Preview

CRITICAL ANALYSIS OF LEGISLATIVE POWER OF EXECUTIVE

Powerful Essays
Open Document
Open Document
8116 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
CRITICAL ANALYSIS OF LEGISLATIVE POWER OF EXECUTIVE
UNIVERSITY OF PETROLEUM & ENERGY STUDIES
COLLEGE OF LEGAL STUDIES
DEHRADUN

ASSIGNMENT: II (TWO)

TOPIC: CRITICAL ANALYSIS OF
LEGISLATIVE POWER OF EXECUTIVE

SUBJECT: ADMINISTRATIVE LAW

Submitted By:
Ananaya Sachdeva
BA LLB
Semester VI

Federalism in India is at once similar and distinct from other federations like that of America; distinct in that it is not a group of independent States coming together to form a federation by conceding a portion of their rights of government, but a distributed entity that derives its power from a single source - the Union. Sovereignty and the powers of governance are distributed and shared by several entities and organs within the Indian constitutional system. Dr. Babasaheb Ambedkar, who chaired the Drafting Committee of the Constituent Assembly, stressed the importance of describing India as a 'Union of States' rather than a 'Federation of States.' He said: '. . . what is important is that the use of the word “Union” is deliberate . . . Though the country and the people may be divided into different States for convenience of administration, the country is one integral whole, its people a single people living under a single imperium derived from a single source.' The similarity between the systems of government in the two countries, however, is remarkable. Both governments exhibit a strong Union control, where the individual States give up a significant portion of their autonomous rights to the Central Government in return for security and pursuit of common interests; in contrast, in a confederation the individual States retain most of their sovereignty and are only loosely bound together. In the words of Alexander Hamilton (the illustrious co-author of the Federalist Papers, along with James Madison and John Jay), when describing the proposed Constitution of the Federal Government of the United States of America, The definition of a confederate republic seems simply to be an 'assemblage of

You May Also Find These Documents Helpful

  • Good Essays

    A Confederate System is considered the opposite of the Unitary System. A Confederate System is “A league of sovereign states in which a limited central government exercises free Independent powers.” This system provides a Central Government to deal with areas of mutual concerns, such as, common currency; when it comes to other areas for Confederate Systems to take charge, the member states ban these actions to be taken care of by the Confederate System. “The United States is a confederacy, it was established in 1861.” The Confederation is “A union that consists of parties, united groups, and leagues.” There are also advantages and disadvantages of the confederate system. The advantages of a Confederate System are 1. Keeps power at local levels, preventing the growth of large Central Government. 2. They make it possible for the several states to cooperate in matters of common concerns. The disadvantages are 1. Having a weak…

    • 512 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Dbq 1987

    • 405 Words
    • 2 Pages

    By the 1850’s the Constitution, originally framed as an instrument of national unity, had become a source of sectional discord and tension and ultimately contributed to the failure of the union it has created. This was shown by interpretations of the constitution and other documents when the constitution was assorted together.…

    • 405 Words
    • 2 Pages
    Good Essays
  • Better Essays

    This allows the power of making decisions to be split up between the central government and state governments. The central government deals with foreign affairs, the military, and our economy. The state government deals with things such as school, roads,and everyday affairs. Then, they come together and have jobs they both can do. In short, "the different governments will each control each other, at the same time that each will be controlled by itself," (James Madison, Federalist Paper #51, 1788). Federalism protects against tyranny because it does not allow one government to have too much power. The central government and state government have enough power to make important decisions, yet not enough to have total control. They rule over each other while being able to rule over themselves. It's written in such a brilliant manner where everything is…

    • 892 Words
    • 4 Pages
    Better Essays
  • Better Essays

    The early 1800s were a difficult time for the American people; they had just won their independence from Britain hardly more than twenty or thirty years prior, and the threat of failure still loomed large. The Federalist Party sought to destroy the threat of failure by strengthening the United States’ central government. As Alexander Hamilton said, “A firm Union will be of the utmost moment to the peace and liberty of the states, as a barrier against domestic faction and insurrection.” In Hamilton’s mind, strengthening the central government would ensure freedom for every American citizen by uniting the people to think and speak with a single voice. Hamilton had witnessed firsthand the political and economic confusion caused by states’ conflicting interests and corrupt taxation policies under the Articles of Confederation. He realized that the only way for the Union to survive and prosper was for the Federal government to take control of the country’s political and economic decision-making. With a strong Federal power in place, troublesome interstate conflicts could be solved swiftly and decisively, before they gained…

    • 1132 Words
    • 5 Pages
    Better Essays
  • Good Essays

    The United States (U.S.) Constitution is the source of all government powers and provides limitations on the government that protect the natural rights of U.S. citizens. Prior to its creation, the 13 original states comprising the U.S., were united under the Articles of Confederation. These articles entrusted a Confederate Congress with the authority to wage war, mediate disputes between states as well as set weights and measures. However, the Confederate Congress was completely funded by individual states, did not have the authority to raise funds itself and all decisions required a unanimous vote of approval from all states. It was far from a perfect government. These limitations along with the historical tendencies high ranking officials have toward greed and abuse of power rendered this Congress ineffective, spawning a collective desire for reform. (Whitehouse.gov, 2017) In 1787 delegates from 12 of the 13 states convened in Philadelphia to draft a new Constitution. Their goals were to design a government that could provide fair treatment to its citizens, keep peace amongst the individual states as well as with outside nations, defend our country from enemies, and to set a standard for living comfortably, well, and free. To achieve this, the government was split into three separate branches and power divided amongst them.…

