Federal System of Government

October 6, 2019
Polity, System of Government

In general, governments are classified into two types,

  • A Unitary System
  • and A Federal System

This classification is based on the nature of relations between the central government and state government.

In the previous post, we have discussed the Parliamentary and Presidential System of government. So, now we will discuss the Federal and Unitary System of government.

Unitary GovernmentFederal Government
1. All powers vested in the national government.
2. State governments derive their powers from the national government.
3. Britain, France, Japan, China, Italy, Belgium, Norway, Sweden, Spain are examples of Unitary Government.
1. Powers are divided between the national and state governments.
2. Constitution does this distribution of powers.
3. Both operate in their respective jurisdiction.
4. The United States, Switzerland, Australia, Canada, Russia, Brazil, Argentina are examples of the federal model of government.

The Constitution of India provides a federal system of government in the country. The two main reasons for adopting the federal system are

  • The vast geographical distribution of the country and
  • Its socio-cultural diversity.

But soon after the commencement of the Constitution, the founding fathers of the Constitution realised that the federal system is not the only a solution to cater to a vast population of different cultural diversity.

So, they featured government like Federal with Unitary Bias structure. This structure of government not only ensures efficient governance but also reconciles national unity with regional autonomy.

The following diagram shows the features of Federal and Unitary Government,

Comparison between the federal system and unitary system
Comparison between the federal system and the unitary system

Actually, there are not only these two types of government systems. One more system is there, which is Confederation. Let’s have a look at the below diagram to understand basic difference among these three types,

System of Government
System of Government

Federal System features of the Constitution

Dual Polity

The Constitution establishes a dual polity consisting of the Union at the centre and the states at the periphery. 

Union Government at the centre and State Government at the periphery
Union Government at the centre and State Government at the periphery

Each is given with sovereign powers to be exercised in the field assign to them.

The Union government deals with matters of,

  • National importance like defence,
  • Foreign affairs,
  • Currency,
  • Communication and so on.

The state governments, look after the matters of,

  • Regional and local importance like public order,
  • Agriculture,
  • Health,
  • Local government and so on.

Written Constitution

The Constitution is not only a written document but also the lengthiest Constitution of the world. So, it actually specifies the structure, organisation, powers, and functions of both the Central and state governments.

Rigid Constitution

The division of powers established by the Constitution and to maintain the supremacy of the Indian Constitution method of its amendment is rigid. So, here we have a feature that those provisions which are concerned with the federal system 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 it should also have the approval of half of the state legislatures.

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
  • two, to settle the disputes between the Centre and the states or between the states.

The Constitution contains various measures like

  • The security of tenure to judges,
  • Fixed service conditions to make the judiciary independent of the government.

The supremacy of the Constitution

The Constitution is the supreme law of the land. So, the laws enacted by the Centre and the states must conform to its provisions.

Otherwise, the constitution has a check on this in the form of Judiciary. Supreme Court and High Court can declare any law which does not conform to the constitution, as invalid.

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. We found a description of these lists in the Seventh Schedule of the Indian Constitution.

The Union List consists of 100 subjects, the State List 61 subjects and the Concurrent List 52 subjects. 

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. 

Bicameralism

The Constitution provides for a bicameral legislature consisting of an Upper House (Rajya Sabha) and a Lower House (Lok Sabha). So, 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 system by protecting the interests of the states against the undue interference of the Centre.

There are few states and UT in India, with Bicameral legislature,

  • Jammu and Kashmir (now a Union Territory),
  • Uttar Pradesh,
  • Maharashtra,
  • Karnataka,
  • Telangana,
  • Andhra Pradesh and
  • Bihar.
The Indian States with Bicameral Legislature
The Indian States with Bicameral Legislature

Thanks and Stay Civilized. 😊

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