Federalism
Federalism is a system of government in which the power is divided between a central authority and various units of the country. A federation has two levels of government. One is the government for the entire country that is usually responsible for a few subjects of common national interest. The others are governments at the level of provinces or states that look after much of the day-to-day administering of their state. Both these levels of governments enjoy their power independent of the other. In this sense, federations are contrasted with unitary governments. Federalism is a system based upon democratic rules and institutions in which the power to govern is shared between central and state government.
Under the unitary system, either there is only one level of government or the sub-units are subordinate to the central government. The central government can pass on orders to the provincial or the local government. But in a federal system, the central government cannot order the state government to do something. State government has powers of its own for which it is not answerable to the central government. Both these governments are separately answerable to the people. Country which follow federalism are USA, Russia, Germany, and Australia.
Professor K.C Wheare- method of dividing power so that the general and regionall government are each within a spear, co-ordinate and independent.
Dicey- Federalism means distribution of the force of the state among a number of coordinated bodies each originating in and controlled by the constitution.
Professor Brich- The system of government in which there is a division of power between one general and several regional authorities each of which in its own space is independent and coordinated with each other.
Features of Federalism
- Separate Government: There are at least two levels (or tiers) of government, the entire power in not concentrated with the government. Both the Centre and the units have their separate set of governmental apparatus. America is a federation of states. States have therefore separate legislatures and Separate executives.
- Written Constitution: A federal government must have a written constitution. As a federation is a political partnership of various states and consequently there must be a written agreement in the form of a written constitution.
- Division of Power: Different tiers of government govern the same citizens, but each tier has its own JURISDICTION in specific matters of legislation, taxation and administration. The jurisdictions of the respective levels or tiers of government are specified in the constitution. So the existence and authority of each tier of government is constitutionally guaranteed means, powers and duties of both government must be listed down in the constitution of that country.
- Rigid Constitution: The fundamental provisions of the constitution cannot be unilaterally changed by one level of government. Such changes require the consent of both the levels of government.
- Special Judiciary: Courts have the power to interpret the constitution and the powers of different levels of government. The highest court acts as an umpire if disputes arise between different levels of government in the exercise of their respective powers. Judiciary act as an custodian and guardian of the constitution. It should be vested with powers of declaring any law, national or local, ultra vires if it is at variance with the articles of the constitution. The constitution is thus the supreme law in a federation to which both the centric and the state must adhere to.
- Sources of revenue: for each level of government are clearly specified to ensure its financial autonomy, because if such government depends on the other for funds to carry outs its function, it really is not autonomous in its true nature.
Unitary government
Unitary government is a kind of government system in which a single power, which is known as the central government, controls the whole government. In fact, all powers and administrative divisions authorities lies at the central place. Today most of the government systems in the world are based on unitary system of government. In unitary government, central government has the power to increase or curtail the power of subnational units. It can create and abolished the same. UK, Afghanistan, Italy, China, Saudi Arabia, Spain, etc., are the important examples of unitary government.
The unitary government system is based on the concept of consistency, unity, and identity that’s why the centralization of power and authority system remains at the top priority. The decision-making power rests with the central government that are shared by the government with the lower level government when needed. There are not so many options for change and new innovation as the people have a very limited voice in this government system.
It is useful in the term that rules and regulations in this government systems remain consist and equal throughout the country. Moreover, it is less expensive as compared to the federal government because the number of powerful people remains very low. In a time of emergency, it makes timely decisions as compared to the federal government system. But at the same time, the concept of freedom of speech and expression always remains at a low priority that’s why most of the principles of unitary government are much similar to that of dictatorship system of government.
Features of Unitary form of government
Concentration of Powers: A unitary government is one in which all the powers of administration are vested in a single centre. The centre is omnipotent. A unitary state may be divided into small units for the sake of administrative convenience but the units do not have any constitutional status of their own. In other words, the constitution does not confer any powers on the units. It is the central government which delegates certain powers to the units on its own accord. The units are, therefore, subordinate agents of centre. The powers enjoyed by them are the gifts of the centre and as such these can be taken back at any moment. The units are thus not autonomous and independent in any way.
