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Understanding Federal Government Features

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Anoushka Keswani
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684 views4 pages

Understanding Federal Government Features

Uploaded by

Anoushka Keswani
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Federal form of government

Introduction

The word federalism has been derived from the word Federation and it has been derived
from the Latin word-Foedus which means treaty or agreement.

Federal government is the one where there is pure division of powers between the centre
and the state.

Political system of the world are either federal or unitary or a mixture of both. While countries
like USA, Switzerland, Canada should be placed in the category of federal states, others like
Britain, France, Sri Lanka and China are examples of unitary states.

Different from both, some countries having a system based on the principles of the division
of powers along with very high level of concentration of powers in the hands of central
government are treated as quasi-federal example India.

Jurists on Federalism

According to Finer,
a federal state is one in which part of authority and power is vested in the local areas while
another part is vested in the central institution deliberately constituted by an association of
the local areas

According to AV Dicey,
A federal state is nothing but a political contrivance intended to reconcile national unity with
maintenance of state rights.

Features of federalism

1. Two sets of Government

In a unitary state as the name indicates there is only one government i.e. the Central
government. In a federation two sets of governments co-exist. The national government and
the government of each constituent State. These two governments derive their powers from
the same source i.e the Constitution

2. Division of Powers

Powers between central government and state government have been divided by
Constitution in the federal form of government . Both central and state governments have
separate power and responsibilities.

The 7th schedule of Indian constitution consists of union list, state list, and concurrent list.

Union list
* It contains all the matters on which only central government can make laws.
State list
* It contains all the matters on which state government can make laws.
Concurrent list
* It contains all the matters on which both central and state government can make laws.

3. Constitution being supreme

The constitution is said to be the main source of power to all the three wings of Indian
democracy – the legislative, the executive, and the Judiciary. Supremacy of the constitution
is important for the coordinated and smooth functioning of the democracy

4. Written and rigid Constitution

The other feature of federal government is that it has a written and a rigid constitution.

The Constitution is expected to be written and rigid enough so that neither centre nor the
states may change it at their own will.

Rigidity doesn’t mean that no change is allowed, it just states that the basic structure
remains static.

5. Independence of judiciary:

There should be an independent institution to settle the disputes with regard to the
jurisdiction of the centre and states i.e the judiciary.

6. Bicameral Legislature

Bi cameral legislature is an another feature of the federal government for an instance in India
we have the lower house (Lok Sabha) and the upper house (Rajya Sabha).

Bicameral legislation helps in making a perfect amendment or a bill that is beneficial for the
welfare of the society as here every amendments need the approval of both houses.

ADVANTAGES OF FEDERALISM
The following are the advantages of federalism:
1. Efficient working management

Federalism plays an important role in efficient working management as the powers are
distributed between centre and state

2. As a Safeguard against tyranny ( powers ka misuse)


Federalism also acts as a safeguard against tranny as both the government has power and
no single government make a monopoly.

3. separation of powers

In the federal system, the power has been distributed between the centre and the state.
Hence, they are equally responsible to people and have the power to make laws.

4. written constitution

Here every detail is codified.

5. encourage citizen participation

People have equal say in the parliament and also the common man has the right to elect
them.

6. Rigid constitution

There is a bar to amend the laws, each and every law cannot be changed according to our
convince.

7. Special and separate Judiciary

There is no interference of the other organs of the government. Judiciary in a federal form
holds a separate position and has the utmost power.

8. More efficient

As the powers are divided, the work load is less and the work done is more efficient.

DISADVANTAGES OF FEDERALISM

1. Conflict of Authority

As the powers are divided there is always a conflict regarding who holds the greater power.
Both central and state government intend to assert their power over the other which at time
causes conflict between them.

2. It is expensive to operate

Apparently, federalism is an expensive system of government because a lot of money is


needed to maintain a separate government for centre and state.

This is a big disadvantage of federalism because many nations can not afford a separate
government.
3. Federalism usually have a rigid constitution

Having a rigid constitution is an advantage and a disadvantage too as even in time of


emergency the constitution can not be easily amended.

4. Separatism

Due to social differentiation in the levels of government there is a growth of separatist idea
among society.

5. Slow decision making

Decisions making in federal form is slow due to extensive consultations in both the houses.

Common questions

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The 'concurrent list' in federal governance refers to subjects on which both central and state governments can legislate. This shared authority can lead to collaborative policymaking but may also result in legislative conflicts requiring judicial intervention to resolve discrepancies and ensure coherence in laws .

The independence of the judiciary in a federal system ensures an impartial body to arbitrate disputes between different government levels. This helps maintain the constitution as the supreme law, settling jurisdictional conflicts and preventing one branch from infringing on the autonomy of others, thereby upholding the federal structure .

In a federal government system, a bicameral legislature allows for more thorough scrutiny of legislation, requiring approval from both houses, which helps in shaping laws that are more beneficial for society. This structure promotes balanced governance by ensuring that legislation receives extensive consideration .

Federalism is considered more expensive because it requires the maintenance of both central and multiple state or regional governments. This dual structure necessitates additional financial resources to fund separate legislative bodies, bureaucracies, and enforcement agencies at each level .

A rigid constitution in a federal system denotes that constitutional amendments require a significant consensus, making it difficult to alter foundational legal structures. While this rigidity ensures stability and consistency, providing a safeguard against frivolous changes, it can also hinder responsiveness and adaptability in times of emergency .

Federalism mitigates the risk of tyranny by distributing power across multiple levels of government, thus preventing any single entity from monopolizing authority. Both central and state governments have legislative powers, ensuring checks and balances that safeguard against the misuse of power .

Slow decision-making in federalism, while often seen as a disadvantage due to prolonged consultations between different governance levels, can also be viewed as an attribute that ensures thorough scrutiny and debate of policies. This deliberative process prevents hasty decisions, potentially leading to more comprehensive and well-considered outcomes .

Federalism encourages citizen participation by allowing individuals to have a say in both national and state-level elections. Citizens possess the right to elect representatives in various governments, increasing their direct involvement in governance and enhancing democratic engagement .

Potential conflicts in a federal system stem from ambiguity in the division of powers, leading to disputes about jurisdictional authority. Central and state governments may contest over who holds more power, resulting in legal and administrative clashes which can impede efficient governance .

Federal political systems are characterized by a division of powers between national and regional governments, each with its own areas of authority derived from a common constitution. Unitary systems, on the other hand, concentrate power in a central government, with little or no delegation to regional authorities .

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