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CENTER-STATE RELATIONS IN INDIA UNIT-I-Federalism

Confederation: A confederation, in modern political terms, is a permanent union of political units for common action in relation to other units.[1] Usually created by treaty but often later adopting a common constitution, confederations tend to be established for dealing with critical issues (such as defense, foreign affairs, or a common currency), with the central government being required to provide support for all members. The nature of the relationship among the states constituting a confederation varies considerably. Likewise, the relationship between the member states, the central government, and the distribution of powers among them is highly variable. Some looser confederations are similar to intergovernmental organizations, while tighter confederations may resemble federations. In a non-political context, confederation is used to describe a type of organization which consolidates authority from other autonomous (or semi-autonomous) bodies. 'Federal government of the United States:' The government of the United States of America is the federal government of the constitutional republic of fifty states that constitute the United States of America, as well as one capitol district, and several other territories. The federal government is composed of three distinct branches: legislative, executive and judicial, which powers are vested by the U.S. Constitution in the Congress, the President, and the federal courts, including the Supreme Court, respectively; the powers and duties of these branches are further defined by acts of Congress, including the creation of executive departments and courts inferior to the Supreme Court. The full name of the republic is "The United States of America". No other name appears in the Constitution, and this is the name that appears on money, in treaties, and in legal cases to which it is a party (e.g., Charles T. Schenck v. United States). The terms "Government of the United States of America" or "United States Government" are often used in official documents to represent the federal government as distinct from the states collectively. In casual conversation or writing, the term "Federal Government" is often used, and the term "National Government" is sometimes used. The terms "Federal" and "National" in government agency or program names generally indicates affiliation with the federal government (e.g., Federal Bureau of Investigation, National Oceanic and Atmospheric Administration, etc.). Because the seat of government is in Washington, D.C., "Washington" is commonly used as a metonym for the federal government.

History: The outline of the government of the United States is laid out in the Constitution. The government was formed in 1789, making the United States one of the world's first, if not the first, modern national constitutional republic.[1] The United States government is based on the principle of federalism, in which power is shared between the federal government and state governments. The details of American federalism, including what powers the federal government should have and how those powers can be exercised, have been debated ever since the adoption of the Constitution. Some make the case for expansive federal powers while others argue for a more limited role for the central government in relation to individuals, the states or other recognized entities. Since the U.S. Civil War, the powers of the federal government have generally expanded greatly, although there have been periods since that time of legislative branch dominance (e.g., the decades immediately following the Civil War) or when states' rights proponents have succeeded in limiting federal power through legislative action, executive prerogative or by constitutional interpretation by the courts.[2][3] One of the theoretical pillars of the United States Constitution is the idea of "checks and balances" among the powers and responsibilities of the three branches of American government: the executive, the legislative and the judiciary. For example, while the legislative (Congress) has the power to create law, the executive (President) can veto any legislation — an act which, in turn, can be overridden by Congress. The President nominates judges to the nation's highest judiciary authority (Supreme Court), but those nominees must be approved by Congress. The Supreme Court, in its turn, has the power to invalidate as "unconstitutional" any law passed by the Congress. These and other examples are examined in more detail in the text below. Legislative branch: The United States Congress is the legislative branch of the federal government. It is bicameral, comprising the House of Representatives and the Senate. Powers of Congress: http://en.wikipedia.org/wiki/Article_One_of_the_United_States_Constitution The Constitution grants numerous powers to Congress. Enumerated in Article I, Section 8, these include the powers to levy and collect taxes; to coin money and regulate its value; provide for punishment for counterfeiting; establish post offices and roads, promote progress of science by issuing patents, create federal courts inferior to the Supreme Court, combat piracies and felonies, declare war, raise and support armies, provide and maintain a navy, make rules for the regulation of land and naval forces, provide for, arm and discipline the militia, exercise exclusive legislation in the District of Columbia, and to make laws necessary to properly execute powers. Over the two centuries since the United States was formed, many disputes have arisen over the limits on the powers of the federal government. These disputes have often been the subject of lawsuits that have ultimately been decided by the United States Supreme Court. Makeup of Congress: House of Representatives The House currently consists of 435 voting members, each of whom represents a congressional district. The number of representatives each state has in the House is based on each state's population as determined in the most recent United States Census. All 435 representatives serve a two-year term. Each state receives a minimum of one representative in the House. In order to be elected as a representative, an individual must be at least 25 years of age, and must have been a U.S. citizen for at least seven years. There is no limit on the number of terms a representative may serve. In addition to the 435 voting members, there are six non-voting members, consisting of five delegates and one resident commissioner. There is one delegate each from the District of Columbia, Guam, Virgin Islands, American Samoa and the Commonwealth of the Northern Mariana Islands, and the resident commissioner from Puerto Rico.[4] Senate In contrast the Senate is made up of two senators from each state, regardless of population. There are currently 100 senators (two from each of the 50 states), who each serve six-year terms. Approximately one third of the Senate stands for election every two years. Different powers The House and Senate each have particular exclusive powers. For example, the Senate must approve (give "advice and consent" to) many important Presidential appointments, including cabinet officers, federal judges (including nominees to the Supreme Court), department secretaries (heads of federal executive branch departments), U.S. military and naval officers, and ambassadors to foreign countries. All legislative bills for raising revenue must originate in the House of Representatives. The approval of both chambers is required to pass any legislation, which then may only become law by being signed by the President (or, if the President vetoes the bill, both houses of Congress then re-pass the bill, but by a two-thirds majority of each chamber, in which case the bill becomes law without the President's signature). The powers of Congress are limited to those enumerated in the Constitution; all other powers are reserved to the states and the people. The Constitution also includes the "Necessary and Proper Clause", which grants Congress the power to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers." Members of the House and Senate are elected by first-past-the-post voting in every state except Louisiana, California. and Washington, which have runoffs. Impeachment of federal officers Congress has the power to remove the President, federal judges, and other federal officers from office. The House of Representatives and Senate have separate roles in this process. The House must first vote to "impeach" the official. Then, a trial is held in the Senate to decide whether the official should be removed from office. Although two presidents have been impeached by the House of Representatives (Andrew Johnson and Bill Clinton), neither of them was removed following trial in the Senate. Congressional procedures Article I, Section 2, paragraph 2 of the U.S. Constitution gives each chamber the power to "determine the rules of its proceedings." From this provision were created congressional committees, which do the work of drafting legislation and conducting congressional investigations into national matters. The 108th Congress (2003–2005) had 19 standing committees in the House and 17 in the Senate, plus four joint permanent committees with members from both houses overseeing the Library of Congress, printing, taxation and the economy. In addition, each house may name special, or select, committees to study specific problems. Today, much of the congressional workload is borne by subcommittees, of which there are some 150.

Congressional oversight Main article: http://en.wikipedia.org/wiki/Congressional_oversight Congressional oversight is intended to prevent waste and fraud, protect civil liberties and individual rights, ensure executive compliance with the law, gather information for making laws and educating the public, and evaluate executive performance.[5] It applies to cabinet departments, executive agencies, regulatory commissions and the presidency. Congress's oversight function takes many forms: •	Committee inquiries and hearings •	Formal consultations with and reports from the President •	Senate advice and consent for presidential nominations and for treaties •	House impeachment proceedings and subsequent Senate trials •	House and Senate proceedings under the 25th Amendment in the event that the President becomes disabled or the office of the Vice President falls vacant. •	Informal meetings between legislators and executive officials •	Congressional membership: each state is allocated a number of seats based on its representation (or ostensible representation, in the case of D.C.) in the House of Representatives. Each state is allocated two Senators regardless of its population. As of January 2010, the District of Columbia elects a non-voting representative to the House of Representatives along with American Samoa, the U.S. Virgin Islands, Guam, Puerto Rico and the Northern Mariana Islands. Executive branch

•	The executive power in the federal government is vested in the President of the United States,[6] although power is often delegated to the Cabinet members and other officials.[7][8] The President and Vice President are elected as running mates by the Electoral College, for which each state, as well as the District of Columbia, is allocated a number of seats based on its representation (or ostensible representation, in the case of D.C.) in both houses of Congress.[6][9] The President is limited to a maximum of two four-year terms.[10] If the President has already served two years or more of a term to which some other person was elected, he may only serve one more additional four-year term.[6] President

