Article 131.
*   Supreme court will give judgements without any influence of central and state governments.
*   Supremacy of the Constitution
*   Center and state governments were formed by constitution, excersing powers by constitution. So they are working under the limits of constitutions.
*   In our country, individuals, institutions, governments and the judiciary as a whole must act within the scope of the Constitution.
*   Two levels of Governments
*   There are two levels of government to formulate and administer policies on matters of national and international importance. Central Government for National importance, State Governments for regional importance.
*   Role of States in Constitutional Amendments
*   When amending the federal letters in the Indian Constitution, Parliament must pass it with a two-thirds majority and also get the approval of half of the states in the country.
*   This method for constitutional amendments was adopted from America.
*   Representation of States in Parliament:
*   The Rajya Sabha (Upper House) of the Indian Parliament represents the States.
*   The Rajya Sabha works to protect the rights of the states in the matter of laws made by the Parliament and also in the matter of constitutional amendments.
*   Features that are not in the Indian Constitution [which are followed in true federation(America)]
    1.  Dual Citizenship - Federal and state citizenship
    2.  Two Constitutions
    3.  Different judiciaries for center and states. Federal Supreme Court and State High Courts

*   G.N. Joshi, a constitutional analyst, said that the Indian Constitution is not at all federal and that our Constitution has more unitary features.
*   Justice K. P. Mukherjee said that there is no possibility to describe the Indian Constitution as federal. Because the supremacy of the central government weakened the federation.
*   (2) Single Citizenship.
*   (3) Unified Judiciary
*   (4) Same Constitution
*   (5) Strong Central Government: In a true federation, there are strong states and weak central governments.
*   (6) Supremacy of the Central Government: Article 365 - States must follow the administrative orders issued by the Centre. Otherwise, the Center has the power to take action against the state governments.
*   (7) Article 249 - If the Rajya Sabha approves a special resolution, the Center has the power to legislate on any item mentioned in the State List.
*   (8) Emergency powers in Part 18 illustrate the unitary features. Article 352 - During the period of National Emergency, Article 356- Imposing presidents rule, Article 360- Financial Emergency, Central government can rule center and state administrations
*   (9) Governor System:
    *   Governor - Head of the State by the Constitution.
    *   State administration is carried out in the name of the Governor.
    *   The Center has the power to appoint, transfer and dismiss the Governors.
*   (9) Centralized nature of Constitutional amendment
    *   Most of the matters in the Constitution are amended by Parliament by a simple majority or a two-thirds majority.
    *   The approval of the states is required only in certain amendments that reveal the characteristics of the federation.
*   (10) Reorganization of States
    *   The power to reorganize the states rests with the Parliament.
    *   The Center can take its own decisions without regard to the views of the respective states during the reorganization of the states.
11) Unequal Representation in Rajya Sabha.
    *  "All the states have equal representation in the 'Senate', the upper house of America.
    * In our Rajya Sabha, the largest state UP has 31 seats, while the remaining '4' North Eastern states except Assam and Goa have only one seat each.

(12) Constitutional Bodies.

(a) All India Services Officers - IAS, IPS, IFSO are appointed, dismissed by central government. UPSC chairman and other members are appointed by central government.

(b) Comptroller & Auditor General [CAG] - Audits central government accounts and also state government expences.

    * Article 148: CAG is appointed by the President i.e. the Center.

(c) Central Finance Commission distributes the revenue between the Central and State Governments. It is appointed by central government

(d) Central Election Commission - Apart from conducting elections to the Parliament, the Center also appoints the CEC which conducts general elections to the States.

(e) Inter-State Council - 'Inter-State Council' is formed by the central government to resolve disputes between states.

(13) Extra-Constitutional Bodies.

(a) Planning Commission - The National Planning Commission formulates "national plans" for socio-economic development in our country, along with state plans.

    * Its chairman is the Prime Minister. States do not have representation.

(b) National Development Council (NDC) - Approves the draft plan prepared by the Planning Commission. NDC is also headed by Prime Minister. It consist states representations, but it only act as advisory body to Planning Commission.

** In 1994, the Supreme Court, while delivering its judgment in the S.R. Bommai case, stated that the federal system followed by our country is an integral part of the basic structure of the Indian Constitution, and therefore, the Center should not take any steps contrary to it, and linked the word 'federation' to our Constitution.

