FEDERALISM VS UNITARY SYSTEM OF GOVERNANCE

Submitted by:

Yashansh Mishra – 2021BALH07ASL010

Anju Ajith – 2021BALH07ASL003

Neharica Menon – 2021BALH07ASL002

BA-LLB (Hons.)

2021-2026

Subject: Constitutional Law

Submitted to:

Prof. Shreshth Bhatnagar

Alliance School of Law

Alliance University, Bengaluru

Date of Submission: 07/11/2022

 Abstract

There has been much written on the purported benefits and drawbacks of federal and unitary
systems of government, but little actual research has been done on how these systems affect
the effectiveness of governance. Which system fosters greater social, political, and economic
outcomes—federal or unitary? The study examines a number of theoretical arguments made
by proponents of federalism, such as the size of government, fiscal federalism, veto points,
and competition between subnational governments.

Concerns regarding the practical effects of federalism on governance are reasonable in each
situation. The impact of unitary systems on fifteen measures of political, economic, and
human development is then examined through a series of cross-national empirical studies that
span several decades. The majority of the time, there is a clear empirical link between
Unitarianism and effective government. Unitary systems appear to hold unique advantages
over federal ones, to the extent that these constitutional arrangements matter.
 TABLE OF CONTENTS

1. Chapter 1- INTRODUCTION

1.1. Introduction-------------------------------------------------------------------------------

1.2. Research Problem-------------------------------------------------------------------------

1.3. Existing Legal Solution----------------------------------------------------------------------

1.4. Literature Review-------------------------------------------------------------------------

1.5. Scope and Objective----------------------------------------------------------------------

1.6. Research Questions-----------------------------------------------------------------------

1.7. Methodology-------------------------------------------------------------------------------

2. Chapter 2 – IS FEDERAL SYSTEM OF GOVERNANCE BETTER THAN

UNITARY SYSTEM OF GOVERNANCE?

3. Chapter 3 – HOW IS FEDERAL SYSTEM OF GOVERNANCE DIFFERENT

FROM UNITARY SYSTEM OF GOVERNANCE?

4. Chapter 4 – CONCLUSION

5. REFERENCE
 CHAPTER 1: INTRODUCTION

1.1 INTRODUCTION

Absolute monarchies were the first states to form in Europe during the early modern era.
The king held the majority of the power in these hierarchical or organic states. However,
as their economies changed, culminating in the industrial revolution, so did political
beliefs about how people should be governed. In the latter half of the 18th century, the
American and French revolutions overthrew monarchies and established republican and
democratic systems of governance. The rulers understood the need for decentralisation
even in nations where democratic concepts were not widely accepted. They also
understood that a central authority cannot handle all of the power. Unitary and federal
systems were the two main political structures that developed as a result of the division
of authority among the many political subdivisions of a state. The lines between the
unitary and federal have blurred due to the changing character of the state and economy
in the years following World War II. The majority of political systems in use today have
both unitary and federal elements. Therefore, we must determine whether a government
is fundamentally federal or fundamentally unitary. We will discuss the development of
these two systems of governance as well as their fundamental characteristics in this unit.
1.2 RESEARCH PROBLEM

Federalism form of governance has disadvantages as well. The biggest ones include state-to-
state economic inequalities, "race to the bottom" dynamics and the challenge of acting on
matters of national significance. Federal answers to significant national challenges have been
put in jeopardy or outright prevented by the federal design of our Constitution and the system
of checks and balances. At first, the Supreme Court overturned President Roosevelt's
attempts to fight the Great Depression. A unitary system of government typically causes
problems for ethnic groupings. A tiny nation can have several different ethnic groupings. Due
to possible underrepresentation in the centre, their voices might not be heard. Even the
dictatorship of the central authority could be facilitated by the concentration of power.

This research paper aims to solve the problem on whether a federal system of governance or a
unitary system of governance is a better form of governance for the country.
1.3 1EXISITING LEGAL SOLUTION

According to Parts V (The Union) and VI (The States) of the Constitution, which are outlined
in Article 1 (1), India is a Union of States. States, union territories, and other acquired areas
are considered to be territories of India, according to Article 1(3). The Seventh Amendment
created the idea of union territory.

1.4 LITERATURE REVIEW

1. Federalism In India, Towards a fresh balance

In this book Lancy Lobo, Mrutuyanjaya Sahu, and Jayesh Shah, discuss the
importance, effectiveness, and greatness of federalism as one of the world's most
significant political institutions today. They also discuss how the federal system has
greatly benefited India in terms of advancing democracy, bolstering national unity,
and achieving a level of economic progress that is equitable. But in the late 1990s, we
saw the decline of national political parties, the rise of coalition politics, and a change
in the balance of power between the centre and the state.

2. V.N. Shukla, Constitution of India 

One of the most reliable books on the Indian Constitution is written by V.N. Shukla. It
contains a thorough study of a significant Supreme Court case. This book served as an
excellent study and reference resource throughout this research project, and it was
frequently consulted to comprehend the sections of the Indian Constitution governing
services.

3. The Constitution of India: A Contextual Analysis by Arun K Thiruvengadam

1
Article 1(1) - India, that is Bharat, shall be a Union of States.
Article 1(3) - The territory of India shall comprise.
Lancy Lobo, Mrutuyanjaya Sahu, Jayesh Shah – Federalism in India towards a fresh balance .
V.N.Shukla – Constitution of India.
 2
With a focus on the larger socio-political environment, this book offers an overview
of the content and operation of the Indian Constitution. It focuses on the fundamental
values and key institutions of constitutional governance established in 1950 by the
longest written constitution in history.
4. Constitutional law of India, Dr J N Pandey
Dr.J.N.Pandeys book, Constitutional law of India it states that the word "federation" is
not used specifically in the Indian constitution. Instead, India, or Bharat, should be a
Union of States, according to Article 1 of the Constitution. The fundamental
distinction between a unitary system and a federal system is that, under the former,
the written constitution, which serves as both the source of authority for the Center
and State Governments, establishes the boundaries of power between the national and
sub-national governments. In a federal constitution, the federal and state governments
are given different levels of authority and are each sovereign in their own sectors. The
division of legislative authority between the union and the states in India is outlined in
great depth in the Seventh Schedule of the constitution, which is divided into three
lists: the Union List, the State List, and the Concurrent List. Currently, everyone
agrees that the American Constitution is the best illustration of a federal constitution.