    • 558 Words
    • 3 Pages
    Good Essays
  • Better Essays

    States had much more power at their feet than ever before. An example of this was that the states had a great deal of control over politics. One such power was that every colony or state was allowed one vote in Congress (93). Furthermore, the colonies needed a united vote if any amendments were to be made to the Articles of Confederation (Davis). Because there was no national court system under the Confederation, the states resolved controversies amongst themselves. Moreover, the excess power that the Articles placed on the states was with the enforcement of laws; the states had the freedom to enforce any laws they saw fit. Giving states too much power in politics led to chaos that the national government absolutely had no control over (Johnson). Another example of the disarray of domestic affairs was the failure of a successful military. During the American Revolution, the Continental Army was moderate, but once the war was won, the military was largely demobilized (Alden 109). Only a small national force protected the country. The United States’ dream was to build a unified war-making regime, but it was a complete failure, especially after the Revolution (111). America’s dream went spiraling down until there was no hope of a centralized army. The Articles of Confederation government continued…

    • 1227 Words
    • 5 Pages
    Better Essays
  • Satisfactory Essays

    A confederation places most power with the states, which then loosely cooperate to make national decisions.…

    • 298 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The Articles of Confederation that had been drafted in 1777 gave the majority of power to the states. The National government was weak and unable to sustain itself. It did not even possess the ability to resolve differences between state legislature and interstate commerce. When the Articles of Confederation were written those that drafted it purposely gave majority power to the states as they feared a powerful central government. The problem was by severely limiting the central government’s power they were not able to create the union in which they had intended. Instead they had created a number of small self-ruled countries. America was in need of a refined plan of governance.…

    • 375 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Era of Good Feelings

    • 1105 Words
    • 5 Pages

    States over the years have argued over state government and the federal government and the Article of Confederation was a perfect example how the state government does not work. In Document D Maryland questions the authority of the federal government to incorporate a bank. During the McCulloch v. Maryland case Maryland attempted to tax the bank. Maryland got overruled and didn't get their way. Still it serves as a good example of sectionalism where states are thinking only for themselves and not for the good of the nation. Thomas Jefferson in Document F also claimed that the Missouri Compromise will be divide the United States and obliterate unity. This claim is true considering now that the North and South now compete for more free and slave states. In order for Missouri to become a slave state Maine had to become independent again showing signs of sectionalism the North vs. the South. Signs of nationalism although are seen in Document H. John Q. Adams wrote in his diary about the Monroe Doctrine which warns the Holy Alliance to stay out of the…

    • 1105 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    Forming a new government comes with challenges and obstacles that the people need to overcome for the greater good of the country. During the time that the Americans formed the government, arguments were placed into the open to be solved. Solutions that were given, many were rejected and caused a lot of disagreement. Creating a government brought the country into disagreement between the anti-federalists and federalists for the concerns of rights of the people and power that was shared among them. Firstly, the anti-federalists disagreed how the rights were to be given to one another as well as the division of power between the states. Secondly, the federalists were satisfied with the conditions that were given to them, including the power they could have and what human rights that would protect them.…

    • 271 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    As inevitable as the U.S. Constitution feels today as the foundation on which the United States of America and its political system are built, it was not the first document ratified by the former British colonies to establish a union. During the years of the American Revolutionary War and the years directly following it, the newly formed United States of America were essentially a collection of thirteen more or less sovereign states loosely held together in an alliance by the Articles of Confederation and Perpetual Union (Articles of Confederation). However, as a foundation for a functioning government, the Articles of Confederation were lacking, leaving the federal government essential powerless and unable to effectively execute the few powers explicitly bestowed upon it by the Articles. Fiscal issues and rebellion threaten to tear the young nation…

    • 2487 Words
    • 10 Pages
    Powerful Essays
  • Good Essays

    The legislative branch is the most powerful branch in government. The legislative branch is in charge of making and passing laws. They have the power to override a president’s decision, stop laws from being passed, and basically control all decisions the governments makes. The legislative branch, also called the congress, consists of the House of Representatives and the Senate. The reason for two houses of congress is to balance out the concerns of smaller but more populated states against states that are larger but with less population.…

    • 439 Words
    • 2 Pages
    Good Essays
  • Good Essays

    After first breaking away from Britain, Americans wanted their government to not resemble Britain’s at all. They did this by adopting the Articles of Confederation that had no national executive branch. However the government under the Articles was very weak and no power because it couldn’t raise money through taxes, the people who led the national government realized that a more centralized government was needed. As the constitution was written and it was in the process of being ratified by all the states, the federalist papers written mostly by Alexander Hamilton were written. In one paper by…

    • 882 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Federalism almost is a way of nations organizing so that two or more government levels will have formal authority over the people and same area. In the Unitary system all the power resides in the central government in which most of the governments are today and confederate, most of the power is in the hands of it components and the national government is weak (Wood Gordon, 1995). Over the two centuries the federal system has changed and it’s why the American federalism system is at the center of important battles over the policy (John E. Finn, 2007). Mostly Federalism decentralizes our policies and politics. The powers of overlapping between the two levels government demonstrate the tension with national and states government over who should control the policy and power. Most of the American states are also policy innovators being responsible for new ideas, many reforms, and new policies that are why we stand by till today (John E. Finn,…

    • 1183 Words
    • 5 Pages
    Powerful Essays
  • Better Essays

    Alexander Hamilton in The Federalist 6 argues that countries who do not unite overall are bound to fail. The weak central government that was currently established could not prosper or even survive according to him. He wrote that “A man must be far gone in Utopian speculations who can seriously doubt that, if these States should either be wholly disunited, or only united in partial confederacies, the subdivisions into which they might be thrown would have frequent and violent contests with each other”. The fact that he fully believed that the states would devolve into war if they were not better united may not be true, but The Federalist Papers were meant to be persuasive and shocking. Hamilton’s theatrical writing style lent itself to this,…

    • 1538 Words
    • 7 Pages
    Better Essays