UNITARY AND FEDERAL FORM OF GOVERNMENT.

Syllabus :

Definition of Unitary State

A Unitary State is a system of government in which a single central authority

holds supreme power, with any regional or local governments operating
under its control. Unlike a federal system, where power is constitutionally
divided between central and regional governments, a unitary state
concentrates authority at the national level, which may delegate powers to
local governments but can also withdraw them at any time.

In a unitary state, laws, policies, and decisions are generally uniform across
the country, ensuring administrative consistency. The central government
has the power to make and enforce laws, control taxation, defense, and
foreign affairs. While some unitary states grant limited autonomy to regional
governments, they do not share sovereignty.

Examples of unitary states include the United Kingdom, France, Japan.

Salient features of Unitary State.

1.Centralized Power – The national government holds supreme authority,

with no constitutional division of power between central and local
governments.

2.Single Legal System – A unitary state has a uniform legal and judicial
system, ensuring that the same laws apply throughout the country.

3.Control Over Local Governments – Regional or local governments exist

but operate under the authority of the central government, which can modify
or revoke their powers at any time.

4.Uniform Policies and Administration – Laws, policies, and governance

structures remain consistent across the country, promoting administrative
efficiency and national unity.

5.Flexible Distribution of Power – The central government can delegate

powers to local authorities for administrative convenience, but these powers
are not constitutionally guaranteed.

6.Strong National Identity – A unitary state often fosters a sense of

national unity and identity by minimizing regional differences in governance.
7.Single Constitution – The country is governed by a single constitution
that applies to the entire nation, without separate regional constitutions.

8.Quick Decision-Making – Since power is concentrated in the central

government, decisions can be made and implemented quickly without
lengthy negotiations between different levels of government.

Case Study: United Kingdom

1.Parliamentary Sovereignty – The UK Parliament in Westminster holds

supreme legal authority and can make or overturn any law, including those
affecting devolved governments.

2.Single Legal System – England and Wales share a legal system, while
Scotland and Northern Ireland have separate legal traditions, but all operate
under the authority of the UK Parliament.

3.Devolution, Not Federalism – Power is devolved to Scotland, Wales, and

Northern Ireland, but this is not constitutionally guaranteed. Parliament can
modify or revoke these powers.

4.No Sovereign Regional Governments – The UK government has given

some powers to Scotland, Wales, and Northern Ireland, allowing them to
make decisions on certain local issues. However, these powers are not
permanently guaranteed by the constitution. The UK Parliament in London
still has the authority to change or take back these powers if needed.

5.Centralized Decision-Making – Key matters such as foreign policy,

defense, immigration, and taxation are controlled by the central UK
government.

6.Single Citizenship – All UK citizens hold a single national identity and

citizenship, regardless of which part of the country they reside in.

7.Uniform Constitution (Unwritten) – The UK follows an uncodified

constitution based on statutes, conventions, and legal precedents, applying
uniformly across the nation.

8.Strong National Identity – Despite regional differences, the UK

maintains a unified identity under a single monarch and central government.

Definition of Federal form of State

A Federal State is a system of government in which power is constitutionally

divided between a central (national) government and regional (state or
provincial) governments. In this system, both levels of government operate
independently in certain areas while sharing responsibilities in others. Each
level has its own authority, constitutionally protected powers, and the ability
to make and enforce laws.

Federal states are designed to balance national unity with regional

autonomy, allowing local governments to address the specific needs of their
people while the central government manages national affairs such as
defense, foreign policy, and trade. This system prevents the concentration of
power in one authority and promotes decentralization.

Key features of federalism include dual government structures, a written

constitution, division of powers, an independent judiciary, and financial
autonomy for regional governments. Examples of federal states include the
United States, Canada, India, Germany, and Australia, where both national
and regional governments have defined roles and cannot unilaterally take
over each other’s powers.

Salient features of Federal State

1. Division of Powers – Power is constitutionally divided between the

central (national) government and regional (state or provincial)
governments. Each level has its own areas of authority, such as
defense and foreign affairs for the central government and education
and local policing for regional governments.
2. Written Constitution – A federal state operates under a written
constitution that clearly defines the powers and responsibilities of both
levels of government, ensuring stability and legal clarity.
3. Dual Government System – There are two levels of government: the
central government, which handles national affairs, and regional
governments, which manage local issues independently within their
jurisdiction.
4. Supremacy of the Constitution – The constitution is the highest
legal authority, and both the central and regional governments must
follow it. Any disputes between the two levels are resolved according
to constitutional provisions.
5. Independent Judiciary – A federal state has a strong and
independent judiciary (such as a Supreme Court or Constitutional
Court) that interprets the constitution and resolves conflicts between
the central and regional governments.
6. Financial Autonomy – Both the central and regional governments
have their own sources of revenue (such as taxes) to ensure financial
independence. The central government may also distribute funds to
regional governments for development.
7. Equal Representation of Regions – In most federal states, regional
governments have representation in a central legislative body (such as
the U.S. Senate or India’s Rajya Sabha), ensuring that all regions have
a voice in national decision-making.
8. Right to Self-Governance – Regional governments have the
constitutional right to govern themselves in certain areas without
interference from the central government, giving them autonomy to
make decisions suited to local needs.

Case Study: United States of America

1. Division of Powers – The U.S. Constitution divides powers between

the federal (national) government and state governments. The federal
government handles national matters like defense, foreign policy, and
interstate commerce, while states control local affairs such as
education, law enforcement, and public health.
2. Written Constitution – The U.S. Constitution (1787) serves as the
supreme law of the land, clearly defining the powers and
responsibilities of both the federal and state governments, ensuring a
structured system of governance.
3. Dual Government System – The USA operates with two levels of
government: the federal government based in Washington, D.C., and
50 state governments, each with its own constitution, legislature,
executive, and judiciary.
4. Supremacy of the Constitution – The Supremacy Clause (Article VI)
states that the U.S. Constitution and federal laws take precedence over
state laws in case of conflict. However, states retain all powers not
specifically granted to the federal government (10th Amendment).
5. Independent Judiciary – The U.S. Supreme Court acts as the highest
judicial authority, interpreting the Constitution and resolving disputes
between the federal and state governments. It ensures that both levels
of government operate within their constitutional limits.
6. Financial Autonomy – Both the federal and state governments have
separate taxation systems. The federal government collects income
taxes, corporate taxes, and tariffs, while states collect their own taxes,
such as sales tax, property tax, and state income tax.
7. Equal Representation of States – Each state, regardless of size, has
equal representation in the U.S. Senate (two senators per state). The
House of Representatives represents states based on population,
ensuring fair representation at the national level.
8. Right to Self-Governance – Each U.S. state has the authority to
make its own laws on various issues, such as education, public safety,
and local governance. States can pass laws that suit their unique
needs, as long as they do not contradict federal laws.