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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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