FEDERALISM IN

INDIA AND U.S.A.:

A COMPARITIVE
STUDY
 Introduction

In a nation, federalism is a constitutional structure that establishes two levels of government

with assigned powers and roles that result from several social, economic, cultural, and
political factors. The federal values are set and defined by a mixture of independent authority
and law. In a simple language, federalism means connecting people, organizations, and
politics to a permanent yet restricted union in such a way as to ensure the vigorous pursuit of
powers while preserving the respective independence of both parties. Federalism as a
political concept deals with the constitutional allocation of power in such a way that the
constituent units of a federal system are part of the collective policy-making and
administration process by default, whereas the functions of the general government are
carried out in such a way as to preserve their respective independence.

The United States and India are the world’s largest democratic countries and are focused on
their constitutional system of federalism. The US became a federal republic State by
upholding its Constitution in the year 1789; while India became a secular, socialist,
sovereign, the democratic republic by formally launching its Constitution only in the year
1950. Hence, both countries had acquired the status of dominion in which many smaller
states had become aligned to form a union with a strong Central Government. Both States
were then federal republics.

During its drafting committee chaired by Dr. Ambedkar, the Indian Constitution was
conceived with many outstanding features in the world like America but was adopted in the
Indian sense. The Indian Constitution was established. There are also many similarities and
distinctions between both the United States and India, although they both are federal.
 FEDERALISM

The federal constitution creates a dual structure, consisting of two levels of government —

1. A Central Government with jurisdiction over the entire country in certain regions,
and state governments;
2. Each of which exercises jurisdiction within specified regional boundaries.

A resident of a federal country is subject to the decrees of two governments. The majority of
the powers and duties of the government are split between the centre and the states. Thus,
each level of government functions within its assigned sector.

Federalism is a dynamic government structure for the governance of a nation. It links many
independent, distinct, and disparate bodies or administrative units to a single political union.
It attempts to strike a balance between the forces fighting for the concentration of power at
the central point and the forces supporting the dispersal of power in a variety of units.
Federalism thus tries to reconcile unity with multiplicity, centralization with decentralization,
and nationalism with localism. The originality of the federal form of control is both
centralized and fragmented at the same time. Administration and regulation are centralized in
some regions along with decentralization in other regions. The main features of federalism
are the constitutional government, the allocation of powers, and the supremacy of the state,
the independence of the judiciary, the written constitution, decentralization, and the actual
separation of power.
 FEDERALISM IN INDIA

India emerged as a federation that had been relieved of British Raj’s clutches. Several
princely states, divided and governed, came together to form the Indian Union. The pre-
independence Centre and Provinces became a Union of countries with clear powers divided
up into three lists-Union, States, and concurrent lists. The former princely states were
replaced by the Indian Union, which later became the federal units. Several such states have
joined India and have become full members of the Indian Union. When the Constitution of
India entered into force, the component units were grouped into four categories of States. A
gradual process was followed by the reorganization of the States, which continued until the
end of 1969. Ambedkar said that because the Indian Federation was indissoluble it was a
“Union” and no government was allowed to separate from it. The federation is a union
because it is an indestructible strong centre to secure the nation.

The Constitution for India is a federal Constitution insofar as it defines what may be referred
to as a dual policy, consisting of a Union at the Core and States at the periphery each with the
sovereign powers to be exercised in their respective areas of competence under the
Constitution.” There are five essentials necessary to be called as federal and these are:

1. The Constitution has to be written.

2. It has to be rigid.
3. It must be the supreme rule of the land;
4. The separation or transfer of powers between the Union or the federal government
and the different States or provinces may take place.
5. An autonomous and impartial judiciary must be formed to interpret the
Constitution and the Rules.
 FEDERALISM IN U.S.A

The USA is a federal government. Article I lists the competences of the national government
and has been called ‘few and established’. The powers that the Constitution does not delegate
to the United States are reserved for the States or the people. Madison makes a useful
statement: ‘Powers reserved for the various States shall cover all the objects which, in the
course of the ordinary business, concern people’s lives, freedoms and property, and internal
peace, improvements, and prosperity.

State governments reflect the composition of the national government: an elected chief
executive, two legislative houses, and the court. In addition to the basic proposal that state
governments have plenary power — that is, may make legislation on any subject — while
national governments only have specified powers, state governments structurally vary from
domestic governments in several respects. Each state has a budget of its own. According to
the US constitution, the National Government does not need to be fiscal in check and has
seldom done so in recent years. Sovereign immunity has been a central feature of sovereignty
in the Anglo-American tradition. As already stated in Article III of the Constitution, federal
courts have authority over disputes between a State and citizens of another State.
 COMPARITIVE ANALYSIS

Differences

 Powers of Central government

In the US Constitution, for example, the ultimate power of defense and diplomacy is
enforced by the central government under Article 1, Section 10 Clause 3 of the US
Constitution. While the Indian Constitution in its Seventh Schedule contains entries in the
list of powers bestowed on the Federal Government concerning diplomacy and security,
war and peace and the Treaty, pilgrimages from outside the world, piracies, and crimes
perpetrated by air or by high sea and violations of international law. Section 1 of
Schedule VII confers powers on the Union Government which are unique to the Union
and the States cannot interfere with the exercise of those powers. Besides, Article
53(2) refers to the President with the Supreme Command of the Union Defence
Forces. Article 352, 353, and 355 also discuss the strength of the Union in times of
national emergency. The nature of these powers under the Indian Constitution is more
nuanced than under the American Constitution.

 Amendments

In the United States Article 5 of the United States Constitution, it can be achieved by
Congress by asking 2/3 of both chambers to introduce amendments. The implementation
of the legislature of 2/3 of many states can also recommend it. At least 3/4 of certain
states must be accepted to be ratified.

