FEDERAL SYSTEM
Introduction
Origin
Federal features of constitution
Dual polity
Written constitution
Division of powers
Supremacy of the constitution
Rigid constitution
Independent judiciary
Bicameralism
INTRODUCTION
Political scientists have classified governments into unitary and
federal on the basis of the nature of relations between the
national government and the regional governments.
By definition, a unitary government is one in which all the
powers are vested in the national government and the regional
governments, if at all exist, derive their authority from the
national government.
A Federal government, on the other hand, is one in which
powers are divided between the national government and the
regional governments by the constitution itself and both operate
in their respective jurisdictions independently.
Britain, France, Japan, China, Italy, Belgium, Norway, Sweden,
Spain and so on have the unitary model of government while
the US, Switzerland, Australia, Canada, Russia, Brazil, Argentina
and so on have the federal model of government.
ORIGIN
The term ‘federation’ is derived from a Latin word foedus which means
‘treaty’ or ‘agreement’. Thus, a federation is a new state (political
system) which is formed through a treaty or an agreement between the
various units. The units of a federation are known by various names like
states (as in US) or cantons (as in Switzerland) or provinces (as in
Canada) or republics (as in Russia).
The Constitution of India provides for a federal system of government in
the country. The framers adopted the federal system due to two
main reasons–the large size of the country and its socio- cultural
diversity. They realised that the federal system not only ensures the
efficient governance of the country but also reconciles national unity
with regional autonomy.
However, the term ‘federation’ has no where been used in the
Constitution. Instead, Article 1 of the Constitution describes India as a
‘Union of States’. According to Dr. B.R. Ambedkar, the phrase ‘Union of
States’ has been preferred to ‘Federation of States’ to indicate two
things: (i) the Indian federation is not the result of an agreement
among the states like the American federation; and (ii) the states have
no right to secede from the federation. The federation is union
because it is indestructible.
FEDERAL FEATURES OF THE CONSTITUTION
1. Dual Polity
The Constitution establishes a dual polity consisting the Union at the
Centre and the states at the periphery. The Union government deals
with the matters of national importance like defence, foreign affairs,
currency, communication and so on. The state governments, on the
other hand, look after the matters of regional and local importance like
public order, agriculture, health, local government and so on.
2. Written Constitution
The Constitution is not only a written document but also the lengthiest
Constitution of the world. Originally, it contained a Preamble, 395 Articles
(divided into 22 Parts) and 8 Schedules. At present (2019), it consists of a
Preamble, about 470 Articles (divided into 25 Parts) and 12 Schedules.
Thus, it avoids the misunderstandings and disagreements between the
two.
3. Division of Powers
The Constitution divided the powers between the Centre and the states
in terms of the Union List, State List and Concurrent List in the Seventh
Schedule. The Union List consists of 100 subjects (originally 97), the
State List 61 subjects (originally 66) and the Concurrent List 52
subjects (originally 47). Both the Centre and the states can make laws
on the subjects of the concurrent list, but in case of a conflict, the
Central law prevails. The residuary subjects (i.e, which are not
mentioned in any of the three lists) are given to the Centre.
4. Supremacy of the Constitution
The Constitution is the supreme (or the highest) law of the land. The laws
enacted by the Centre and the states must conform to its provisions.
Otherwise, they can be declared invalid by the Supreme Court or the high
courts through their power of judicial review. Thus, the organs of the
government (legislative, executive and judicial) at both the levels must
operate within the jurisdiction prescribed by the Constitution.
5. Rigid Constitution
The division of powers established by the Constitution as well as the
supremacy of the Constitution can be maintained only if the method of
its amendment is rigid. Hence, the Constitution is rigid to the extent that
those provisions which are concerned with the
federal structure (i.e., Centre-state relations and judicial organization)
can be amended only by the joint action of the Central and state
governments. Such provisions require for their amendment a special
majority of the Parliament and also an approval of half of the state
legislatures.
6. Independent Judiciary
The Constitution establishes an independent judiciary headed by the
Supreme Court for two purposes: one, to protect the supremacy of the
Constitution by exercising the power of judicial review; and two, to
settle the disputes between the Centre and the states or
between the states. The Constitution contains various measures like
security of tenure to judges, fixed service conditions and so on to make
the judiciary independent of the government.
7. Bicameralism
The Constitution provides for a bicameral legislature consisting of an
Upper House (Rajya Sabha) and a Lower House (Lok Sabha). The
Rajya Sabha represents the states of Indian Federation, while the Lok
Sabha represents the people of India as a whole. The
Rajya Sabha (even though a less powerful chamber) is required to
maintain the federal equilibrium by protecting the interests of the
states against the undue interference of the Centre.
THANKYO
U
TANYA
3972
BA-II
Submitted To: Ms.
Hardeep