Single Government: In a unitary government, there is a single set of governmental apparatus. There is a single supreme legislature, single executive body and one supreme judiciary. England, for example, is a unitary state. She has one parliament as her legislature, the King-in-Council as the executive and the judicial committee of the House of Lords as her supreme judiciary.
Written or unwritten Constitution: A unitary government may or may not have a written constitution. As for example, England and France are unitary states. France has a written constitution but England has none.
Rigid Constitution: Unlike a federation, a unitary state may or may not have a rigid constitution, e.g., the constitution of England is flexible but that of France is slightly rigid.
No Special Judiciary: There is no need of having a special judiciary with wide powers of judicial veto in a unitary government. Even the highest court of U.K., for example, cannot sit in judgment over the law passed by Parliament.
The Main Federal Features of the Indian Constitution
Word Federation has not been used anywhere in the constitution. In fact, India has been described as Union of states in Article 1(1) states “India, that is Bharat, shall be the Union of States”
Written Constitution: The Indian Constitution is a written document containing 460 Articles and 12 schedules, 25 parts therefore, fulfils this basic requirement of a federal government. In fact, the Indian Constitution is the most elaborate Constitution of the world.
Supremacy of the Constitution: India’s Constitution is also supreme and not the hand made of either the Centre or of the States for any reason any organ of the State dares to violate any provision of the Constitution, the courts of laws are there to ensure that dignity of the Constitution in upheld at all costs.
Neither Rigid nor Flexible Constitution: The Constitution is largely a rigid Constitution. All the provisions of the Constitution concerning Union-State relations can be amended only by the joint action of the state legislature and the Union Parliament Such provisions can be amended only if the amendment is passed by two-thirds majority of the members present and voting in the Parliament (which must also constitute the absolute majority of the total membership) and ratified by at least one-half of the States.
Following articles can be amended with 2/3 majority of both houses
Art. 54.55- manner of election of president,
Art. 73,162-executive power of Union and state
Chapters related to High Courts and Supreme Court
Chapters relating to distribution of legislative powers of union and state
Lists in VII Schedule
Art 80, 81- state representation in parliament
Art 368 Amendment to the constitution
Division of Powers: In a federation, there should be clear division of powers so that the units and the center are to enact and legislate within their sphere of activity and none violates its limits and tries to encroachupon the functions of others. The Seventh Schedule contains three Legislative Lists which enumerate subjects of administration. Viz. Union, State and Concurrent Legislative Lists. The Union list consisted of97 subjects but now it has 100 subjects, the more important of which are defense, foreign affairs, railways, posts and telegraphs, currency, etc. The State List consisted of 61 subjects, including, inter-alia public order, police, administration of justice, public health, education, agriculture etc. The Concurrent List embraced 52 subjects including criminal law, marriage, divorce, bankruptcy, trade unions, electricity, economic and social planning.
The Union Government enjoys exclusive power to legislate on the subjects mentioned in the Union List. The State Governments have full authority to legislate on the subjects of the State List under normal circumstances. And both the Centre and the State can legislate on the subjects mentioned in the Concurrent List, The residuary powers have been vested in the Central Government.
Independent Judiciary: In India, the Constitution has provided for a Supreme Court and every effort has been made to see that the judiciary in India is independent and supreme. The Supreme Court of India can declare a law unconstitutional or ultra Vires, if it contravenes any provisions of the Constitution. In order toensure the impartiality of the judiciary, our judges are not removable by the Executive and their Salaries cannot be curtailed by Parliament. Art 13 and Art 32, 226
Bicameral Legislature: A bicameral system is considered essential in a federation because it is in the Upper House alone that the units can be given equal representation. The Constitution of India also provides for a bicameral Legislature at the Centre consisting of Lok Sabha and Rajya Sabha. While the Lok Sabha consists of the elected representatives of people, the Rajya Sabha mainly consists of representatives elected by the State Legislative Assemblies. However, all the States have not been given equal representation in the Rajya Sabha.
Dual Government Polity: In a federal state there are two governments-the national or federal government and the government of each component unit. But in a unitary State there is only one government, namely the national government. So, India, as a federal system, has a Central and State Government.