•	The executive branch consists of the President and those to whom the President's powers are delegated. The President is both the head of state and government, as well as the military commander-in-chief and chief diplomat. The President, according to the Constitution, must "take care that the laws be faithfully executed", and "preserve, protect and defend the Constitution". The President presides over the executive branch of the federal government, an organization numbering about 5 million people, including 1 million active-duty military personnel and 600000 postal service employees. The forty-fourth and current president is Barack Obama. •	The President may sign legislation passed by Congress into law or may veto it, preventing it from becoming law unless two-thirds of both houses of Congress vote to override the veto. The President may unilaterally sign treaties with foreign nations. However, ratification of international treaties requires a two-thirds majority vote in the Senate. The President may be impeached by a majority in the House and removed from office by a two-thirds majority in the Senate for "treason, bribery, or other high crimes and misdemeanors". The President may not dissolve Congress or call special elections but does have the power to pardon, or release, criminals convicted of offenses against the federal government (except in cases of impeachment), enact executive orders, and (with the consent of the Senate) appoint Supreme Court justices and federal judges. Vice President

•	The Vice President is the second-highest executive official in rank of the government. As first in the U.S. presidential line of succession, the Vice President becomes President upon the death, resignation, or removal of the President, which has happened nine times in U.S. history. Under the Constitution, the Vice President is President of the Senate. By virtue of this role, he or she is the head of the Senate. In that capacity, the Vice President is allowed to vote in the Senate, but only when necessary to break a tie vote. Pursuant to the Twelfth Amendment, the Vice President presides over the joint session of Congress when it convenes to count the vote of the Electoral College. While the Vice President's only constitutionally prescribed functions, aside from presidential succession, relate to his or her role as President of the Senate, the office is now commonly viewed as a member of the executive branch of the federal government. The U.S. Constitution does not expressly assign the office to any one branch, causing scholars to dispute whether it belongs to the executive branch, the legislative branch, or both.[11][12] Cabinet, executive departments and agencies •	Main articles: United States Cabinet and List of United States federal agencies •	The day-to-day enforcement and administration of federal laws is in the hands of the various federal executive departments, created by Congress to deal with specific areas of national and international affairs. The heads of the 15 departments, chosen by the President and approved with the "advice and consent" of the U.S. Senate, form a council of advisers generally known as the President's "Cabinet". In addition to departments, a number of staff organizations are grouped into the Executive Office of the President. These include the White House staff, the National Security Council, the Office of Management and Budget, the Council of Economic Advisers, the Council on Environmental Quality, the Office of the U.S. Trade Representative, the Office of National Drug Control Policy and the Office of Science and Technology Policy. The employees in these United States government agencies are called federal civil servants. •	There are also independent agencies such as the United States Postal Service, the National Aeronautics and Space Administration (NASA), the Central Intelligence Agency (CIA), the Environmental Protection Agency, and the United States Agency for International Development. In addition, there are government-owned corporations such as the Federal Deposit Insurance Corporation and the National Railroad Passenger Corporation. Judicial branch

•	The Judiciary explains and applies the laws. This branch does this by hearing and eventually making decisions on various legal cases.

Overview of the federal judiciary •	Article III section I of the Constitution establishes the Supreme Court of the United States and authorizes the United States Congress to establish inferior courts as their need shall arise. Section I also establishes a lifetime tenure for all federal judges and states that their compensation may not be diminished during their time in office. Article II section II establishes that all federal judges are to be appointed by the president and confirmed by the United States Senate. •	The Judiciary Act of 1789 subdivided the nation jurisdictionally into judicial districts and created federal courts for each district. The three tiered structure of this act established the basic structure of the national judiciary: the Supreme Court, 13 courts of appeals, 94 district courts, and two courts of special jurisdiction. Congress, retains the power to re-organize or even abolish federal courts lower than the Supreme Court. •	The U.S. Supreme Court adjudicates “cases and controversies”—matters pertaining to the federal government, disputes between states, and interpretation of the United States Constitution, and, in general, can declare legislation or executive action made at any level of the government as unconstitutional, nullifying the law and creating precedent for future law and decisions. The United States Constitution does not grant the judicial branch the power of judicial review (the power to declare a law Unconstitutional). The power of judicial review was asserted by Chief Justice Marshall in the landmark Supreme Court Case Marbury v. Madison (1803). There have been instances in the past where such declarations have been ignored by the other two branches. Below the U.S. Supreme Court are the United States Courts of Appeals, and below them in turn are the United States District Courts, which are the general trial courts for federal law, and for certain controversies between litigants who are not deemed citizens of the same state (“diversity jurisdiction”). •	There are three levels of federal courts with general jurisdiction, meaning that these courts handle criminal cases and civil lawsuits between individuals. The other courts, such as the bankruptcy courts and the Tax Court, are specialized courts handling only certain kinds of cases (“subject matter jurisdiction”). The Bankruptcy Courts are “under” the district courts, and as such are not considered part of the "Article III" judiciary and also as such their judges do not have lifetime tenure, nor are they Constitutionally exempt from diminution of their remuneration. Also the Tax Court is not an Article III court (but is, instead an “Article I Court”). •	The district courts are the trial courts wherein cases that are considered under the Judicial Code (Title 28, United States Code) consistent with the jurisdictional precepts of “federal question jurisdiction” and “diversity jurisdiction” and “pendent jurisdiction” can be filed and decided. The district courts can also hear cases under “removal jurisdiction”, wherein a case brought in State court meets the requirements for diversity jurisdiction, and one party litigant chooses to “remove” the case from state court to federal court. •	The United States Courts of Appeals are appellate courts that hear appeals of cases decided by the district courts, and some direct appeals from administrative agencies, and some interlocutory appeals. The U.S. Supreme Court hears appeals from the decisions of the courts of appeals or state supreme courts, and in addition has original jurisdiction over a small number of cases. •	The judicial power extends to cases arising under the Constitution, an Act of Congress; a U.S. treaty; cases affecting ambassadors, ministers and consuls of foreign countries in the U.S.; cases and controversies to which the federal government is a party; controversies between states (or their citizens) and foreign nations (or their citizens or subjects); and bankruptcy cases (collectively “federal-question jurisdiction”). The Eleventh Amendment removed from federal jurisdiction cases in which citizens of one state were the plaintiffs and the government of another state was the defendant. It did not disturb federal jurisdiction in cases in which a state government is a plaintiff and a citizen of another state the defendant. •	The power of the federal courts extends both to civil actions for damages and other redress, and to criminal cases arising under federal law. The interplay of the Supremacy Clause and Article III has resulted in a complex set of relationships between state and federal courts. Federal courts can sometimes hear cases arising under state law pursuant to diversity jurisdiction, state courts can decide certain matters involving federal law, and a handful of federal claims are primarily reserved by federal statute to the state courts (for example, those arising from the Telephone Consumer Protection Act of 1991). Both court systems thus can be said to have exclusive jurisdiction in some areas and concurrent jurisdiction in others. •	The U.S. Constitution safeguards judicial independence by providing that federal judges shall hold office "during good behavior"; in practice, this usually means they serve until they die, retire, or resign. A judge who commits an offense while in office may be impeached in the same way as the President or other officials of the federal government. U.S. judges are appointed by the President, subject to confirmation by the Senate. Another Constitutional provision prohibits Congress from reducing the pay of any Article III judge (Congress is able to set a lower salary for all future judges that take office after the reduction, but may not decrease the rate of pay for judges already in office). Relationships between state and federal courts •	Separate from, but not entirely independent of, this federal court system are the court systems of each state, each dealing with, in addition to federal law when not deemed preempted, a state’s own laws, and having its own court rules and procedures. Although state governments and the federal government are legally dual sovereigns, the Supreme Court of the United States is in many cases the appellate court from the State Supreme Courts (e.g., absent the Court countenancing the applicability of the doctrine of adequate and independent State grounds). The Supreme Courts of each state are by this doctrine the final authority on the interpretation of the applicable state's laws and Constitution. Many state constitution provisions are equal in breadth to those of the U.S. Constitution, but are considered “parallel” (thus, where, for example, the right to privacy pursuant to a state constitution is broader than the federal right to privacy, and the asserted ground is explicitly held to be “independent”, the question can be finally decided in a State Supreme Court—the U.S. Supreme Court will decline to take jurisdiction). •	A State Supreme Court, other than of its own accord, is bound only by the U.S. Supreme Court's interpretation of federal law, but is not bound by interpretation of federal law by the federal court of appeals for the federal circuit in which the state is included, or even the federal district courts located in the state, a result of the dual sovereigns concept. Conversely, a federal district court hearing a matter involving only a question of state law (usually through diversity jurisdiction) must apply the substantive law of the state in which the court sits, a result of the application of the Erie Doctrine; however, at the same time, the case is heard under the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure and the Federal Rules of Evidence instead of state procedural rules (that is, the application of the Erie Doctrine only extends to a requirement that a federal court asserting diversity jurisdiction apply substantive state law, but not procedural state law, which may be different). Together, the laws of the federal and state governments form U.S. law. Elections and voting Suffrage, commonly known as the ability to vote, has changed significantly over time. In the early years of the United States, voting was considered a matter for state governments, and was commonly restricted to white men who owned land. Direct elections were mostly held only for the U.S. House of Representatives and state legislatures, although what specific bodies were elected by the electorate varied from state to state. Under this original system, both senators representing each state in the U.S. Senate were chosen by a majority vote of the state legislature. Since the ratification of the Seventeenth Amendment in 1913, members of both houses of Congress have been directly elected. Today, U.S. citizens have almost universal suffrage from the age of 18, regardless of race, gender, or wealth. The only significant exception to this is the disenfranchisement of convicted felons, and in some states former felons as well. •	Under the U.S. Constitution, the national representation of territories and the federal district of Washington, D.C., in Congress is limited: residents of the District of Columbia are subject to federal laws and federal taxes, but their only congressional representative is a non-voting delegate. Residents of U.S. territories have varying rights; for example, only some residents of Puerto Rico pay federal income taxes (though all residents must pay all other federal taxes, including import/export taxes, federal commodity taxes and federal payroll taxes, including Social Security and Medicare). All federal laws that are "not locally inapplicable" are automatically the law of the land in Puerto Rico but their current representation in the U.S. Congress is in the form of a Resident Commissioner, a nonvoting delegate.[13]

