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IN THE LAST 70 YEARS SINCE THE ADOPTION OF THE CONSTITUTION, India has transitioned into a multi-party democracy with a greatly polarised polity. It is time to take a closer look at how successful India has been in working its unique model of a Federal Union of States. Born amid the Partition, the emphasis in the Constitution on a strong Centre was understandable. But, that is no longer enough. Some fault lines are now evident. Nonseparation of religion from politics, irritants in Centre-state relations, the institution of state Governor, division of legislative powers between the Union and the states, the official language dilemma, and the rising tide of sub-nationalism are clamouring for attention. India has single citizenship, but increasing state domiciliary restrictions are legalizing discrimination and undermining fundamental rights, more particularly, equality of opportunity in public employment.
To understand how politics, the economy, and public policy function in the world’s largest democracy, an appreciation of federalism is essential. Bringing to surface the complex dimensions that affect relations between India’s central government and states, this short introduction is the one-stop account to federalism in India. Paying attention to the constitutional, political, and economic factors that shape Centre–state relations, this book stimulates understanding of some of the big dilemmas facing India today. The ability of India’s central government to set the economic agenda or secure implementation of national policies throughout the country depends on the institutions and practices of federalism. Similarly, the ability of India’s states to contribute to national policy making or to define their own policy agendas that speak to local priorities all hinge on questions of federalism. Organised in four chapters, this book introduces readers to one of the key living features of Indian democracy.
The major new direction of change in the Indian political system today is the gradual political decentring of a predominantly parliamentary system of the first four decades after Independence into a new federalizing and globalizing India since the early 1990s.
The book discusses the issue of autonomy in India’s federal system and its precision and focused nature. It inquires into the various aspects of the problem autonomy of the states and its emerging trends with special reference of Jammu and Kashmir State autonomy. The book addresses many controversial unanswered question like – Should India adopt and opt for ‘dual’ or ‘competitive’ model of federalism, which has long since been discarded even in the land of its origin or should we evolve robust indigenous solutions to our problem of autonomy of States? To change the metaphor, do we choose a ‘regression model’ or a ‘development model’ of our federal polity? All these discussions which deserve sustained citizen interest and national debate, have been answered in the present book.
Providing examples of diverse forms of federalism, including new and mature, developed and developing, parliamentary and presidential, and common-law and civil law, the comparative studies in this volume analyse government in Australia, Belgium, Brazil, Canada, Germany, India, Mexico, Nigeria, Russia, South Africa, Switzerland, and the United States. Each chapter describes the provisions of a constitution, explains the political, social, and historical factors that influenced its creation, and explores its practical application, how it has changed, and future challenges, offering valuable ideas and lessons for federal constitution-making and reform.Contributors include Ignatius Ayua Akaayar (Nigeria), Raoul Blindenbacher (Switzerland), Dakas C.J. Dakas (Nigeria), Kris Deschouwer (Belgium), Juan Marcos Gutiérrez González (Mexico), John Kincaid (USA), Rainer Knopff (Canada), Jutta Kramer (Germany), Akhtar Majeed (India), Marat S. Salikov (Russia), Cheryl Saunders (Australia), Anthony M. Sayers (Canada), Nicolas Schmitt (Switzerland), Celina Sousa (Brazil), Nico Steytler (South Africa), and G. Alan Tarr (USA).The Frech edition is Forthcoming in the Fall 2005 as Les origines, structure, et changements constitutionnels dans les pays fédéraux
COMPETITIVE GOVERNMENTS systematically explores the hypothesis that, similar to merchandisers, governments are internally competitive and also in their relations with each other, as well as in their relations with other institutions in society.
Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States. The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.
Likening fiscal federalism to a game between the Union and the States, and among the States themselves, Indian Fiscal Federalism lays bare the complex rules of play. It examines the pivotal role of Finance Commissions and assesses momentous events since 2014, such as the replacement of the Planning Commission by NITI Aayog, the emergence of the GST Council, and the controversies surrounding the Fifteenth Finance Commission. States, and among the States themselves, Indian Fiscal Federalism lays bare the complex rules of play. It examines the pivotal role of Finance Commissions and assesses momentous events since 2014, such as the replacement of the Planning Commission by NITI Aayog, the emergence of the GST Council, and the controversies surrounding the Fifteenth Finance Commission. A contemporary, timely, and comprehensive analysis of fiscal federalism in India, this practitioners’ perspective is a must-read for all those interested in the subject.
This edited volume examines the link between constitutional asymmetry and multinationalism in multi-tiered systems through a comprehensive and rigorous comparative analysis, covering countries in Europe, Africa and Asia. Constitutional asymmetry means that the component units of a federation do not have equal relationships with each other and with the federal authority. In traditional federal theories, this is considered an anomaly. The degree of symmetry and asymmetry is seen as an indicator of the degree of harmony or conflict within each system. Therefore symmetrisation processes tend to be encouraged to secure the stability of the political system. However, scholars have linked asymmetry with multinational federalism, presenting federalism and asymmetry as forms of ethnical conflict management. This book offers insights into the different types of constitutional asymmetry, the factors that stimulate symmetrisation and asymmetrisation processes, and the ways in which constitutional asymmetry is linked with multinationalism.
A nation of 1.25 billion people composed of numerous ethnic, linguistic, religious, and caste communities, India is the world’s most diverse democracy. Drawing on his extensive fieldwork and experience of Indian politics, Sumantra Bose tells the story of democracy’s evolution in India since the 1950s—and describes the many challenges it faces in the early twenty-first century. Over the past two decades, India has changed from a country dominated by a single nationwide party into a robust multiparty and federal union, as regional parties and leaders have risen and flourished in many of India’s twenty-eight states. The regionalization of the nation’s political landscape has decentralized power, given communities a distinct voice, and deepened India’s democracy, Bose finds, but the new era has also brought fresh dilemmas. The dynamism of India’s democracy derives from the active participation of the people—the demos. But as Bose makes clear, its transformation into a polity of, by, and for the people depends on tackling great problems of poverty, inequality, and oppression. This tension helps explain why Maoist revolutionaries wage war on the republic, and why people in the Kashmir Valley feel they are not full citizens. As India dramatically emerges on the global stage, Transforming India: Challenges to the World’s Largest Democracy provides invaluable analysis of its complexity and distinctiveness.