Non Federal Features or Unitary Features of Indian Constitution
Legislative Relations:
Article 246 The Seventh Schedule contains three Legislative Lists which enumerate subjects of administration. Viz. Union, State and Concurrent Legislative Lists. The Union list consisted of97 subjects but now it has 100 subjects. The laws on these subjects can be framed by parliament of India. This list contain of national importance, these subjects concern all the citizens of India equally. The most important of which are defense, foreign affairs, railways, posts and telegraphs, currency, etc. The State List consisted of 61 subjects, including, inter-alia public order, police, administration of justice, public health, education, agriculture etc. These subjects can be framed by the state legislature. The Concurrent List embraced 52 subjects including criminal law, marriage, divorce, bankruptcy, trade unions, electricity, economic and social planning. In this list both central and state make laws.
Residuary Power Article 248 A residuary power is a power which retained by the Union government after certain powers have been delegated to other authorities. Residuary Powers are special powers entrusted by the Constitution to the Union Government. The Parliament has powers to make any law with respect to any matter which is not a part of the Concurrent List or State List.
Article 254 Both the Union and State Government are competent to legislate on subjects in the concurrent list in case of conflict between Central Law and State Law on a subject in this list, normally the union law should prevail, if however is State Law reserved for the president assent receives his assent, it will prevail over the union law under. Union list > Concurrent List> State List.
But the central government has the authority to interfere even in the list of state government under special circumstances such as:
Article 249: The Parliament may legislate on any subject in the state list if the Rajya Sabha passes resolution, but not less than two third of the member present and voting, that it is necessary to do so in the national interest. The resolution passed shall remain in force for such period not exceeding 1 year, the law will cease to have any effect, and 6 months after the resolution comes to an end because the resolution remains in force for 1 year.
Article 250: Parliament can make laws for the whole or any part of the territory of India on any of the matters in the state list, when a proclamation of national emergency (352) is in operation.
Article 252: Parliament may legislate on state subjects on request by the legislatures of two or more states.
Article 253: Parliament is competent to legislate on subjects in the state list for the implementation of international treaties, an agreements or convention with foreign states.
Finally when a breakdown of constitutional machinery in a state occurs and there is a consequent president rule in state under article 356 the powers of the state legislature are exercised by the parliament.
Article 111: Parliament can pass the bill and before the bill becomes an act, it has to be presented to the Indian President for his approval. It is up to the President of India to either reject the bill, return the bill or withhold his/her assent to the bill. The choice of the President over the bill is called the veto power.
Administrative Relations
Article 256: Union government can give direction to State Government for enforcement of Central laws.
Article 257: The executive power of the union shall also extend to the giving direction to a state as to construction and maintenance of means of communication declared to be of national or military importance, protection of railways within the state.
Article 258: President may with the consent of the governor of the state, entrust either conditionally or and unconditionally to that government or to its officers function in relation to any matter of which the executive power of the union extends.
Article 262: Disputes relating to the water between States is regulated by union government.
Article 162: Union has supervisory control over state in maintenance of public order (use of police force as directed)
Article 155: Appointment of governor who is appointed by the president (Union).
Article 217: Appointments of judges of high court by the president.
Financial Relations
Article 273: In case of state grants union sometimes takes advisory control on states.
Article 275: Funds from consolidated funds cannot be moved without the accent of president.
Article 360: Reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of the union including the judge of the Supreme Court and high courts. (Financial Emergency)
Article 365: Effect of failure to comply with, or to give effect to, directions given by the Union Where any State has failed to comply with or to give effect to any directions given in the exercise of the executive power of the Union under any directions given in the exercise of the executive power of the Union under any of the provisions of this Constitution, it shall be lawful for the President to hold that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution
Some other unitary features are:
Article 3: Power of Parliament to form new states and alter boundaries of existing state.
Single citizenship
Single unified Judiciary that is Supreme Court as apex court
Article 324: Election Commission
Niti Aayog headed by Prime Minister and Vice President
Use of Central Paramilitary Police Force CRPF BSF
Conclusion: jurist like Kenneth C, said that India is quasi-federal i.e. “similar to a federal system” because it has some features of federal and some of the unitary Constitution is neither unitary nor federal.