State, tribal and local governments The state governments tend to have the greatest influence over most Americans' daily lives. The Tenth Amendment to the United States Constitution prohibits the federal government from exercising any power not delegated to it by the States in the Constitution; as a result, states handle the majority of issues most relevant to individuals within their jurisdiction. Because state governments lack the power to print currency, they must raise revenue througheither taxes or bonds. As a result, state governments tend to impose severe budget cuts at any time the economy is faltering, which are strongly felt by the public for which they are responsible.[14] •	Each state has its own written constitution, government and code of laws. There are sometimes great differences in law and procedure between individual states, concerning issues such as property, crime, health and education. The highest elected official of each state is the Governor. Each state also has an elected state legislature (bicameralism is a feature of every state except Nebraska), whose members represent the voters of the state. Each state maintains its own state court system. In some states, supreme and lower court justices are elected by the people; in others, they are appointed, as they are in the federal system. •	As a result of the Supreme Court case Worcester v. Georgia, Indian tribes are considered "domestic dependent nations" that operate as sovereign governments subject to federal authority but, generally and where possible, outside of the influence of state governments. Hundreds of laws, executive orders and court cases have modified the governmental status of tribes vis-à-vis individual states, but the two have continued to be recognized as separate bodies. Tribal capacity to operate robust governments varies, from a simple council used to manage all aspects of tribal affairs, to large and complex bureaucracies with several branches of government. Tribes are empowered to form their own governments, with power resting in elected tribal councils, elected tribal chairpersons, or religiously appointed leaders (as is the case with pueblos). Tribal citizenship (and voting rights) is generally restricted to individuals of native descent, but tribes are free to set whatever membership requirements they wish. •	The institutions that are responsible for local government within states are typically town, city, or county boards, water management districts, fire management districts, library districts and other similar governmental units which make laws that affect their particular area. These laws concern issues such as traffic, the sale of alcohol and the keeping of animals. The highest elected official of a town or city is usually the mayor. In New England, towns operate in a direct democratic fashion, and in some states, such as Rhode Island and Connecticut, counties have little or no power, existing only as geographic distinctions. In other areas, county governments have more power, such as to collect taxes and maintain law enforcement agencies. FEDERAL GOVERNMENT –AUSTRALIA: This article describes the federal government of Australia. See Australian governments for other jurisdictions. For a description of politics and political institutions, see Politics of Australia. The Government of the Commonwealth of Australia, also known as the Australian Government, Commonwealth Government or Federal Government, is the administrative authority of Australia. The Commonwealth of Australia, a federal constitutional monarchy under a parliamentary democracy, was formed in 1901 as a result of an agreement among six self-governing British colonies, which became the six states. The terms of this agreement are embodied in the Australian Constitution, which was drawn up at a Constitutional Convention and ratified by the people of the colonies at referendums. The structure of the Australian Government may be examined in light of two distinct concepts, namely federalism and the separation of powers into executive, legislative, and judicial branches of government. Separation of powers is implied from the structure of the Constitution which breaks down the branches of government into separate chapters. Federal Government Section 1 of the Australian Constitution creates a democratic legislature, the bicameral Parliament of Australia which consists of the Queen and two houses, the Senate and the House of Representatives. Section 51 of the Constitution provides for the Commonwealth Government's legislative powers and allocates certain powers and responsibilities (known as "heads of power") to the federal government. All remaining responsibilities are retained by the six States (previously separate colonies). Further, each State has its own constitution, so that Australia has seven sovereign Parliaments, none of which can encroach on the functions of any other. The High Court of Australia arbitrates on any disputes which arise between the Commonwealth and the States, or among the States, concerning their respective functions. The Commonwealth Parliament can propose changes to the Constitution. To become effective, the proposals must be put to a referendum of all Australians of voting age, and must receive a "double majority": a majority of all votes, and a majority of votes in a majority of States. The Commonwealth Constitution also provides that the States can agree to refer any of their powers to the Commonwealth. This may be achieved by way of an amendment to the Constitution via referendum (a vote on whether the proposed transfer of power from the States to the Commonwealth, or vice versa, should be implemented). More commonly powers may be transferred by passing other acts of legislation which authorise the transfer and such acts require the legislative agreement of all the state governments involved. This "transfer" legislation may have a "sunset clause", a legislative provision that nullifies the transfer of power after a specified period, at which point the original division of power is restored... In addition, Australia has several territories, three of which are self-governing: the Australian Capital Territory (ACT), the Northern Territory (NT) and Norfolk Island. The legislatures of these territories exercise powers delegated to them by the Commonwealth, and the Commonwealth Parliament retains the power to override territorial legislation and to transfer powers to or from the territories. While Australian citizens living in the Australian Capital Territory and the Northern Territory are represented in the Commonwealth Parliament, Norfolk Islanders are not represented federally. Australia's other territories that are regularly inhabited (Jervis Bay, Christmas Island and the Cocos (Keeling) Islands) are not self-governing. Instead, these territories are largely governed by federal law, with Christmas Island and the Cocos Islands also having local governments. The largely uninhabited Coral Sea Islands was established as a Territory of the Commonwealth in 1969 while Ashmore and Cartier Islands has been a territory since 1933 and administered under the laws of the Northern Territory. The federal nature of the Commonwealth and the structure of the Parliament of Australia were the subject of protracted negotiations among the colonies during the drafting of the Constitution. The House of Representatives is elected on a basis which reflects the differing populations of the States. Thus New South Wales has 48 members while Tasmania has five. But the Senate is elected on a basis of equality among the States: all States elect 12 Senators, regardless of population. This was intended to allow the Senators of the smaller States to form a majority and amend or even reject bills originating in the House of Representatives. The ACT and the NT also elect two senators each. The third level of government after Commonwealth and State/Territory is Local government, in the form of shire, town or city. These bodies such as Councils are composed of elected representatives (known as either councillor or alderman depending on the State), usually serving on a part-time basis. Government is undertaken by three inter-connected arms of government: •	Legislature: The Commonwealth Parliament •	Executive: The Sovereign, whose executive power is exercisable by the Governor-General, the Prime Minister, Ministers and their Departments •	Judiciary: The High Court of Australia and subsidiary Federal courts. The Separation of powers is the principle whereby the three arms of government undertake their activities separate from each other: •	the Legislature proposes laws in the form of Bills, and provides a legislative framework for the operations of the other two arms. The Sovereign is formally a part of the Parliament, but takes no active role in these matters •	the Executive enacts the laws by Royal Assent, administers the laws and carries out the tasks assigned to it by legislation •	the Judiciary hears cases arising from the administration of the law, using both statute law and the common law. The Australian courts cannot give advisory opinions on the constitutionality of laws •	the other arms cannot influence the Judiciary. Until the passage of the Australia Act 1986, and associated legislation in the parliament of the United Kingdom, some Australian cases could be referred to the British Judicial Committee of the Privy Council for final appeal. With this act, Australian law was made unequivocally sovereign, and the High Court of Australia was confirmed as the highest court of appeal. The theoretical possibility of the British Parliament enacting laws to override the Australian Constitution was also removed.[1] Legislature: The Legislature makes the laws, and supervises the activities of the other two arms with a view to changing the laws when appropriate. The Australian Parliament is bicameral, consisting of the Queen, a 76-member Senate and a 150-member House of Representatives. Twelve Senators from each state are elected for six-year terms, using proportional representation and the single transferable vote (known in Australia as "preferential voting": see Australian electoral system), with half elected every three years. In addition to the state Senators, two senators are elected by voters from the Northern Territory (which for this purpose includes the Indian Ocean Territories, Christmas Island and the Cocos (Keeling) Islands), while another two senators are elected by the voters of the Australian Capital Territory (which includes the Jervis Bay Territory for this purpose). Senators from the territories are also elected using preferential voting, however, their term of office is not fixed: it starts on the day of a general election for the House of Representatives and ends the day before the next such election day. The members of the House of Representatives are elected by preferential voting from single-member constituencies allocated among the states and territories roughly in proportion to population. In ordinary legislation, the two chambers have coordinate powers, but all proposals for appropriating revenue or imposing taxes must be introduced in the House of Representatives. Under the prevailing Westminster system, the leader of the political party or coalition of parties that holds the support of a majority of the members in the House of Representatives is invited to form a government and is named Prime Minister. The Prime Minister and the Cabinet are responsible to the Parliament, of which they must, in most circumstances, be members. General elections are held at least once every three years. The Prime Minister has a discretion to advise the Governor-General to call an election for the House of Representatives at any time, but Senate elections can only be held within certain periods prescribed in the Constitution. The most recent general election was on 21 August 2010. The Commonwealth Parliament and all the state and territory legislatures operate within the conventions of the Westminster system, with a recognised Leader of the Opposition, usually the leader of the largest party outside the government, and a Shadow Cabinet of Opposition members who "shadow" each member of the Ministry, asking questions on matters within the Minister's portfolio. Although the government, by virtue of commanding a majority of members in the lower house of the legislature, can usually pass its legislation and control the workings of the house, the Opposition can considerably delay the passage of legislation and obstruct government business if it chooses. The day-to-day business of the house is usually negotiated between a designated senior Minister, who holds the title Leader of the House, and an Opposition frontbencher known as the Manager of Opposition Business in the House. The current Leader of the Opposition in the federal Parliament is Tony Abbott. [Executive Head of state The Australian Constitution dates from 1901, when the Dominions of the British Empire were not sovereign states, and does not use the term "head of state". In practice, the role of head of state of Australia is divided between two people, the Queen of Australia and the Governor-General of Australia, who is appointed by the Queen on the advice of the Prime Minister of Australia. Though in many respects the Governor-General is the Queen's representative, and exercises various constitutional powers in her name, they are also independently vested with many important powers by the Constitution. The Sovereign of Australia, currently Queen Elizabeth II, is also the Sovereign of fifteen other Commonwealth Realms including the United Kingdom. Like the other Dominions, Australia gained legislative independence from the Parliament of the United Kingdom by virtue of the Statute of Westminster 1931, which was adopted in Australia in 1942 with retrospective effect from 3 September 1939. By the Royal Style and Titles Act 1953, the Australian Parliament gave the Queen the title Queen of Australia, and in 1973 titles with any reference to her status as Queen of the United Kingdom and Defender of the Faith as well were removed, making her Queen of Australia. Section 61 of the Constitution provides that 'The executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor General as the Queen’s representative, and extends to the execution and maintenance of this Constitution, and of the laws of the Commonwealth'. Section 2 of the Australian Constitution provides that a Governor-General shall represent the Queen in Australia. In practice, the Governor-General carries out all the functions usually performed by a head of state, without reference to the Queen. The question of whether the Queen is Australia's head of state became a political one during the 1999 Australian republic referendum, when opponents of the move to make Australia a republic claimed that Australia already had an Australian as head of state in the person of the Governor-General, who since 1965 has invariably been an Australian citizen. The former Governor-General, Major General Michael Jeffery, said in 2004: "Her Majesty is Australia's head of state but I am her representative and to all intents and purposes I carry out the full role." However, in 2005, he declined to name the Queen as head of state, instead saying in response to a direct question, "The Queen is the Monarch and I represent her, and I carry out all the functions of head of state."[2] The Governor-General represents Australia internationally, making and receiving State visits.