Legislative relations:

*   The 7th Schedule mentions the distribution of powers between the Center and the States.
*   (A) Central List - When the Constitution came into force, there were -97 items in this list.
    *   But the current items-99.
*   In 1956, through the 7th Constitutional Amendment, the item of production and distribution of goods for public interest was removed from this list.
*   In Article 92 of the Central List, the Central Government imposes taxes on inter-state trade and commerce through Article 92 (1), Consignment Tax
    *   through 92(8), and Article 92(C) for taxes on services were added to the Constitution.
*   Important topics in this list:
    *   - Defense, Foreign Affairs, Currency;
    *   - Banking, Airlines;
    *   - Shipping,
    *   - Post Offices, Telephones;
    *   - Citizenship.
    *   - Supreme Court, High Court;
    *   - Estate duties other than agriculture.
*   The Parliament has the authority to make laws on the matters in this list.
*   (b) State List - 66 items of regional importance are included.
*   * In 1976, during the Indira Gandhi government, 5 items were removed from this list by the 42nd Constitutional Amendment, so the current items are - 61.
*   * Key points:
    *   -Agriculture, Irrigation, Land;
    *   - Road, Transport;
    *   - Law and order;
    *   -Local self-government;
*   -Entertainment
*  - State excise etc

*   The state governments have the power to make laws on the items in this list.

*   Under certain special circumstances, the Central Government also has the power to make laws on the items mentioned in this list, as stated in Articles 249, 250 and 252.
*   (C) Concurrent List: - It is a list that gives concurrent power to the Central and State Governments. There were 47 items at the time of implementation of the Constitution, but currently there are 52 items.
    *   >In 1976, 5 items were added to this list by the 42nd Constitutional Amendment.
    *   + 42nd Constitutional Amendment added items:
        *   ~ Education'
        *   - Forests;
        *   - Weights and Measures'
        *   - Judicial Affairs;
        *   - Population control;
    *   + Other items: Trustees, Marriage, Divorce, Inheritance, Newspapers,
        *   Labor Affairs, Socio-Economic Planning, Social
        *   Economic Welfare, Civil Procedure Code, Criminal Procedure Code
        *   etc. items are included.
*   Both levels of government have the power to make laws on the items in this list:
*   * The concept of 'concurrent list' was taken by our country from Australia.
*   * M.V. Pylee described the Concurrent List as the "Twilight Zone".
*   (D) Residuary Powers - The items that are not in the above mentioned three lists and the items that come up newly are "residuary items".
    *   → The Central Government has the power to make laws on residual matters.
    *   → The matter of giving power to the Center on residual matters was taken from Canada.
*   * America, which follows true federalism, has these powers with the states.
*   * Parliament has to pass a resolution with a two-thirds majority to make any changes or amendments in the above-mentioned lists. Apart from that, half of the states in the country also have to approve.
*   * Part 11 of the Indian Constitution explains the legislative relations between the Center and the States.

