Critically analyse the division of powers under Indian Constitution.

The Constitution of India, adopted in 1950, provides for a federal system of government. The division of powers between the central government and the state governments is enshrined in the Constitution. The division of powers under the Indian Constitution can be analysed from the perspectives of legislative, executive and judicial powers.

Legislative Powers:

The Indian Constitution follows a federal system of government, with a division of legislative powers between the Union and the States. The Constitution identifies the Union List, State List, and Concurrent List as the subjects under the exclusive domain of the Union, the States, and both the Union and the States, respectively. However, the Constitution grants the Union Parliament the power to legislate on any subject in the State List if it is in the national interest. This power of Parliament to legislate on State subjects is subject to the limitation that it can be exercised only during a period of national emergency. Thus, the Constitution provides a balanced division of legislative powers between the Union and the States, with the Union having the power to legislate on subjects that are of national importance or during an emergency, while the States have exclusive powers to legislate on subjects that are within their domain.

Executive Powers:

The Constitution of India envisions a clear division of executive powers between the Union and the States. The Union government is responsible for the administration of the Union territories and for matters that fall within the exclusive domain of the Union. On the other hand, the State governments are responsible for the administration of the States and for matters that fall within their respective domains. The Constitution also provides for the appointment of Governors to each State by the President of India, who acts as the representative of the Union government. The Governor has a limited role in the administration of the State and acts as a link between the State government and the Union government. Thus, the Constitution provides for a clear division of executive powers between the Union and the States, with each level of government having responsibility for matters that fall within its domain.

Judicial Powers:

The Indian Constitution provides for a federal system of courts, with the Supreme Court being the highest court of appeal. The Constitution provides for the establishment of High Courts in each State, which have jurisdiction over matters that fall within the domain of the State government. The Constitution also provides for the establishment of subordinate courts in each State, which have jurisdiction over matters that fall within their respective domains. The Constitution provides for the appointment of judges to the Supreme Court, the High Courts and the subordinate courts by the President of India, in consultation with the Chief Justice of India and the Chief Justice of the respective High Court. The Constitution also provides for the separation of powers between the judiciary, the legislature and the executive. Thus, the Constitution provides for a clear division of judicial powers between the Union and the States, with each level of government having jurisdiction over matters that fall within its domain.

In conclusion, the Indian Constitution provides for a federal system of government, with a clear division of legislative, executive and judicial powers between the Union and the States. The Constitution provides for a balance of powers between the Union and the States, with each level of government having responsibility for matters that fall within its domain. However, there have been instances where the division of powers has been a matter of controversy and debate, particularly in the areas of fiscal federalism and the role of the Governor. Nevertheless, the Constitution has provided a framework for resolving such disputes through the mechanisms of inter-governmental relations and the judiciary.