[3][4] In 2009 Prime Minister Kevin Rudd described the Governor-General as the Australian head of state, announcing an overseas visit by Quentin Bryce by saying, "A visit to Africa of this scale by Australia's Head of State will express the seriousness of Australia's commitment".[5] Under the conventions of the Westminster system the Governor-General's powers are almost always exercised on the advice of the Prime Minister or other ministers. The Governor-General retains reserve powers similar to those possessed by the Queen in the United Kingdom. These are rarely exercised, but during the Australian constitutional crisis of 1975 Governor-General Sir John Kerr used them independently of the Queen and the Prime Minister. Australia has periodically experienced movements seeking to end the monarchy. In a 1999 referendum, the Australian people voted on a proposal to change the Constitution. The proposal would have removed references to the Queen from the Constitution and replaced the Governor-General with a President nominated by the Prime Minister, but subject to the approval of a two-thirds majority of both Houses of the Parliament. The proposal was defeated. The Australian Republican Movement continues to campaign for an end to the monarchy in Australia, opposed by Australians for Constitutional Monarchy and Australian Monarchist League. Executive Council The Federal Executive Council consists of the Governor-General, the Prime Minister and Ministers. It is a formal body which exists to give legal effect to decisions made by the Cabinet, and to carry out various other functions. Members of the Executive Council are entitled to be styled "The Honourable", a title which they retain for life. The Governor-General usually presides at Council meetings, but a Minister with the title Vice-President of the Executive Council serves as the link between the government and the Council. Cabinet The Constitution of Australia does not recognise the Cabinet, and its decisions have no legal force. All members of the ministry must be sworn as members of the Federal Executive Council, a body which is chaired by the Governor-General and which meets solely to endorse and give legal force to decisions already made by the Cabinet. That is why there is always a member of the ministry holding the title Vice-President of the Executive Council. Until 1956 all members of the ministry were members of the Cabinet. The growth of the ministry in the 1940s and 1950s made this increasingly impractical, and in 1956 Robert Menzies created a two-tier ministry, with only senior ministers holding Cabinet rank, also known within parliament as the front bench. This practice has been continued by all governments except the Whitlam Government. When the non-Labor parties are in power, the Prime Minister makes all Cabinet and ministerial appointments at their own discretion, although in practice they consult with senior colleagues in making appointments. When the Liberal Party and its predecessors (the Nationalist Party and the United Australia Party) have been in coalition with the National Party or its predecessor the Country Party, the leader of the junior Coalition party has had the right to nominate their party's members of the Coalition ministry, and to be consulted by the Prime Minister on the allocation of their portfolios. When the Labor first held office under Chris Watson, Watson assumed the right to choose members of his Cabinet. In 1907, however, the party decided that future Labor Cabinets would be elected by the members of the Parliamentary Labor Party, the Caucus, and the Prime Minister would retain the right to allocate portfolios. This practice was followed until 2007. Between 1907 and 2007, Labor Prime Ministers exercised a predominant influence over who was elected to Labor ministries, although the leaders of the party factions also exercised considerable influence. Prior to the 2007 general election, the then Leader of the Opposition, Kevin Rudd, said that he and he alone would choose the ministry should he become Prime Minister. His party won the election and he chose the ministry, as he said he would.[6] The cabinet meets not only in Canberra but also in various other Australian state capitals, most frequently Sydney and Melbourne. Kevin Rudd was in favour of the Cabinet meeting in other places, such as major regional cities.[7] There are Commonwealth Parliament Offices in each State Capital, with those in Sydney located in Phillip Street. Caretaker governments There are times when the government acts in a "caretaker" capacity, principally in the period prior to and immediately following a general election. Judiciary The Judiciary interprets the laws, using as a basis the laws as enacted and explanatory statements made in the Legislature during the enactment. •	High Court of Australia •	Federal Court of Australia •	Family Court of Australia •	Federal Magistrates Court FEDERAL GOVERNMENT-CANADA: The Government of Canada (French: Gouvernement du Canada), formally Her Majesty's Government (French: Gouvernement de Sa Majesté),[1][2][3] is the administration of Canada by a common authority; in Canadian English, the term can mean either the collective set of institutions or specifically the Queen-in-Council. In both senses, the construct was established at Confederation, through the Constitution Act, 1867, as a federal constitutional monarchy, wherein the Canadian Crown acts as the core, or "the most basic building block,"[4] of its Westminster-style parliamentary democracy.[5] The Crown is thus the foundation of the executive, legislative, and judicial branches of the Canadian government.[6][7][8] Further elements of governance are outlined in the rest of the Canadian constitution, which includes written statutes, court rulings, and unwritten conventions developed over centuries.[9] Usage In Canadian English, the word government is used to refer both to the institutions that collectively govern the country and to the reigning monarch, or her viceroy, in her current council; when used in the latter context, the word is usually capitalized to make the distinction.[10] Thus, Canadians would say the 28th Ministry is the Government that currently administers the Canadian government. In federal department press releases, the government has sometimes been referred to by the phrase [last name of prime minister] Government; this terminology has been commonly employed in the media.[11] In late 2010, an informal instruction from the Office of the Prime Minister urged government departments to consistently use in all department communications the term (at that time Harper Government) in place of Government of Canada.[12] The same cabinet earlier directed departments to use the phrase Canada's New Government. Monarchy: As per the Constitution Act, 1867, Canada is a constitutional monarchy, wherein the role of the reigning sovereign is both legal and practical, but not political.[13] The Crown is regarded as a corporation, with the monarch, vested as she is with all powers of state,[14] at the centre of a construct in which the power of the whole is shared by multiple institutions of government acting under the sovereign's authority;[15][16][17] the Crown has thus been described as the underlying principle of Canada's institutional unity,[18] with the executive formally called the Queen-in-Council, the legislature the Queen-in-Parliament, and the courts as the Queen on the Bench.[7] Elizabeth II, Queen of Canada, wearing the Sovereign's insignia of the Order of Canada and the Order of Military Merit Royal Assent and the royal sign-manual are required to enact laws, letters patent, and orders in council, though the authority for these acts stems from the Canadian populace and,[19][20] within the conventional stipulations of constitutional monarchy, the sovereign's direct participation in any of these areas of governance is limited.[21][22] While Elizabeth II is Queen of Canada, "truly Canadian" and "totally independent from that of the Queen of the United Kingdom and the other Commonwealth realms",[23][24] as an individual she is also the head of state of 15 other countries in the Commonwealth of Nations. As Queen of Canada, Her Majesty appoints a viceregal representative, the governor general, currently David Lloyd Johnston. Since 1947, the governor general has been permitted to exercise almost all of the sovereign's Royal Prerogative, though some powers do remain the Queen's alone. Further, the monarch and governor general typically follow the near-binding advice of their ministers of the Crown in Cabinet. It is important to note, however, that the Royal Prerogative belongs to the Crown and not to any of the ministers,[17][25] who rule "in trust" for the monarch and,[26] upon losing the confidence of the elected House of Commons, must relinquish the Crown's power back to it,[27] whereupon a new government, which can hold the lower chamber's confidence, is installed by the governor general. The royal and viceroyal figures may unilaterally use these powers in exceptional constitutional crisis situations. Politicians can sometimes try to use to their favour the complexity of the relationship between the monarch, viceroy, ministers, and parliament, and the public's general unfamiliarity with it. The Canadian monarchy is a federal one in which the Crown is unitary throughout all jurisdictions in the country, with the headship of state being a part of all equally. As such, the sovereignty of the federal and provincial regions is passed on not by the governor general or federal parliament, but through the overreaching Crown itself. Though singular, the Crown is thus "divided" into eleven legal jurisdictions, or eleven "crowns"— one federal and ten provincial.[15][34] A lieutenant governor serves as the Queen's representative in each province, carrying out all the monarch's constitutional and ceremonial duties of state on her behalf. Executive power The government is defined by the constitution as the Queen acting on the advice of her privy council.[1][35][36][37] However, the Privy Council— consisting mostly of former members of parliament, chief justices of the Supreme Court, and other elder statesmen— rarely meets in full; as the stipulations of responsible government require that those who directly advise the monarch and governor general on how to exercise the Royal Prerogative be accountable to the elected House of Commons, the day-to-day operation of government is guided only by a sub-group of the Privy Council made up of individuals who hold seats in parliament.[37] This body of ministers of the Crown is the Cabinet. One of the main duties of the Crown is to "ensure that a democratically elected government is always in place,"[38] which means appointing a prime minister— presently Stephen Harper— to thereafter head the Cabinet.[39] Per convention, the governor general must appoint as prime minister the person who holds the confidence of the House of Commons; in practice, this is typically the leader of the political party that holds more seats than any other party in that chamber, currently the Conservative Party. Should no party hold a majority in the Commons, the leader of one party— either the one with the most seats or one supported by other parties— will be called by the governor general to form a minority government. Once sworn in by the viceroy, the prime minister holds office until he or she resigns or is removed by the governor general, after either a motion of non confidence or his party's defeat in a general election. Legislative power The Parliament of Canada, the bicameral national legislature located on Parliament Hill in the national capital of Ottawa, consists of the Queen (represented by the governor general), the appointed Senate (upper house), and the elected House of Commons (lower house).[40] The governor general summons and appoints each of the (currently) 105 members of senators on the advice of the prime minister,[41] while the (currently) 308 members of the House of Commons (Members of Parliament) are directly elected by eligible voters in the Canadian populace, with each member representing a single electoral district for a period mandated by law of not more than four years;[42] the constitution mandates a maximum of five years. Per democratic tradition, the House of Commons is the dominant branch of parliament, the Senate and Crown rarely opposing its will. The Senate, thus, reviews legislation from a less partisan standpoint, and the Crown provides the necessary Royal Assent to make bills into law. The Crown, acting on the advice of the prime minister, also summons, prorogues, and dissolves parliament in order to The Constitution Act, 1867, outlines that the governor general is responsible for summoning parliament in the Queen's name. A parliamentary session lasts until a prorogation, after which, without ceremony, both chambers of the legislature cease all legislative business until the governor general issues another royal proclamation calling for a new session to begin. After a number of such sessions, each parliament comes to an end via dissolution. As a general election typically follows, the timing of a dissolution is usually politically motivated, with the prime minister selecting a moment most advantageous to his or her political party. The end of a parliament may also be necessary, however, if the majority of Members of Parliament revoke their confidence in the Prime Minister's ability to govern, or the legally mandated four year maximum is reached; no parliament has been allowed to expire in such a fashion. Judicial power The sovereign is responsible for rendering justice for all her subjects, and is thus traditionally deemed the fount of justice.[43] However, she does not personally rule in judicial cases; instead the judicial functions of the Royal Prerogative are performed in trust and in the Queen's name by officers of Her Majesty's courts. The Supreme Court of Canada— the country's court of last resort— has nine justices appointed by the governor general and led by the Chief Justice of Canada, and hears appeals from decisions rendered by the various appellate courts from the provinces and territories. Below this is the Federal Court, which hears cases arising under certain areas of federal law.[44] It works in conjunction with the Federal Court of Appeal and Tax Court of Canada. Federalism The powers of the parliaments in Canada are limited by the constitution, which divides legislative abilities between the federal and provincial governments; in general, the legislatures of the provinces may only pass laws relating to topics explicitly reserved for them by the constitution, such as education, provincial officers, municipal government, charitable institutions, and "matters of a merely local or private nature,"[46] while any matter not under the exclusive authority of the provincial legislatures is within the scope of the federal parliament's power. Thus, the parliament at Ottawa alone can pass laws relating to, amongst other things, the postal service, the census, the military, criminal law, navigation and shipping, fishing, currency, banking, weights and measures, bankruptcy, copyrights, patents, First Nations, and naturalization.[47] In some cases, however, the jurisdictions of the federal and provincial parliaments may be more vague. For instance, the federal parliament regulates marriage and divorce in general, but the solemnization of marriage is regulated only by the provincial legislatures. Other examples include the powers of both the federal and provincial parliaments to impose taxes, borrow money, punish crimes, and regulate agriculture. EVOLUTION OF CENTER-STATE RELATIONS IN INDIA