*   245th Article:-
    *   > It explains the scope of the legislative powers of the Central and State Governments.
*   246th Article:-
    *   > The legislative jurisdiction of the State Government extends only to the territory of the State. whereas
        *   The scope of the laws made by the Central Government extends not only to the territory of our country but also to the extra-territorial areas of India.
    *   Ex: In the case of Wadia Vs Bombay State, the S.C. ruled that the income tax laws made by the Government of India apply to companies that have branches in foreign countries.
*   Article 248:- The Parliament has the power to make laws on the residuary subjects.
    *   Ex: Gift Tax & Wealth Tax and etc.
*   It is the Supreme Court that decides whether this item falls under the residuary powers or not.
*   Article 249:- > If the Rajya Sabha declares that any item mentioned in the State List has national importance, it will pass a resolution with a two-thirds majority.
    *   If it is approved, the power to legislate on that item is transferred from the State to the Centre.
    *   > The law made by the Parliament in accordance with the resolution of the Rajya Sabha shall remain in force for a period of one year.
    *   > Another resolution should be passed if it is to be extended even after one year.
        *   That way it can be extended indefinitely.
*   Article 250:- During the period of proclamation of National Emergency, the Central Government
    *   Laws can also be made on items in the State List.
*   Article 251:- State Governments are against the laws of the Centre
    *   249, 250 means that the states cannot make laws contrary to the laws made by the Center.
*   Article 252:- Two or more states may request the Center to make laws on any particular item mentioned in the State List.
    *   > In accordance with the request of the states, the Center makes laws on the items in the State List.
        *   Ex: Urban Land Ceiling Acts, Wildlife Protection
            *   Act (1972).
*   Article 253:- The laws made by the Indian Parliament in the context of implementing the agreements entered into by the Government of India with foreign countries should be followed by states.
*   Article 254:- If the Center & the States make mutually contradictory laws on any item in the Concurrent List, the law of the Center shall prevail.
*   Administrative relations
*   Article 201:- The Bills passed by the State Legislature are sent by the Governor of that State to the Center for the consideration of the President.
    *   > Only with the approval of the President, the Bill can become law.
*   Article 31(A):- Bills for nationalization of properties with the States must have prior approval of the President before being introduced in the State Legislative Assembly.
*   Article 356:- The Parliament makes the necessary laws for the administration in the states where the President's rule is imposed.
*   Administrative Relations:
    *   >> Although the Central and State Governments exercise their executive powers within their respective jurisdictions, in some cases there may also be cooperative relations between the Center and the States.
*   Article 256:- States should carry out their administration in accordance with the laws of Parliament
    *   The administration of the Central Government should not be conducted contrary to it.
*   Article 257:- The orders of the Central Government regarding the protection of national assets should be followed by states.
*   Article 258:- The Center should follow the instructions of the construction of railways, telephone exchanges etc.
*   But the center should bear the costs of construction.
*   Article 259:- Central Armed Forces can be deployed in the States for maintenance of law and order in the States.
*   Article 262:- Power to Central Government to form tribunals for Interstate River water distribution and dispute resolution.
*   Article 263:- The Central Government forms an 'Inter-State Council' to coordinate between the Center and the States and between the States.
*   Article 339:- States should follow the orders of central government for the welfare of SC and ST in the states.
*   Article 355:- The responsibility of protecting the states also lies with the Centre.
    *   Ex: Mamata Banerjee demanded the intervention of the Center through this article in the incidents of Nandigram and Singur violence in West Bengal.
*   Article 356:- When the President's rule is imposed in a state, the central government will take over the governance.
*   Article 365) :- If the States do not follow the administrative orders issued by the Central Government to the States, the Central government can take action on state governments.
*   E.M.S. in Kerala. Dismissal of Namboodiripad government.
*   Article 155:- The Central Government appoints Governors, who play a key role in the administration of the states.
*   Article 312:- Central Government can create new All India Services.
*   Article 315:- The Center constitutes a Joint Public Service Commission.
*   Financial Relations between Center and States:
    *   Part 13 of the Constitution deals with the financial relations between the Center and the States.
    *   The Central Government derives revenue by levying taxes on 15 items in the Central List.
    *Ex: Corporate Tax, foreign export and import duties, central excise, cess on property tax, and Estate duties on lands other than agriculture.*
    *   * The main source of revenue of the Central Government - Corporate Tax.
*   > State Governments derive revenue by levying taxes on 20 items in the State List.
    *   Ex: Land revenue, water cess, road transport, state excise, entertainment, sales tax etc.
*   * The main source of revenue of the state governments. - Sales Tax
*   Gift Tax, income from residual items like tax on wealth belongs to the Center.
*   * Article 265: In our country, taxes should be levied and collected only legally.
*   * Article 266 Consolidated Fund of India. All the revenue received by the Central Government through various means is credited to this.
    *   All the expenses incurred by the Central Government for various purposes are paid from this fund.
    *   →The Parliament has control over this fund.
*   • 266(1) Consolidated fund of States
    *   + All the revenue of the state governments is credited to this fund.
    *   All the expenses incurred by the State Government are paid from this fund.
    *   + State legislatures have power over this fund.
*   • Article 267 - Contingency Fund of India
    *   →This fund is created to meet emergencies. This is used when national disasters occur.
    *   The President of India has control over this fund.
*   • 267(1) State Contingency Fund
    *   →) This is used to meet emergencies in the state.
    *   → The State Governor has control over this fund.
*   Article 268>> Some taxes are levied by the Central Government but collected and used by the States. Ex: Stamp duties, toiletries, medicines, policy transfers.
