- Based on relation b/w centre & state
- Federal
- Unitary
- National govt = Federal govt = central govt = Union govt
Federal vs Unitary features of Govt
Federal Govt | Unitary Govt | |
---|---|---|
1 | Dual govt | Single govt |
2 | Written Constitution | Unwritten or written |
3 | DOP | No DOP |
4 | Supremacy of Constitution | May or may not |
5 | Rigid constitution | rigid or flexible |
6 | Independent J | may or may not |
7 | Bicameral Leg | Bicameral or unicameral |
- Federation = foedus (latin) = treaty or agreement
- Units of federation
- States - USA, India
- Cantons - Switzerland
- Provinces - Canada
- Republics - Russia
- Formation thro
- Integration - USA - weak states together
- Disintegration - Canada - big strong state into autonomous small state
- US - 1st & Oldest federation - 1787 - After American Revolution 1775 - 83
- India
- Reasons
- Large size
- Socio-cultural diversity
- A1 - Union of state not Federation of State bcos
- fed not result of agreement
- no rt to cede
- Based on Canadian model
- formation - disintegration
- Union of Canada or India
- centralising tendency
- Reasons
Federal features of the Constitution
- Dual Polity
- union at centre
- states at peripheral
- Written constitution
- specifies structure, org, powers and fn of state & centre
- Division of power
- 7th schedule
- Union List - 100(97)
- State List - 61(66)
- Concurrent List - 52(47)
- 7th schedule
- Supremacy of the constitution
- Rigid constitution
- Spl Majority + 50% states ratification
- Independent J
- Settle disputes b/w centre & state
- Bicameralism
Unitary feature of the constitution
- Strong Centre
- Overriding authority over concurrent list
- Residuary power
- More subjects to centre and increase over time
- States not indestructible
- Indestructible union of destructible states
- Single constitution
except J & K
- Flexibility of the constitution
- Less rigid than other federation
- Only parliament can initiate amendment except LC
- Most amendment - simple or spl majority
- No equality of state representation
- Emergency provision
- Single citizenship
- Integrated judiciary
- Enforce both federal & state law
- AIS
- Integrated Audit Machinery
- CAG audits both state & centre
- CAG is appointed and removed by prez without consulting states
- Parliaments authority over state list
- If RS passes resolution
- Appointment of Governor
- agent of centre like Canadian (US election)
- Integrated election machinery (US separate)
- Veto over state bills
- Prez has absolute veto not suspensive veto
Critical evalution of the federal system
- Tilting in BOP in favour of centre
- K C Wheare - Quasi Federal
- Unitary state with subsidiary federal feature rather than federal state with subsidiary unitary features
- K Santhanam - practically unitary state but formally & legally federal bcos
- dependence of states upon the central grants
- PC
- Paul Appleby - Extremely federal
- Morris Jones - Bargaining federalism
- Ivor Jennings - federation with a strong centralising tendency
- Mainly federal with unique safegaurds for enforcing national unity and growth
- Alexandrowicz - sui generis i.e unique in character
- Granville Austin - Cooperative federalism
- New kind of federation to meet India's peculiar needs
- BRA
- Federal - dual polity; independent leg & exe authority
- No federalism word - both unitary or federal acc. to requirements of time & circumstances
- Union not a league of states or states agencies of union
- Bommai Case 1994
- Constitution is federal & fed is BS
- Emergency is an exception & exceptions are not a rule - so ok
- Fed is not administrative convenience but one of principle
- Fed represents compromise b/w two conflicting considerations
- DOP & Autonomy
- National Integrity & Strong Union under exceptional circumstances