CENTRE – STATE RELATIONS

Relations between the Union and States can be studied under the following heads

(a) Legislative Relations- The Constitution divides legislative authority between the Union and the States in three lists- the Union List, the State List and the Concurrent List. The Union list consists of 99 items. The Union Parliament has exclusive authority to frame laws on subjects enumerated in the list. These include foreign affairs, defence, armed forces, communications, posts and telegraph, foreign trade etc. The State list consists if 61 subjects on which ordinarily the States alone can make laws. These include public order, police, administration of justice, prison, local governments, agriculture etc. The Concurrent list comprises of 52 items including criminal and civil procedure, marriage and divorce, economic and special planning trade unions, electricity, newspapers, books, education, population control and family planning etc. Both the Parliament and the State legislatures can make laws on subjects given in the Concurrent list, but the Centre has a prior and supreme claim to legislate on current subjects. In case of conflict between the law of the State and Union law on a subject in the Concurrent list, the law of the Parliament prevails. Residuary powers rest with the Union government. Parliament can also legislate on subjects in the State list if the Rajya Sabha passes a resolution by two-third majority that it is necessary to do so in the national interest. During times of emergency, Parliament can make laws on subjects in the State List. Under Article 356 relating to the failure of constitutional machinery in the state, Parliament can take over the legislative authority of the state. Likewise, for the implementation of international treaties or agreements, Parliament can legislate on state subjects. Finally, Parliament can make laws on subjects in the State list if two or more states make a joint request to it to do so. Thus, the Centre enjoys more extensive powers than the states.