*   Article 269 > Some taxes are levied and collected by the Center. But these are allocated to the states, Ex, Terminal Taxes, air travel, shipping, railways.
*   Article 270> Taxes are levied and collected by the Central Government, but distributed between the Center and the States, Ex: Income Tax.
*   Article 273 Assam, Bengal, Orissa, Bihar States that export jute products - The Center provides special assistance funds.
*   Article 275 >> The Central Government provides grants-in-aid to the States for their development to meet their fiscal deficits.
*   Article 280 >> The President (Central Government) appoints the Central Finance Commission which distributes the revenue between the Central and State Governments.
*   Article 285 Exemption from levying taxes on Central Government properties in the States.
*   Article 287>> "Electricity used for railways is also tax exempt.
*   892 Article)» State Governments should keep consolidated fund as guarantee for taking loans from foreign
*   * State Governments should keep consolidated fund of India(Article 293) as guarantee for taking loans from foreign.
*   Article 302>> Parliament alone makes the free trade laws in our country.
*   Article 304> Intra-state trade laws are made by the Centre.
*   Article 307 >> The Center should set up a National Trade and Commerce Board in our country.
*   • States must have the permission of the Center to get overdraft from RBI.
*   • The Center has the power to print currency to cover its fiscal deficit. But the states do not have this opportunity.
*   Article 360>> When financial emergency is imposed in our country, the state should follow all the financial orders issued by the Centre.
*   • 2000 AD 80th Constitutional Amendment - 71% of the revenue sources of the Central Government were allocated to the Center and 21 percent to the States.
*   * This amendment was made in accordance with the recommendations of the 10th Finance Commission.
*   Disputes between Center and States - Reasons :
    *   Until 1967, the same political party Congress was in power at the Center and in the States.
    *   In the 4th general elections of 1967, non-Congress opposition parties, mainly regional parties, came to power in 8 states.
*   > Congress at the Center and opposition parties in the states, states started demanding more powers from the center.
*   Centralization of Powers: ~~~
    *   In countries that follow true federation, states have been given more powers and limited powers to the center, but in our country, more to the center and less powers to the states.
*   Political reasons;-
    *   • When a party or coalition is in power at the Centre, other parties are in power in the states
        *   Political differences also affected center-state relations.
*   > Economic Reasons: -
    *   • The revenue sources of the Center are high and the responsibilities and duties to be fulfilled by the states are high.
*   Constitutional experts criticize states situation as "glorified municipalities".
*   * States depend on central for their administrative duties. So K.Santhanam criticized states situation as glorified municipalities.
*   -> Governor System: Governors act as constitutional heads in the states of India. The entire administration of the states is carried out in the name of the Governor.
    *   Governors are appointed by the President and dismissed by the President. The Center transfers them. Therefore Governors are accountable to the President.
    *   Governors, who play a key role in the governance of the states, do not have to be accountable to anyone in the state, but through the Governor, the central government exerts dominance over the states.
    *   People who are favorable to the Central Government or belonging to the ruling party at the Center are appointed as Governors to the states where the opposition parties are in power.
*   > 356 Article;-
    *   • When the constitutional machinery fails in the states, the Center imposes President's rule in that state by using this article.
    *   6.  The ruling parties at the Center often misuse this article by dismissing state governments.
    *   • In 2002. In the report of the Constitutional Review Commission, it was mentioned that this article has been misused more than 100 times in our country.
*   • Autonomy for States:-
    *   • In order to implement true federalism in India, the states are demanding that they should be given autonomy without the interference of the center in the powers given to the states.
    *   • In 2000, the J&K Legislative Assembly demanded that the state should be given not only special status but also full autonomy.
*   » Regional Parties:..........
    *   • Even regional parties are influencing national politics in our country.
    *   • Regional parties are thinking narrowly for regional interests, ignoring national interests.
*   >> Frequent interference by the Center:-
    *   • Frequent interference by the ruling governments at the Center in the administrative affairs of the state governments is violating the rights and powers of the states.
Administrative Reforms Commission [ARC] - 1967:
*   In 1967, the Administrative Reforms Commission was formed under the leadership of M.C. Setalvad to make appropriate recommendations for resolving disputes between the Center and the States.
    *   Study Team was formed.
*   The 'Setalvad Committee' appointed by Indira Gandhi submitted its report in 1969.
*   Important points:
    *   1) There is no need to amend the Constitution to give more powers to the states.
    *   2) The Central Government should take strict measures not to interfere in the affairs of the State Governments.
    *   3) A special screening committee headed by the Prime Minister should be formed to suggest the names of the persons to be appointed as Governors.
    *   4» Only non-controversial persons should be appointed as Governors.
    *   5) Article 263 - Inter-State Council should be formed. One member from each Zonal Council should be given representation in this Council.
    *   6) The distribution of income between the Center and the States should be done only in accordance with the recommendations of the Central Finance Commission.
*   > Article 275 - The grants-in-aid provided by the Central Government to the States should be used only for the establishment of productive industries.
*   8) Article 356 should not be misused.
*   9)). When a State Government loses its majority in the Legislative Assembly.. that matter
    *   It should be proved only in the Legislative Assembly.
*   Rajamannar Committee Recommendations:
    *   Dissatisfied with the recommendations of the Seethalawad Committee, the DMK Government in Madras, Tamil Nadu in 1970 appointed justice P.V. Rajamannar, retired chief justice.
    *   >> Rajamannar Committee studied the Center-State relations and made some recommendations for resolving the problems.