1.5 SCOPE AND OBJECTIVE

2
Arun.K.Thiruvengadam – The constitution of India : A contextual analysis.
Dr.J.N.Pandey – Constituational law of India.
Basically the paper focuses on the federal and unitary system of government and how the
powers are divided among each system. Along with this the paper also tries to bring out
which system is better for the country and which is best

1.6 RESEARCH QUESTIONS

I. Is Federal system of governance better than unitary system?

II. Is Unitary form of government really democratic?

1.8 RESEARCH METHODOLOGY

The study's goal is to familiarise itself with and learn more about the federal and unitary
system of governance. It is based on secondary data that has been obtained from different
sources, including journals. This source will also assist us in making comparisons for a
deeper comprehension of the study questions.

1.8 TENTATIVE CHAPTERS

CHAPTER 1: INTRODUCTION

CHAPTER 2: IS FEDERAL SYSTEM OF GOVERNANCE BETTER THAN UNITARY

SYSTEM?

CHAPTER 3: HOW IS FEDERAL SYSTEM OF GOVERNANCE DIFFERENT FROM

UNITARY SYSTEM OF GOVERNANCE?

CHAPTER 4: CONCLUSION
 3
CHAPTER 2: IS FEDERAL SYSTEM OF GOVERNANCE BETTER THAN
UNITARY SYSTEM?

Depending on how the centre and the states are related, a nation's government can be
categorised as federal, unitary, or confederate. Power is vested in the centre of some nations
(unitary government), while it is shared between the centre and political subdivisions like
states or provinces (federal government), and in some, it is vested in the state (confederation).
A style of governance known as a federal structure divides authority between the
center/union and the state. The state governments may get authority delegations from the
federal government. There is a decentralised federal structure. In other words, multiple local
offices or authorities rather than a single one rule and administer the nation under this form of
government. Additionally, the state has some independent rights under this system.
Additionally, each level of government has its own unique collection of administrative tools.
But the central or national government controls all aspects of foreign policy, national
security, and all forms of international interactions. Several nations, including the United
States, Germany, Mexico, and Brazil, have a federal system of government.
Some of the advantages of a federal system of government are:
 Dictatorship develops as a result of power concentration. The federal structure
protects the division of powers, which deters tyranny or dictatorship.
 This arrangement is effective for governance and administration since authority is
shared between the union and the state.
 Provinces or states have some unique or separate rights.
 The separation of powers between the federal and state governments allows for
excellent resource use. The national government can concentrate more on foreign
policy and national defence while the state governments can take care of local issues.

3
Article 1(1) - India, that is Bharat, shall be a Union of States.
Article 1(3) - The territory of India shall comprise.
Unitary system – A system of political organization in which most or all of all the governing power resides in a
centralised government, in contrast to a federal state.
 4
CHAPTER 3: HOW IS FEDERAL SYSTEM OF GOVERNANCE DIFFERENT
FROM UNITARY SYSTEM OF GOVERNANCE?

 Authorities are divided into federal or unitary categories based on the type of
interaction that exists between the federal government and the state governments. The
way that authority is divided among both of these systems of government is different,
among other things.

Unitary system of government

A central government is the country's top controlling body within a unitary government, on
the other hand. It is a distinct kind of government in which the national government already
has authority. A unitary government is a system of administration in which the central
authority, or central government, exercises full authority. This central government is the
supreme authority of powers in a unitary state. Today, a unitary system of government is
present in the vast majority of nations. This type of unitary government is found in nations
like Japan, the United Kingdom, France, Italy, and others.

Federal system of government

National and municipal governments are allowed to operate independently within their
respective jurisdictions by the federal government. In contrast, a federal government is a dual
type of government in which local and national governments have equal authority. National
and state or local governments make up the two layers of governance that the federal
government designates. Municipal and national governments are both allowed to run their
operations independently within their respective jurisdictions. In nations including the United
States, Australia, Russia, and Canada, federal governments exist.

4
A unitary state – State governed as a single entity in which the central government is the supreme authority.
Article 1 Section 8 – Federalism and the overall scope of federal power.
 CHAPTER 4: CONCLUSION

Because it can refer to a variety of federations, federalism is a difficult concept to define. The
self-rule is, however, defined geographically in the region of the ethnic groups because this
study focuses on territorial minorities, whereas shared rule is more operationalized in the
central government. A decentralised unitary state, for example, differs from the conventional
unitary state in that "the state is not identified with the national government, but national,
provincial, and municipal administrations are viewed as compound, internally complicated
organic elements of the total state." Therefore, we can draw the conclusion that a federal
system of government is more beneficial to and better for the nation as a whole.
 REFERENCES/WEBILIOGRAPHY

- https://www.jstor.org/stable/1601342#metadata_info_tab_contents-

- https://archive.org/details/jn-pandey.-the-constitutional-law-of-india-edition-
tenth/page/n37/mode/2up

- https://www.bloomsburycollections.com/book/the-constitution-of-india-a-
contextual-analysis/ch1-origins-and-crafting-of-the-constitution?from=search

-https://journals.sagepub.com/doi/10.1177/019251297018003002