The Indian Constitution provides for the power and process to amend Article 4, Schedule
VI and, in particular, Article 368 of the Constitution. In all instances, the right to enact
amendments is bestowed on the Union. For all amendments, there is no need for
ratification by the States. However, Article 368(2) distinguishes certain types of
amendments which, in essence, require ratification by at least half of the States.

 Centre and State working

Article 1 Section 8 of the U.S. Constitution provides for 18 subjects to be legislated and
limited by the middle. The majority of the authority is with the Nations. And the residual
power is with the states.

In India, exhaustive lists are drawn up which cover the different areas of the Centre and the
states. No question of residual power ever arose. But then, if there is no entry in any of the
three lists, the Centre shall have the authority to do so. Thus, the residual power is with the
Centre.

 Union and Secession

As per Article 4 of Section 3 of the U.S Constitution, it is clear that, without agreement
between the legislatures of the States concerned and the Congress, no new State shall be
created or established beyond the competence of any other State. Thus, it can be inferred that
no State will withdraw from the U.S. Constitution from the union.

Article 1 of The Constitution of India states that India is a Union of States. Article
2 empowers Parliament to admit or form new States within the Union on such terms and
conditions as it considers necessary. Further under Article 3, the Parliament may, by statute,
create a new State by separating the territory from any State or by uniting two or more States
or parts of States or by uniting any territory to any part of any State; by raising the area of any
State; by reducing the area of any State; by altering the borders of any State; or by changing
the name of any State.

 Citizenship

The Indian Constitution recognizes single citizenship. On the other hand, the United States
Constitution allows for double citizenship that can be a US resident of two countries, the
United States and another.

 Forms of government

The president is the head of the state in the U.S. and thus his administration is popularly
referred to as the presidential form of government. India, on the other hand, has a legislative
system of government, while the Prime Minister exercises real power with his cabinet, with
the President being only a nominal head.

 Parliament

The lower house or Lok Sabha in India is stronger and its representatives are elected directly
and indirectly every two years by the people and representatives of the upper house or Rajya
Sabha. The members of Lok Sabha serve their electorate on a population basis. The House of
Representatives is elected in the US-based on the population of a state but each state in the
USA has only two senate members, totalling a hundred members in the United States,
irrespective of the size of the state or population. Whereas the Lok Sabha and lower house in
India are stronger, the Senate House or the upper house is stronger in the United States. A
Rajya Sabha member in India is indirectly elected by a system of proportional and
transferable voting, while in the USA a Senate member is elected directly.

 Constitution

While a federal Constitution exists in the US, all federal government states have their
Constitutions to rule themselves by their loyalty to the federal Constitution. In India, all
States that are aligned with the Indian Union have a commitment to the Indian Constitution
and no constitution of their own, but each state has the right to pass the laws of its own that
are included in both the state and the concurrent lists.

The Constitution of the United States is very concise and compact, with just a few pages,
while the Constitution of India is very dense, comprising as many as XXII sections, 395
articles, and 10 schedules. Since the US constitution is very strict, the laws intended to amend
the constitution are also very rigid and more formal. The US Constitution has only been
changed 27 times. Whereas the Constitution of India, which entered into force in 1950, has so
far been amended 94 times.

 Jurisdiction

The Supreme Court of the United States has authority over the country as a whole but only
through federal law. The States have their constitutions and their own rules and their own
Supreme Court.
In India, there is only one system of courts with the Supreme Court at the top and the High
courts of the different states at the lower level. Both have the right to adjudicate federal as
well as state legislation.

Similarities

Although there are quite differences, there are also some ‘similarities’ between the two
countries like both, the US and India Constitution have a written Constitution, providing for a
federal constitutional system under which both Governments exercise their powers and
privileges, with the right to equality, to liberty, to the right to discrimination, to freedom of
religion, to cultural and educational privileges, to land, and the right of Constitution. The
federal government functions in both countries at the core in which different states have
acceded. In both the US and the Indian Constitution, the division of powers between three
entities-administrative, legislative, and judicial-is given. Each division has a separate
capability. While the powers between executive, legislative, and judicial officers in both
countries are explicitly divided, these powers can also overlap.
 CONCLUSION

The US and India are two of the world’s most influential nations, the former being the oldest
democracy in the world, and the latter being the largest world democracy, both the United
States and India have democratic federalism. By promulgating its constitution in 1789 the US
became a Federal Republic State, while India was only formally founded as a Socialist,
Sovereign, Secular Democrat Republic in the 1950s. This led to a dominion status for both
countries where many smaller countries had joined to form a union with a central government
called the Federal Government in the United States and the Central Government in India.

The federalism structure of the United States and India is somewhat different, but both
structures have performed effectively and preserved national independence with a different
history and challenges. Federalism is like a rainbow, each colour is distinct, but they make a
cohesive pattern together. A fluid balance between the centre and the States must be
preserved continuously by federalism. Ultimately, a community and a collection of principles
and virtues such as honesty, compassion, and the spirit of cooperation must be established by
the citizens and political process. It can also be inferred that certain federalist characteristics
are common to both India and the United States. On the other hand, the federal character of
India and the USA differ in many regions. But both the United States and the Indian
federalism are very popular despite their limitations.
 REFERENCES

 https://www.academia.edu/31442932/
COMPARATIVE_STUDY_OF_FEDERALISM_IN_INDIA_AND_U_S_A_CONST
ITUTIONAL_PERSPECTIVE
 http://lawtimesjournal.in/comparing-the-model-of-federalism-in-india-and-u-s-a/
 https://blog.ipleaders.in/difference-us-indian-federalism-2/