*   >> The items in the Concurrent List should be redistributed to give more powers to the States. The Constitution should be amended for this.
*   > In the matter of powers to levy taxes, the States should be given more priority in order to provide more financial resources to the States.
*   Corporate Tax & The States should also be given a share in the duties levied on foreign exports and imports.
*   The State Governments should be invariably consulted while appointing the Governors.
*   >> Articles 356, 357, 257 should be removed from the Constitution.
*   > S.C alone should resolve disputes between center and states.
*   » All the States should be given equal representation in the Rajya Sabha.
*   >> The system of appointment of 12 members by the President to the Rajya Sabha should be abolished.
*   >> The central government should provide representation to all the states.
*   > When amending the Constitution, the Parliament should amend it with a two-thirds majority. Apart from that, the role of the states in constitutional amendments should be increased.
*   >> All India Services like IAS, IPS, IFS should be abolished immediately.
*   » An Inter-State Council should be formed with the Prime Minister as the Chairman and representation of all the States.
*   >> When forming a government in a state, and removing a government from power, it should be decided only in accordance with the opinion of the Legislative Assembly.
*   Sarkaria Commission :
    *   In 1983, Chief Ministers of various opposition-ruled states, including Andhra Pradesh and Karnataka, demanded that more powers be given to the states.
        *   Indira Gandhi government formed Sarkaria commission under Justice Ranjit Singh Sarkaria.
*   Members of the Commission: D. Sivaraman, Srinivasan
*   In late 1987 - The Sarkaria Commission submitted its report to Mr. Rajiv Gandhi's government, making several recommendations on 247 items.
    *   :
*   => This report was published in January 1988.
*   Out of a total of 247 recommendations, 179 items have been implemented so far.
*   Important points;
    *   << The Center should invariably consult the respective State Governments while appointing Governors.
    *   << A screening committee headed by the Prime Minister should be formed to suggest the names of Governors.
    *   « People who are prominent in any field and only non-controversial persons should be appointed as Governors.
    *   << People involved in active politics should not be appointed as Governors.
    *   << Persons belonging to the ruling party at the Center should not be appointed as Governors to the States where other parties are in power.
    *   < A code of conduct should be established for Governors.
    *   <'National Development Council' should be renamed as 'National Economic Development Council' and immediately set up an Inter-State Council with the Prime Minister as Chairman and Chief Ministers of all States as members.
    *   << All India Services like IAS, IPS should be expanded. i.e. Indian Education
        *   Services, Indian Engineering service, Inding Health & Medicine
        *   service should be established.
    *   « India should strictly implement the three-language formula in all the states.
    *   << Necessary steps should be taken to provide more financial resources to the states.
        *   States should be given a share in Corporate Tax, cess on income tax.
    *   < Central Armed Forces can be sent even if the respective states do not request when law and order deteriorates.
    *   * The opinion of the state governments on mines should be taken into consideration.
    *   << Prasar Bharati should be given independence and autonomy.
    *   << As part of democratic decentralization, due importance should be given to local self-governing bodies.
    *   < Article 356 should be used as a last resort in rare circumstances.
    *   << The President's rule should not be imposed without the Governor's report.
    *   " The State Legislative Assembly should be dissolved only after the Parliament approves the proclamation made by the President under Article 356.