(b) Administrative relations- The Indian Constitution is based on the principle that the executive power is co-extensive with legislative power, which means that the Union executive/the state executive can deal with all matters on which Parliament/state legislature can legislate. The executive power over subjects in the Concurrent list is also exercised by the states unless the Union government decides to do so. The Centre can issue directives to the state to ensure compliance with the laws made by Parliament for construction and maintenance of the means of communications declared to be of national or military importance, on the measures to be adopted for protection of the railways, for the welfare of the scheduled tribes and for providing facilities for instruction in mother tongue at primary stage to linguistic minorities. The Centre acquires control over states through All India Services, grants- in- aid and the fact that the Parliament can alone adjudicate in inter- state river disputes. During a proclamation of national emergency as well as emergency due to the failure of constitutional machinery in a state the Union government assumes all the executive powers of the state.

(c) Financial Relations – Both the Union government and the states have been provided with independent sources of revenue by the Constitution. Parliament can levy taxes on the subjects included in the Union list. The states can levy taxes on the subjects in the state list. Ordinarily, there are no taxes on the subjects in the Concurrent List. In the financial sphere also the States are greatly dependent on the Centre for finances. The Centre can exercise control over state finances through the Comptroller and Auditor General of India and grants. but during financial emergency the President has the power to suspend the provision regarding division of taxes between the centre and the states.

Finance Commission –One of the instruments which the Constitution has evolved for the purpose of distributing financial resources between the Centre and the states is the Finance Commission. The Finance Commission according to Article 280 of the Constitution is constituted by the President once every five year and is a high- power body. The duty of the Commission is to make recommendations to the President as to: (a) the distribution between the union and the states of the net proceeds of the taxes which are to be divided between them and the allocation between the states themselves of the respective share of such proceeds; (b) the principles which should govern the grants-in-aid of the revenues amongst the states out of the Consolidated Fund of India.

Co- operative Federalism

The Indian Constitution provides for a number of mechanisms to promote co-operative federalism. Article 263 empowers the President to establish Inter-State Council to promote better co-ordination between the Centre and States.

Inter -State Council was formally constituted in 1990. It is headed by the Prime Minister and includes six Cabinet ministers of the Union and Chief Ministers of all the states and union territories.

Zonal Councils were set up under the State Re-organization Act, 1956, to ensure greater cooperation amongst states in the field of planning and other matters of national importance. The act divided the country into six zones and provided a Zonal Council in each zone. Each council consists of the Chief Minister and two other ministers of each of the states in the zone and the administrator in the case of the union territory. The Union Home Minister has been nominated to be the common chairman of all the zonal councils. Government of India The Government of India, officially known as the Union Government, and also known as the Central Government, was established by the Constitution of India, and is the governing authority of the union of 28 states and seven union territories, collectively called the Republic of India. It is seated in New Delhi, the capital of India. The government comprises three branches: the executive, the legislative and the judiciary. The executive branch is headed by the President, who is the Head of State and exercises his or her power directly or through officers subordinate to him.[1] The legislative branch or the Parliament consists of the lower house, the Lok Sabha, and the upper house, the Rajya Sabha, as well as the President. The judicial branch has the Supreme Court at its apex, 21 High Courts, and numerous civil, criminal and family courts at the district level. India is the largest democracy in the world. The basic civil and criminal laws governing the citizens of India are set down in major parliamentary legislation, such as the Civil Procedure Code, the Indian Penal Code, and the Criminal Procedure Code. The union and individual state governments consist of executive, legislative and judicial branches. The legal system as applicable to the federal and individual state governments is based on the English Common and Statutory Law. India accepts International Court of Justice jurisdiction with several reservations. By the 73rd and 74th amendments to the constitution, the Panchayat Raj system has been institutionalized for local governance. The legislature is the Parliament. It is bicameral, consisting of two houses: the directly elected 545-member Lok Sabha ("House of the People"), the lower house, and the 250-member indirectly elected and appointed Rajya Sabha ("Council of States"), the upper house. The parliament enjoys parliamentary supremacy. All the members of the Council of Ministers as well as the Prime Minister are members of Parliament. If they are not, they must be elected within a period of six months from the time they assume their respective office. The Prime Minister and the Council of Ministers are responsible to the Lok Sabha collectively.

Collective responsibility The Prime Minister and the Council of Ministers are jointly accountable to the Lok Sabha. If there is a policy failure or lapse on the part of the government, all the members of the council are jointly responsible. If a vote of no confidence is passed against the government, then all the ministers headed by the Prime Minister have to resign.[citation needed] Executive branch The executive branch of government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the republican idea of the separation of powers. The separation of powers system is designed to distribute authority away from the executive branch – an attempt to preserve individual liberty in response to tyrannical leadership throughout President The executive power is vested on mainly the President of India by Article 53 (1) of the constitution. The President enjoys all constitutional powers and exercises them directly or through officers subordinate to him as per the aforesaid Article 53(1).The President is to act in accordance with aid and advise tendered by the head of government (Prime Minister of India) and his or her Council of Ministers (the cabinet) as described in Article 74 (Constitution of India). The Constitution vests in the President of India all the executive powers of the Central Government. The President appoints the Prime Minister, the person most likely to command the support of the majority in the Lok Sabha (usually the leader of the majority party or coalition). The President then appoints the other members of the Council of Ministers, distributing portfolios to them on the advice of the Prime Minister. The Council of Ministers remains in power during the 'pleasure' of the President. In practice, however, the Council of Ministers must retain the support of the Lok Sabha. If a President were to dismiss the Council of Ministers on his or her own initiative, it might trigger a constitutional crisis. Thus, in practice, the Council of Ministers cannot be dismissed as long as it commands the support of a majority in the Lok Sabha. The President is responsible for making a wide variety of appointments. These include: •	Governors of states •	The Chief Justice, and other judges of the Supreme Court and High Courts of India. •	The Attorney General •	The Chief Election Commissioner and Election Commissioners. •	The Central Vigilance Commissioner and the Vigilance Commissioners. •	The President's Officer •	The Comptroller and Auditor General o	The Chief Election Commissioner and Cabinet Secretary •	The Chairman and other Members of the Union Public Service Commission •	Ambassadors and High Commissioners to other countries. The President is the de jure Commander in Chief of the Indian Armed Forces. The President of India can grant a pardon to or reduce the sentence of a convicted person for one time, particularly in cases involving punishment of death. The decisions involving pardoning and other rights by the president are independent of the opinion of the Prime Minister or the Lok Sabha majority. In most other cases, however, the President exercises his or her executive powers on the advice of the Prime Minister. Vice President The Vice-President of India is the second-highest ranking government official in the executive branch of the Government of India, after the President. The Vice-President also has the legislative function of acting as the Chairman of the Rajya Sabha. The Vice-President acts as President in the event of death, resignation, or removal of the President until a new President is chosen by the electoral college for maximum six months. During this period, the Vice President shall not perform the duties of the office of the Chairman of Rajya Sabha. Cabinet, executive departments and agencies The Cabinet of India includes the Prime Minister along with 35 Cabinet Ministers. All Ministers must be a member of one of the houses of India's Parliament. The Cabinet is headed by the Cabinet Secretary, who is also the head of the Indian Administrative Service. Other Ministers are categorized as Union Cabinet Ministers, who are heads of the various Ministries; Ministers of State, who are junior members who report directly to one of the Cabinet Ministers, often overseeing a specific aspect of government; and Ministers of State (Independent Charges), who are junior members that do not report to a Cabinet Minister. Judicial branch India's independent judicial system began under the British, and its concepts and procedures resemble those of Anglo-Saxon countries. The Supreme Court of India consists of a Chief Justice and 30 associate justices, all appointed by the President on the advice of the Chief Justice of India. The jury trials were abolished in India in early 1960s, after the famous case KM Nanavati v State of Maharashtra, for reasons of being vulnerable to media and public pressure, as well as to being misled. Unlike its US counterpart, the Indian justice system consists of a unitary system at both state and federal level. The judiciary consists of the Supreme Court of India, High Courts of India at the state level, and District Courts and Sessions Courts at the district level. Supreme Court The Supreme Court of India has original jurisdiction, appellate jurisdiction and advisory jurisdiction. Its exclusive original jurisdiction extends to any dispute between the Government of India and one or more states, or between the Government of India and any state or states on one side and one or more states on the other, or between two or more states, if and insofar as the dispute involves any question (whether of law or of fact) on which the existence or extent of a legal right depends. In addition, Article 32 of the Indian Constitution gives an extensive original jurisdiction to the Supreme Court in regard to enforcement of fundamental rights. It is empowered to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari to enforce them. The Supreme Court has been conferred with power to direct transfer of any civil or criminal case from one State High Court to another State High Court, or from a court subordinate to another State High Court. Public interest litigation (PIL) Although the proceedings in the Supreme Court arise out of the judgments or orders made by the subordinate courts, of late the Supreme Court has started entertaining matters in which interest of the public at large is involved, and the Court may be moved by any individual or group of persons either by filing a Writ Petition at the Filing Counter of the Court, or by addressing a letter to Hon'ble The Chief Justice of India highlighting the question of public importance for invoking this jurisdiction. Civil service The Civil Services of India is the civil service and the permanent bureaucracy of the Government of India. The executive decisions are implemented by the Indian civil servants. Civil servants are employees of the Government of India and not Parliament of India. Not all employees of the Government of India are civil servants. In parliamentary democracy of India, the ultimate responsibility for running the administration rests with the elected representatives of the people which are the ministers. These ministers are accountable to the legislatures which are also elected by the people on the basis of universal adult franchise. The ministers are indirectly responsible to the people themselves. But the handful of ministers cannot be expected to deal personally with the manifold problems of modern administration. Thus the ministers lay down the policy and it is for the civil servants to carry out this policy.

