Chapter 12: Parliamentary System

Summary:
India adopted the British Parliamentary System — government responsible to Parliament, not the President.

Important Points:

• Articles 74 and 75: Establish parliamentary system at the Centre.
• Key Features:
  • Dual executive: President (nominal) + Prime Minister (real).
  • Collective Responsibility of Council of Ministers to Lok Sabha.
  • Dissolution of Lower House possible.
  • Leadership of Prime Minister.
• Parliamentary vs Presidential System:
  • Parliamentary → Executive accountable to legislature.
  • Presidential → Executive independent (e.g., USA).
• Why Parliamentary System in India?
  • Familiarity due to British rule.
  • Responsible government.
  • Need to accommodate diversity.

Key Highlight:
Parliamentary system promotes “collective leadership” and “responsible government.”

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Chapter 13: Federal System

Summary:
Indian federalism is unique — it is federal with a strong unitary tilt.

Important Points:

• Federal Features:
  • Dual government (Centre and States).
  • Division of powers (Union, State, Concurrent Lists).
  • Independent Judiciary.
  • Bicameralism (Rajya Sabha represents states).
• Unitary Features:
  • Strong Centre (dominance in legislation, finances).
  • Single Constitution.
  • Single Citizenship.
  • Emergency powers make it highly unitary.
• Indian Federalism = “Quasi-federal” (K.C. Wheare’s term).

Key Highlight:
India’s federation is federal in structure but unitary in spirit.

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Chapter 14: Centre-State Relations

Summary:
Defines legislative, administrative and financial relations between Centre and States.

Important Points:

• Legislative Relations (Art 245-255):
  • Union List > State List > Concurrent List.
  • Parliament can legislate on State subjects during emergencies.
• Administrative Relations (Art 256-263):
  • States comply with Centre’s laws.
  • Centre can give directions.
  • All-India Services (IAS, IPS) controlled by Centre.
• Financial Relations (Art 268-293):
  • Centre collects major taxes; distributes share to states.
  • Finance Commission (Art 280) recommends distribution.

Recent Trends:

• Greater push for Cooperative Federalism (especially through NITI Aayog).

Key Highlight:
Centre can override states during normal times itself (not only in Emergency).

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Chapter 15: Inter-State Relations

Summary:
Deals with coordination and cooperation among states.

Important Points:

• Inter-State Water Disputes:
  • Parliament can adjudicate under Article 262.
  • Tribunals set up (e.g., Cauvery dispute).
• Inter-State Councils (Art 263):
  • To discuss common issues.
  • Established by President.
• Public Acts, Records:
  • Full faith and credit to public acts and judicial proceedings (Art 261).
• Zonal Councils:
  • 5 Councils (North, South, East, West, Central) to promote cooperation.
  • Set up under States Reorganization Act, 1956.

Key Highlight:
Zonal Councils are purely advisory bodies (no binding decision power).

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Chapter 16: Emergency Provisions

Summary:
Emergency provisions make Indian polity highly unitary during crises.

Important Points:

• Types of Emergencies:
  1. National Emergency (Art 352):
     • War, external aggression, armed rebellion.
     • Parliament can legislate on any subject.
     • Fundamental Rights (Art 19) automatically suspended.
  2. State Emergency (Art 356):
     • Failure of constitutional machinery in state (“President’s Rule”).
     • Maximum period: 3 years (special cases can extend further).
  3. Financial Emergency (Art 360):
     • Threat to financial stability or credit.
     • Centre can reduce salaries, including Judges.
• Major Emergency Declared:
  • 1962 (China War), 1971 (Pakistan War), 1975 (Internal Disturbance, Indira Gandhi).
• Safeguards after 44th Amendment (1978):
  • National Emergency can be proclaimed only on written advice of Cabinet.
  • Parliamentary approval required within 1 month.

Key Highlight:
44th Amendment Act made it difficult to misuse emergency powers.