Constitution Review Commission [2000]:

    * NDA Government formed a commission of 11 members headed by Justice M.N. Venkatachalaiah to review the working of the Constitution for the past 50 years. The commission also recommended changes to be made in the center-state relations in the country.
* The Central and State Governments of India should work together and individually to establish a cooperative federal system.
* Only distinguished persons and non-controversial persons should be appointed as Governors.
* The Constitution should be amended to ensure that the Central Government invariably consults the State Government while appointing Governors.
* A screening committee headed by the Prime Minister should be formed to recommend Governors.
* The Governors should take a decision within 6 months on the bills passed by the State Legislative Assembly.
* A tribunal consisting of three S.C. judges on inter-state river waters should be formed to decide the disputes.
    * It should be ensured that the judgments given by the Tribunal are implemented within 2 months. - Center should take actions on the states.
* The President's rule should not be imposed without the Governor's report.
*The State Legislative Assembly should be dissolved only after the Parliament approves the proclamation of President's rule.

Madan Mohan Punchhi Commission:

* In 2004, the UPA government announced that it would set up a special commission to study the center-state relations.
* In 2007, in accordance with the 2005 UPA resolution, a commission of 5 members headed by Justice Madan Mohan Punchi was formed.
* The term of this commission is 2 yrs. However, the center has the power to extend it.
* Apart from studying the implementation of the recommendations of the Sarkaria Commission
    * In the context of the economic reforms introduced in India since 1991, the changes to be brought between the Center and the States will be recommended by the Commission.
Anandpur Sahib Resolution:
*In 1973 Punjab Akali dal party passed this resolution.*
*Some resolution were made on Punjab, some resolution were made on sikh religion. It also passed some resolution on Indian Federalism and Center-State relations*
*India should form a US-Style federation*
*All the powers to be given to states, except some powers which are important for the nation*
*The power distribution mentioned in the constitution should be revised and constitution should be amended for giving more powers to states.*
*Chandigarh should be handed over to Punjab*
West Bengal Left Party government resolution:
*In 1977, when Left party formed government in west Bengal, it passed resolution under the leadership of Jyothi Basu.*
*Strong states should be formed*
*For forming a true federation, more powers should be given to states*
*Useless governor system should be abolished immediately*
*Articles 356,355 and 365 should be abolished*
*As states have high responsibilities, high finance should be given to states*
Central Government
*   India: Adopts 'Parliamentary form' of government.
*   > This system was taken from Britain.
*   » There are two heads of state in a parliamentary government.
    *   (a) Head of State: Nominal Officer.
        *   6 British Queen, President of India.
    *   (b) Head of Government: Real Officer, plays a key role in running the affairs of the country.
*   "Part 7 of the Constitution deals with the Central Government.
*   President:
    *   > The President of India is the first citizen of the country.
    *   > Head of the Indian Constitution.
    *   * Commander-in-Chief of India.
*   Article 52 >> India should have President.
*   Article 53> The entire administration of India shall be carried out in the name of the President
    *   * The President may administer the country either by himself or with the help of other officers
    *   * The system of administering the country in the name of the President was taken from America.
    *   * The President of India acts as the Commander-in-Chief.
*   Article 54 >> India is a republic, so the President is elected by the 'Electoral College'.
*   * Members of Electoral College:
    *   (A) Elected members of Rajya Sabha-233
    *   (b) Elected members of Lok Sabha - 543
    *   C) Elected members of state Legislative Assemblies.
    *   & Elected members of Delhi and Pondicherry Legislative Assemblies - 4120

*   » Through the 70th Constitutional Amendment in 1992, members of the Delhi and Puducherry Legislative Assemblies were also given the opportunity to vote in the Presidential election.

*   > Those who do *not* have the right to vote in the Presidential election:
    *   (a) Members *nominated* by the President to the Rajya Sabha.
    *   (b) Members *nominated* to the Lok Sabha  (''                      ''                      '' - This is repetition, indicating the same concept applies).
    *   (c) Members nominated by the Governors to the Legislative Assemblies (Vidhana Sabhalaku).
    *   (d) Members of Legislative Councils (Vidhana Parishatlu) in the 6 states (where they exist).

*   » Changes and additions to the 'Electoral College' can only be done through a constitutional amendment by Parliament.

*   Article 55: Method of electing the President

*   >> The President of India is elected by the members of the 'Electoral College' using the 'system of proportional representation by means of the single transferable vote'.

*   " India adopted this method of Presidential election from Ireland.

*   > Key features of the system of proportional representation:
    *   (a) Members vote according to their *preference*.
    *   (b) Votes of the members are assigned a *value*.
    *   (c) The winning candidate must obtain a 'quota' of votes (more than 50% of the valid votes).
    *   Vote Transfer System:-
        *  • In the Presidential election, the votes of MLAs and MPs are assigned a value as follows:
        * Value of an MLA's Vote = (State Population / Number of Elected MLAs in that State) x (1/1000)

        * • States with the highest MLA vote value:
            * UP - 208
            * Tamil Nadu - 176
            * Maharashtra - 175

        * • States with the lowest MLA vote value:
            * Sikkim - 7
            * Arunachal Pradesh - 8
            * Goa - 9 (The "P" was likely a typo as suspected before.  Goa is a small state.)

        * AP MLA Vote Value = 148

*   The 1971 census data is used as the basis for calculating the value of MLA votes and, as was mentioned before, for the constituency delimitation.