Cabinet Secretary The Cabinet Secretary of India is the most senior civil servant in the country. The Cabinet Secretary is the Ex-Officio and Chairman of the Civil Services Board of the Republic of India; the chief of the Indian Administrative Service and head of all civil services under the rules of business of the Government of India. The Cabinet Secretary is arguably India's most powerful bureaucrat and right hand of Prime Minister of India. The Cabinet Secretariat is responsible for the administration of the Government of India Transaction of Business Rules, 1961 and the Government of India Allocation of Business Rules 1961, facilitating smooth transaction of business in Ministries/Departments of the Government by ensuring adherence to these rules. The Secretariat assists in decision-making in Government by ensuring Inter-Ministerial coordination, ironing out differences amongst Ministries/Departments and evolving consensus through the instrumentality of the standing/ad hoc Committees of Secretaries. Through this mechanism new policy initiatives are also promoted. The Cabinet Secretariat ensures that the President of India, the Vice-President and Ministers are kept informed of the major activities of all Departments by means of a monthly summary of their activities. Management of major crisis situations in the country and coordinating activities of the various Ministries in such a situation is also one of the functions of the Cabinet Secretariat. Elections and voting India has a quasi federal government, with elected officials at the federal (national), state and local levels. On a national level, the head of government, the Prime Minister, is elected in-directly by the people[citation needed], through a general election where the leader of the majority winning party is selected to be the Prime Minister. All members of the federal legislature, the Parliament, are directly elected. Elections in India take place every five years by universal adult suffrage. State and local governments State governments in India are the governments ruling States of India and the chief minister heads the state government.Power is divided between central government and state governments. State government's legislature is bicameral in 6 states and unicameral in the rest. Lower house is elected with 5 years term, while in upper house 1/3 of the total members in the house gets elected every 2 years with 6 year term. Local government function at the basic level.It is the third level of government apart from central and state governments.It consists of panchayats in rural areas and municipalities in urban areas .They are elected directly or indirectly by the people. Finance Taxation

India has a three-tier tax structure, wherein the constitution empowers the union government to levy income tax, tax on capital transactions (wealth tax, inheritance tax), sales tax, service tax, customs and excise duties and the state governments to levy sales tax on intrastate sale of goods, tax on entertainment and professions, excise duties on manufacture of alcohol, stamp duties on transfer of property and collect land revenue (levy on land owned). The local governments are empowered by the state government to levy property tax and charge users for public utilities like water supply, sewage etc.[2][3] More than half of the revenues of the union and state governments come from taxes, of which 3/4 come from direct taxes. More than a quarter of the union government's tax revenues is shared with the state governments.[4] The tax reforms, initiated in 1991, have sought to rationalise the tax structure and increase compliance by taking steps in the following directions: •	Reducing the rates of individual and corporate income taxes, excises, customs and making it more progressive •	Reducing exemptions and concessions •	Simplification of laws and procedures •	Introduction of permanent account number (PAN) to track monetary transactions •	21 of the 28 states introduced value added tax (VAT) on 1 April 2005 to replace the complex and multiple sales tax system[3][5] The non-tax revenues of the central government come from fiscal services, interest receipts, public sector dividends, etc., while the non-tax revenues of the States are grants from the central government, interest receipts, dividends and income from general, economic and social services.[6] Inter-state share in the federal tax pool is decided by the recommendations of the Finance Commission to the President. Total tax receipts of Centre and State amount to approximately 18% of national GDP. This compares to a figure of 37–45% in the OECD. Central Board of Direct Taxes The Central Board of Direct Taxes (CBDT) is a part of the Department of Revenue in the Ministry of Finance, Government of India. The CBDT provides essential inputs for policy and planning of direct taxes in India and is also responsible for administration of the direct tax laws through Income Tax Department. The CBDT is a statutory authority functioning under the Central Board of Revenue Act, 1963.It is India’s official Financial Action Task Force on Money Laundering (FATF) unit.The Central Board of Revenue as the Department apex body charged with the administration of taxes came into existence as a result of the Central Board of Revenue Act, 1924. Initially the Board was in charge of both direct and indirect taxes. However, when the administration of taxes became too unwieldy for one Board to handle, the Board was split up into two, namely the Central Board of Direct Taxes and Central Board of Excise and Customs with effect from 1.1.1964. This bifurcation was brought about by constitution of the two Boards u/s 3 of the Central Boards of Revenue Act, 1963. Organizational structure of the Central Board of Direct Taxes The CBDT is headed by Chairman and also comprises six members, all of whom are ex officio Special Secretary to Government of India. The Chairman and Members of CBDT are selected from Indian Revenue Service (IRS), a premier civil service of India, whose members constitute the top management of Income Tax Department and other various departments. General budget The Finance minister of India presents the annual union budget in the Parliament on the last working day of February. The budget has to be passed by the Lok Sabha before it can come into effect on 1 April, the start of India's fiscal year. The Union budget is preceded by an economic survey which outlines the broad direction of the budget and the economic performance of the country for the outgoing financial year. This economic survey involves all the variousNGOs, women organizations, business people, old people associations etc. The 2009 Union budget of India had a total estimated expenditure for 2009-10 was 1,020,838 crore (US$192.9 billion), of which 695,689 crore (US$131.5 billion) was towards Non Plan and 325,149 crore (US$61.5 billion) towards Plan expenditure. Total estimated revenue was 619,842 crore (US$117.2 billion), including revenue receipts of 614,497 crore (US$116.1 billion) and capital receipts of  5,345 crore (US$1 billion), excluding borrowings. The resulting fiscal deficit was 400,996 crore (US$75.8 billion) while revenue deficit was 282,735 crore (US$53.4 billion).The gross tax receipts were budgeted at  641,079 crore (US$121.2 billion) and non-tax revenue receipts at 140,279 crore (US$26.5 billion). India's non-development revenue expenditure has increased nearly fivefold in 2003–04 since 1990–91 and more than tenfold since 1985–1986. Interest payments are the single largest item of expenditure and accounted for more than 40% of the total non development expenditure in the 2003–04 budget. Defence expenditure increased fourfold during the same period and has been increasing due to India's desire to project its military prowess beyond South Asia. In 2007, India's defence spending stood at US$26.5 billion.[7] Problems Corruption In 2009, nearly a quarter of the 543 elected members of parliament had been charged with crimes, including rape or murder.[8] Inefficiency Currently, most spending fails to reach its intended recipients.[9] Lant Pritchett calls India's public sector "one of the world's top ten biggest problems - of the order of AIDS and climate change".[9] The Economist article about Indian civil service (2008) said that Indian central government employs around 3 million people and states another 7 million, including "vast armies of paper-shuffling peons".[9] The Economist states that "India has some of the hardest-working bureaucrats in the world, but its administration has an abysmal record of serving the public".[10] Unannounced visits by government inspectors showed that 25% of public sector teachers and 40% of public sector medical workers could not be found at the workplace. Teacher absence rates ranged from 15% in Maharashtra to 71% in Bihar. Despite worse absence rates, public sector teachers enjoy salaries at least five times higher than private sector teachers. India's absence rates are among the worst in the world.[11][12][13][14] Many experiments with computerization have failed due to corruption and other factors.[15][16] In 2008, Tanmoy Chakrabarty noted that "There are vested interests everywhere, politicians fear that they will lose control with e-government, and this is coming in the way of successful implementation of e-government projects in India. [...] Out of the 27 projects under the NEGP, only one (the MCA21 program) has been completed. There is tremendous gap between conceptualization and implementation".[16] Spending priorities .[18The government provides subsidies as a welfare state on consumable rations like kerosene and agricultural produce.[17] Statutory Corporations like Food Corporation of India are compensated by the government for any potential losses[citation needed].Progressive attempts since Liberalization have been made both at the state and the central level to rationalize these subsidies through commoditization & economies of scale with varying results[citation needed]. Farmers are given electricity at nominal rates so as to stimulate agricultural production[citation needed]. On the other hand, India spends relatively little on education, health, or infrastructure. According to the UNESCO, India has a very low public expenditure on higher education per student as compared to other developing and developed countries]. FEATURES OF THE INDIAN FEDERALISM

