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​Which one of the following is the mandatory minimum requirement for a functional federation?
Question

Which one of the following is the mandatory minimum requirement for a functional federation?


A.

States should be represented in the Upper House of the National Legislature


B.

Judicial Review

C.

Distribution of legislative and administrative powers between the two sets of Governments – National and State, so as to ensure the independence of the Government within their respective sphere


D.

Distribution of legislative and administrative powers between the two sets of Governments – National and State, so as to ensure the independent but coordinated exercise of powers of the Government

Correct option is C

The correct option is (c): Distribution of legislative and administrative powers between the two sets of Governments – National and State, so as to ensure the independence of the Government within their respective sphere.

Explanation:

This question is a fundamental inquiry into the Federal Principle. Although Option D sounds more "modern" and "practical," Option C is historically and legally considered the "mandatory minimum" requirement for the following reasons:

  1. Classical Definition (K.C. Wheare): Prof. K.C. Wheare, the leading authority on federalism, defined the federal principle as the method of dividing powers so that the general and regional governments are each, within a sphere, "coordinate and independent." Option C directly mirrors this definition.

  2. Sovereignty in Spheres: The "minimum" requirement for a federation is that the units (States) must not be subordinates of the Center. They must have an independent constitutional existence.

  3. Independence vs. Coordination: While Coordination (Option D) is a hallmark of Cooperative Federalism (the functional reality in India), it is a stage of development above the minimum requirement. Theoretically, a federation can exist where the two governments are independent but non-cooperative, but it cannot exist if the States lose their independent legislative/administrative sphere.

Information Booster

To understand the "mandatory minimum," we must look at the structural pillars that differentiate a Federation from a Unitary State.

The Three Essentials of a Federal Constitution (A.V. Dicey):

  • Supremacy of the Constitution: The Constitution is the source of all power.

  • Distribution of Powers: Clear demarcation between the Center and the Units.

  • Authority of Courts: An independent judiciary to act as the interpreter of the Constitution and arbiter of disputes.

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