India, that is to say that the executive power of the state is co-extensive with its legislative power, which means that the executive power of a state shall cover only its own territory and with respect to those subjects over which it has legislative competence as included in List II.
Conversely, the union shall have exclusive executive power over matters with respect to which parliament has exclusive power to make laws, List I and the exercise of its powers conferred by any treaty or agreement.
Division of Executive Power and Intergovernmental Relations Con’d
Compared to the emphasis on dual polity of the United States, these federations have chosen to establish many points of contact both constitutional and informal between the federal government and the states. This arrangement is based on one or more of the following factors.
First, we should note that we are speaking of a federation of constitutionally established and divided powers but overall operating under a single political union.
The welfare state of the 20th century, the widening scope of governmental activity and the consequent integration of the economy clearly indicate that it is extremely difficult to divide responsibility neatly between the federal government and states even if desired. The functions assigned to the different governments are inevitably interrelated.
Division of Executive Power and Intergovernmental Relations Con’d
Where the federation is based on a more or less homogenous society (the German federal system is a clear case in point) or where there is scarcity of resources (in this regard India and other emerging federations are cases in point), some federations tend to share certain institutions such as courts and administrative services.
A third factor, particularly in Germany and Switzerland where the state executive is basically empowered to implement federal legislation, grants the states further discretion to adapt the federal laws to local circumstances during implementation.