India is a big country characterized by cultural, regional, linguistic and geographical diversities. Such a diverse and vast country cannot be administered and ruled from a single centre. Historically, though India was not a federal state, its various regions enjoyed adequate autonomy from central rule. Keeping in view these factors in mind, the Constitution makers of India opted for the federal form of government. Though, the Government of India Act,. 1935 envisaged a federal set-up for India; federal provisions of the Act were not enforced. Thus, India became a federal polity when the Constitution of India. Federalism as a form of government was, for the first time, put into practice in the United States way back in 1789. It was a result of the prevailing situation that time in the United States of America. Subsequently, it was followed in other countries of the world as a political choice. As the practice of federalism became prevalent in many parts of the world, its theoretical aspects were elaborated by scholars. J. W. Garner defines Federal Government as "contra distinguished from a Unitary government, a system in which the totality of government power is divided and distributed by the national Constitution or the organic law of Parliament creating it, between a central government and the governments of individual states or other territorial divisions which the federation is composed of."

Another noted scholar K. C. Wheare defines it; as "the method of dividing powers so that the general and regional governments are each within a sphere coordinate and independent." On the, basis of the above definitions we can infer certain features of federalism, which are:

(1) The most important feature of federalism is the division of powers between the central and state governments by the scheme of the Constitution itself. Both governments are independent and autonomous in their sphere of powers.

(2) The division, of powers between the two postulates a written constitution. In federalism the Constitution is also rigid as the federal provisions of the Constitution cannot be changed without the consent of both the centre and the states.

(3) Federalism also requires the provision for an independent federal judiciary as the division oi powers involves the possibility of disputes arising between the centre and the states or between the units of federation itself.

Creation of Indian Federation

Basically, there are two ways of creating a federal set-up. The first is on the basis of a federal alliance made by some independent federating units or sovereign states, which create the Central or Federal government and transfer certain powers of national importance to that government. The remaining powers are retained by the federating units. This division of powers based on the federal alliance becomes a part of the Constitution or the fundamental law of land. The federal Constitution cannot be altered without the consent of both the governments. The federating units have their separate constitutions to manage their internal affairs. Theoretically the federating units have the right to secede from the federation, but, in practice, it may not be possible to do so. The second way to create a federation is by establishing some provincial governments by dividing a single sovereign country and conferring certain powers to those provincial governments through the provisions of the Constitution. The remaining powers are retained by the Central or Union government. The Indian federation is created on this manner as the provincial governments or federating units in India did not enjoy a sovereign or independent status before becoming a part of the federation. Even the Indian Constitution makers deliberately used the word 'Union' in place of 'Federation'. Article-1 of the Constitution declares India to be a 'Union of States'. Dr. B. R. Ambedkar, the Chairman of Drafting Committee, explained in the Constituent Assembly (hat the use of the term 'Union' indicates two things. First, the Indian federation is not the result of an agreement by the units. Second, the component units have no freedom to secede from the federation. However merely the use of the term Union does not indicate any particular type of federation. In order to understand the nature of Indian federation, the federal provisions of the constitution have to be elaborated and analyzed. The Federal Features of Indian constitution-The Constitution of India displays the following federal features:

• (a) The Constitution of India makes the provision for the organization of two types of governments-the Union Government and the State Governments. The governments at; both levels are organized on the basis of Parliamentary System as per the provisions of the Constitution.

• (b) The Seventh Schedule of the Constitution makes provision for the division of powers between the Union and the States. It contains three lists : 1. The Union List which has 97 subjects of national importance and the Union Parliament has the power to enact laws with respect to these subjects; 2. The State List, which contains 66 subjects of local importance and the State Legislatures have the power to enact laws with respect to these subjects; 3. The Concurrent List, which contains 47 subjects and both the Parliament and State Legislatures can legislate on them. The idea of Concurrent List is inspired by the Constitution of Australia.

• (2) As per the requirement of federal system, the Indian Constitution is a written document. It is a rigid Constitution as far as the amendment of federal provisions is concerned. Thus, the following provisions, affecting the interests of states, can be amended only if not less than half of the state legislatures have approved the same: X. Article 54 and 55 related to the manner of election of the President; 2. Articles 73 and 162 dealing with the extent of the executive power of the Union and States; 3. Article 124, Chapter IV of Part V and Chapter V to Part VI related to the Supreme Court and High Courts; 4. Chapter I of Part XI, dealing with the distribution of legislative powers between the Union and States; 5. Any of the Lists in the 7th Schedule; 6. Articles 80-81 and 4th Schedule related to the representation of States in Parliament; and 7. Article 368, related to the Amendment of the Constitution. In order to amend the above provisions the Constitution Amendment Bill has to be approved by not less than half of the state legislatures before it is presented to the President for his consent.

• (a) The Indian Constitution makes provision for an independent and Federal judiciary. The Supreme Court of India acts as a federal court. It has the power to decide the disputes arising either between the Union and the States or between the two or more States under its Original Jurisdiction as mentioned in Article 131 of the Constitution. The Constitution makes various provisions to ensure the independence of judiciary from the Executive and the Legislature both.

Unitary Features of Indian Federation-

The unitary features of Indian federation are so striking that a noted scholar Ivor Jennings, has termed it as a 'federation with strong centralizing tendencies.' The unitary features of Indian federation are given:

• The Indian federation is an example of 'Indestructible Union with Destructible states.' It means that the Union shall remain intact but the physical existence of states or units can be modified. Accordingly, Article 3 provides that the Parliament may by law form the new states by separating or uniting the territory of existing states, increase or diminish the area of any state, and alter the name and boundary of any state. On the other hand, the American federalism is characterized as 'Indestructible Union of Indestructible States'.

• Unlike the American federation, the Indian Constitution provides for a single citizenship. It means that, in India, every person is a citizen of India and they are not entitled for citizenship of any state. The Union Parliament is empowered to enact laws with respect to all matters related to citizenship.

• The Governor of a state, who is the executive head of the state, is appointed by the President and holds office during the pleasure of the President. It should be noted that the Governor is not a nominal head of state, but holds significant powers with respect to the affairs of the state. In fact, the Governor functions as the representative of the Union Government in the state and he/she is not responsible to any authority within the state.

• The provision for single citizenship in India is also considered is the unitary feature of Indian Federalism. In India, every person is a citizen of India.

• Unlike the US Federation, states in India do not have their separate Constitutions. India has a single Constitution, which makes pro vision with respect to both the Union and the States. Also, with the exception of some federal provisions, the states in India do not have any power with respect to the amendment of the Constitution, which is the sole prerogative of the Union Parliament.

• Generally, in federalism, the states or units have equal representation in the second House of Parliament. But, in India, the states do not have equal representation in the Council of States. The representation of states depends on their population; the number of seats allocated to different states is mentioned in the Fourth Schedule of the Constitution. The state of Uttar Pradesh has 31 seats, whereas many states like Nagaland, Manipur, Tripura etc. have only one seat in the Council of States.

BY--- E.ARULPRAKASH BA.,ML