Federalism

Meaning of federalism:- in the words of prof k.C wheare

federalism means there is a single independent authority for
the whole area in respect of some matters and there are
independent regional authorities for the other matters.
Federalism is a system of government of a country under which
there exist simultaneously a federal or central government and
several state as contrasted with a unitary state
Both the central and the state governments derive their powers
from the constitution
Both are supreme in particular spheres and both operate
directly on the people
State government are not subordinate to the central
government
The distribution of legislative power between the center and
state is the core of any federal system
Essential features of
federalism
1) written constitution
2) distribution of power
3) supremacy of the constitution
4) authority of court
5) rigid constitution
Judicial interpretation

In state of Rajasthan v. union of India,

Beg C.J., said that Indian constitution is
more unitary than federal and having the
appearance of a federal structure

In Bommai case Ahmadi ,J.,described the

Indian constitution as quasi federal
because it is a mixture of the federal and
unitary elements, learning towards the
later
Unitary features in the Indian
constitution
1) appointment of the governors
2)parliament power to legislate in the national
interest
3) parliament power to form new states and alter
boundaries of existing state
4)emergency provision
5) single citizenship
6)repugnancy between a central law and a state
law
7) residuary power under the Indian constitution
are assigned to the union and not to the state.
The presence of a single judiciary with the
supreme court of India at the apex.
The exclusive right of parliament to propose
amendments to the constitution .
Absence of separate constitutions for the
states .
Unequal representation to the states in the
rajya sabha.
The presence of All –India Services which hold
key position in the centre.
On account of the presence of a large number
of non –federal features in constitution India is
often describe as a quasi federal country.
Comparison between Indian federalism
and the USA federalism
1) Written Constitution
2) Bill of Rights and Fundamental
Rights
3)  Supremacy of the Federal or Union
Government
4) Separation of powers
5) Powers of Checks and Balances
Differences between the federalism of
US and India
1) The Constitution of US is very rigid
than the Indian Constitution
2) While the US has the Presidential
form of Government, India has the
Parliamentary form of Government
3) Differences in the judicial system
between US and India
4)Difference in citizenship