FEDERALISM- GENERAL ASPECTS

Lijin Golden

From where the word Federalism is derived? What is Jurisdiction? Two forms of govt under democracy What is the meaning of Federal form of govt? What is the meaning of Unitary form of govt? Key features of Federalism? Key features of Unitary form of govt? Which are the nations are practicing- Federalism Which are the nations are practicing- Unitary Merits and demerits of federalism? Various routes of Federalism- Coming together

federation and holding together federation. How the powers divided between centre and state-

Union list, State list and Concurrent list.

From where the federalism is derived

The word federalism derived from latin word ‘Foedus’ which means Treaty or an agreement .

Jurisdiction 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 subject.

Two forms of Govt under Democracy Unitary Form of Government Federal Form of Government

Unitary form of government

Under this system the main powers are given to the Central Government. The central govt creates state govts, regional govts and local govts. They are the subordinate of central govt. They are enjoy the powers only transferred by Central govt.

Federal form of government

Is a system of govt in which the powers is divided between a Central authority and various constituent units of the country, both having independent powers.

Key features of Federalism There are two or more levels (tiers) of govt. Different tiers of govt govern the same citizens. Each tier has its own jurisdiction- specific

matters of legislation, taxation and administration. The jurisdictions of the respective levels or tiers of

govt are specified in constitution. The existence and authority of each tier of govt is constitutionally guaranteed.

Federalism- written and rigid constitution and cannot change easily. It is declared as the supreme law of the land.

There is a special Judicial authority (Courts) to interpret the constitution and powers of different levels of govt. The highest court acts as an umpire if disputes arise between different levels of govt in the exercise of their respective powers.

There is a separate allocation of revenue for the centre and state govt.

The federal system thus has dual objectives :

1. It should safeguard the country as well as promote the unity of the country.

2. To promote unity it should recognize and respect the regional diversity.

Thus the two levels of govt are expected to work together with trust and cooperation. Each level is expected to work its best towards the national and state issues, thus strengthening the entire country.

Key Features of Unitary It is a system of govt in which there is one

Central govt to run the entire country. The country may be divided in to units only for

administrative purposes. There is no strict division of power between

the centre and the units. The centre are the mere agents of the country. The power and authority to the units are

delegated to them by the Central govt. A country with unitary form of govt has single

citizenship.

World Nations under Federal & Unitary

FEDERAL FORM OF GOVT 192 Nations- Only 25 nations Federal form 40 per cent of world population. Most of the large countries of the World.

USA, Canada, Argentina, Australia, Austria, Belgium, Brazil, Germany, India, Mexico, Spain, Nigeria, Ethiopia, Venezuela, Russia, Malaysia, South Africa, Pakistan and Switzerland.

UNITARY FORM OF GOVT

Sri Lanka, France, Italy, Japan, UK, China and North Korea.

Merits of Federal form of Govt It is suitable for big countries with diversities.

It is enables to settlement of regional and local problems.

It prevents the concentration of power and check the power of the authoritarian government.

Greater efficiency in administration. The work is distributed between central

government and state government.

Demerits (Drawbacks) Federalism The power of state are reduced. Conflicts often arise in between Central and

State government. These disputes and struggles may hamper the

integrity of the nation. Inconsistencies in between the internal and

external affairs. Immediate legal remedies to meet the

changing in socio- economic circumstances

To find out different routes of Federalism

(or)Formation (origin) of Federal System- Explain

(or)To make a comparison between ‘Coming together’ federation and ‘holding together federation

(or)Meaning of ‘Coming together’ federation and ‘holding together federation

The balance of power between central and state govt varies from one federation to another.

This balnce depends mainly on the historical context in which the federation was formed.

There are two kinds of routes through which the federation have been formed.

1. Coming together federation

2. Holding together federation

Coming together federationUnder this route, various independent states agree to come together and form a single big unit. It helps in pooling all the resources for better and efficient management of all the states through one central unit. In this type of federation, all the states have equal powers among themselves and are strong in relation to the central government.

Eg : USA, Switzerland and Australia

Holding together federations

Under this route, a large units decides to share its powers between one central unit and several small units. The power is divided among the central authority and various state authorities. In this type of federation, states do not have equal power among themselves and the centre is relatively stronger in comparison to the state.

Eg : India, Spain and Belgium

(In India the central govt is more powerful to compare with state governments.)

How are powers divided between the state and Centre?

(or) Indian constitution clearly provided a

three fold distribution of legislative powers between centre and state- Discus

(or) Meaning- Union list, State list and

Concurrent list.

The Indian constitution clearly provided a three fold distribution of legislative powers between Union (central) government and State governments. It contains three lists.

UNION LISTS

STATE LIST

CONCURRENT LIST

UNION LISTIt includes the subject of national importance. The central govt alone can make decision on these matters. The aim of including these matters in union list is to ensure uniformity in the policy of these areas throughout the country.

It includes 97 subjects.

Defence, Finance, External affairs, Railway, Banking, Atomic energy, War and peace, Interstate migration, Currency, Communication, Duties of customs and census.

STATE LISTIt includes matters of State level importance. The state government alone can make decision on these areas.

It includes 66 Subjects

Police, Trade, Agriculture, Commerce, Irrigation, Public order, Public health and Sanitation and Fisheries

(Emergency period- Central govt will control these things)

CONCURRENT LISTIt include those subjects which are common interests to both the central as well as state governments. Both the central and state governments can make decision on these matters.

It includes- 47 subjects

Education, Forest, Marriage, Divorce, Population control, civil and criminal procedure and Trade unions

If any subjects do not fall in any of the three lists, according to Indian constitution , the union government has the power to legislate on these ‘residuary’ subjects. (what is left over)

Eg : Software/ IT

The power of Central govt to control these residuary subjects is known as ‘Residuary Power’