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  • Essay / Essay on Federalism - 1190

    The type of emergency provisions that existed in the Indian Constitution are found in the United States, Canada and, at first glance, may seem drastic and out of place in a democratic and federal country . But this is not entirely true if we delve deeper into the matter. Viewed in light of the adjustments and developments occurring in other federations under the impact of an emergency like war, these federations are undergoing a sort of silent metamorphosis. Federalism, says Dicey, is weak government because of the distribution of powers between the Center and the Units, but war experiences in the United States, Canada and Australia have shown that this is not necessarily the case and that a federation can very well stand the test of time. As Corwin argued, federalism as a system of checks and balances is no longer viable in the realm of war, and there is therefore an incompatibility between the demands of total war and the principles hitherto considered fundamental for the government under the Constitution. These federations were faced with the urgency of two multiple wars [1911-1914 and 1935-1945]. In the United States and Australia, the emergency was resolved by courts which gave a broad and liberal interpretation to the war or defense power of the Center and thus gave it an area of ​​operations larger than its field of action in peacetime, in order to do whatever was necessary. are necessary for the security of the country or the effective prosecution of war. In Canada, the general power of the Center was interpreted broadly by the courts and the Center therefore became more powerful during war than it would be in peacetime. time.During the war crisis, the Constitutions of the United States, Canada and Australia functioned very differently from...... middle of paper ...... The Central Reserve Police to protect the property of the central government in these states has already To resolve these problems, the 42nd Amendment of the Constitution added a new provision, Article 256A, in the Constitution, authorizing the Center to deploy all armed forces of the Union, and any such force had to act under the control and instructions of the Center and not of the state government concerned. Under Article 257A, the Center could act without the consent of the state government concerned. However, the Law Minister assured Parliament that the power under Section 257A would only be used in exceptional situations and in consultation with the concerned state government. In order to give full effect to section 257A, certain changes have been made to the statutory entries in three lists. A new entry 2A has been added to the lists 1 .