7545549784.federal System GKJha 250420

Comparative Government and
Politics(Federal System)
For By
B.A. (Pol.Sc.(Hons.) G K Jha
Degree Part-II, Paper-Iv Asst. Prof.
Deptt. Of Pol. Sc.
Marwari College,Darbhanga
What is Federalism?
• Federalism is a system of government in which
the power is divided between a central authority
and various constituent units of the country. Each
of them is independent in its own sphere as they
derive power from the same sources, i.e.,
Constitution.
• Dicey defines a federal state “a political
contrivance intended to reconcile national unity
and power with the maintenance of “state rights”.
Features of Federalism
• Precise distribution of powers between the
Union and the States
• Supremacy of the Constitution
• Supremacy of Judiciary
• Independence of Judiciary
• Dual Citizenship
• Rigid Amendment Procedure
Federalism in India
• The Constitution declared India as a ‘Union of States’. Although it did not use
the word federation, the Indian Union is based on the principles of federalism.
• In India it is tripartite division of Power,i.e. Certain powers vested exclusively
in the Union. Certain powers exclusively to the States and some powers to both
Union and States.
• The distribution of Powers between the Centre and states have been done in
accordance with the Constitution, which in turn, envisions three lists:
• Union List- Union has exclusive right and monopoly over those matters
enlisted in it, such as Communication, Foreign policy, International trade,
Coinage etc.
• State List-States have been vest with certain exclusive powers, such as police,
irrigation etc.
• Concurrent List-Both Centre and State has power, in case of violation the
centre law shall prevail to the extent of violation
• Residuary Power-the power do not find mention in any of the above three list
and Art.248(2) hands out the parliament to make law on it. For e.g.,
Information technology Act, Copyright etc.
Nature of Indian Federal System
While submitting the Draft Constitution, Dr. Ambedkar, the Chairman
of the Drafting Committee, explained the advantages of the term
“Union”. These advantages were to indicate two things, viz–
• that the Indian federation is not the result of an agreement of the
units;
• that the component units have no freedom to secede from it.
Normally two forms of federal principles are in operation. First
involves independent states coning together on their own to
form a bigger unit. This type of ‘coming together’ federation
includes the USA, Switzerland and Australia. In this all the
constituent units have equal power and are strong vis-à-vis the
federal government.
Nature of Indian Federal System
The second trajectory is where a large country decides to divide its power
between the constituent states and the national government. This is called
as ‘holding together’ federation and India, Spain and Belgium are the best
examples of this kind. In it, the central government tends to be more
powerful vis-à-vis the States.
Federalism in India is both a colonial and a nationalist legacy in the
institutional sense of the term. The British unitary (nation-state) model of
governance proved relatively ineffective for a vast and diverse country like
India.
Austin pointed out the pragmatic character of Indian federalism which, to him,
was a ‘new kind of federalism to meet India’s peculiar needs’ and which is
what he calls ‘a co-operative federalism’ that ‘produces a strong central
government yet not necessarily resulting in weak provincial governments
Indian Federal System: Key Features
1. There are two tiers of government-Centre and States with varying
boundaries,
2. Different tiers of government govern the same citizens, but each tier has
its own Jurisdiction in specific matters of legislation, taxation and
administration.
3. The jurisdictions of the respective levels or tiers are of government are
specified in the constitution. So the existence and authority of each tier
of government is constitutionally guaranteed.
4. The fundamental provisions of the constitution cannot be unilaterally
changed by one level of government. Such changes require the consent
of both tiers of government.
5. Jurisdiction means the area over which someone has legal authority. The
area may be defined in terms of geographical boundaries or in terms of
certain kinds of subjects.
Key Features
5. The Supreme Court has been vested with the power to
interpret the constitution and the powers of different
levels. The Supreme Court has an obligation to see that
no unit should interfere or encroach upon each other’s
sphere.
6. Sources of revenue for each level of governments are
clearly specified to ensure its financial autonomy.
7. The Federal system has been entrusted to safeguard
and promote unity of the country, while at the same
time accommodate regional diversity.
Federalism in USA
• The U.S. Constitution gives certain powers to the federal

government, other powers to the state governments, and yet other
powers to both.
• The federal government determines foreign policy, with exclusive
power to make treaties, declare war, and control imports and
exports. The federal government has the sole authority to print
money.
• Federalism has evolved evenly in the USA.There are two theories
explaining the entire process of working and evolution of
Federalism in USA.
• First theory entertains the view that Federalism is co-equal and
almost concurrent evidenced by the large scale transferring of power
to the States whereas the control of Union is limited to only
‘constitutional’ matters.
Federalism in USA....
• The second theory, popularly characterized as ‘Cooperative
Federalism’ emphasizes upon the collective endeavours and
cooperation among the National, State and Local Governments
to settle out the differences within the ambit of the
Constitution. However it holds out the primacy of National
government. Let us discuss the way power has been distributed
➢ Delegated Powers-assigned to the Union Government in

matters specific to the regulation of interstate trade and
international trade, coinage and currency, maintenance of
armed forces ,postal system, power to enforce treaties etc.
Federalism in USA...
➢ Reserved powers-The powers which are not vested to Union
rather transferred to the States, such as power to establish and
maintain Schools, police powers, establishment of Local
governments etc.
➢ Concurrent Powers-Powers which are shares and
simultaneous in nature. For e.g. Power to tax, maintain courts
and the ability to construct and maintain roads etc.
➢ Implied power- A unique kind of powers, not specially
mentioned in the Constitution but are, nevertheless important
and necessary. The ‘necessary and proper clause’ in the
Constitution enjoins upon the Congress to make all laws which
shall be necessary and proper for carrying into execution the
foregoing powers.(Art.1 Sec.8 of the Constitution)
Federalism in Switzerland
Being a Federal State Switzerland comprised 26 cantons(States
herein known as Canton) divided into 2300 Communes.
The power, both the Political as well as Legislative, is divided
into Confederation,Cantons and Communes. All three political
levels have a legislative (law-making) and an executive
(government). Only the Confederation and the cantons have
judicial powers (courts).
Together with direct democracy, which offers the people the
option of launching popular initiatives and referendums,
federalism is one of the cornerstones of the Swiss political
system.
Federalism in Switzerland
• All 26 cantons are equally represented at the Federal Level except
the 6 half canton having power to have only one representative in
the Council of States, known as Bern.
• All 26 cantons have the right to launch a popular referendum on a
piece of federal legislation provided that at least eight cantons
express support for it.
• The powers of the Confederation are limited to those areas explicitly
entrusted to it by the Federal Constitution. Responsibility for all
other matters, such as education, health and policing, fall to the
cantons, which enjoy a high degree of policy-making autonomy in
these areas.
• As far as the Communes are concerned, their responsibilities are
explicitly granted by either the canton or the Confederation.
However they can legislates on matters explicitly not given to the
Cantons.
References
1. Austin, Granville, The Indian Constitution: The
Cornerstone of a Nation,OUP,Delhi,1999
2..https://www.eda.admin.ch/aboutswitzerland/en/home/
politik/uebersicht/foederalismus.html
3.https://courses.lumenlearning.com/americangovernme
nt/chapter/introduction-3/

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Comparative Government and

• The U.S. Constitution gives certain powers to the federal

➢ Delegated Powers-assigned to the Union Government in

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