AMITY UNIVERSITY

(LUCKNOW CAMPUS)

AMITY LAW SCHOOL

SUBJECT- COMPARATIVE PUBLIC LAW AND SYSTEMS OF
GOVERNANCE

TOPIC:
(Federalism in India: Strengths, Weaknesses, and Challenges)

SUBMITTED BY: SUBMITTED TO:

ASHUTOSH KUMAR PANDEY DR. RAJEEV KUMAR SINGH

(A8101824061)
SUBJECT- COMPARATIVE PUBLIC LAW AND SYSTEMS OF GOVERNANCE

Defining Federalism

Federalism, a system of government that divides power between a central

authority and constituent units, has been adopted by many nations around

the world. It offers a balance between centralized authority and regional

autonomy, aiming to prevent the concentration of power and promote

diversity.

Brief Overview of Indian and American Federal

Systems

Both India and the United States have adopted federal systems of

government, although with distinct characteristics. The Indian

Constitution, enacted in 1950, established a federal structure with a strong

central government and powerful states. The United States Constitution,

ratified in 1788, also divides power between a federal government and

state governments. However, the American federal system leans towards

a stronger emphasis on state sovereignty.

In the following sections, we will delve deeper into the distribution of

powers between the central and state governments in these two federal

systems.

Indian Constitution: Key Federal Features

The Indian Constitution, one of the world's lengthiest, is a testament to the

country's commitment to federalism. It establishes a complex system that

balances the powers of the central government and the states. Key federal

features of the Indian Constitution include:

1. Division of Powers:

 Union List: This list enumerates subjects on which the central

government has exclusive legislative power. It includes defense,

foreign affairs, currency, and communications.

 State List: This list outlines subjects on which state governments

have exclusive legislative power. It includes public order, police,

agriculture, and local self-government.

 Concurrent List: This list contains subjects on which both the

central and state governments can legislate. It includes education,

forest, and trade unions.

2. Bicameral Legislature:

 Lok Sabha (House of the People): The lower house is directly

elected by the people and represents the people of India.

 Rajya Sabha (Council of States): The upper house is indirectly

elected by the state legislatures and represents the states.

3. Strong Center:

 The Indian Constitution grants significant powers to the central

government, especially in matters of national importance.

  The central government can intervene in state matters under

certain conditions, such as during emergencies or to ensure law and

order.

4. Cooperative Federalism:

 The Indian Constitution promotes cooperative federalism,

emphasizing collaboration between the central and state

governments.

 The central government provides financial assistance to states

through various schemes and grants.

5. Judicial Review:

 The Supreme Court of India has the power to review the

constitutionality of central and state laws.

 It also resolves disputes between the central and state

governments.

US Constitution: Key Federal Features

The US Constitution, a relatively brief document, establishes a federal

system with a strong emphasis on state sovereignty. Key federal features

of the US Constitution include:

1. Division of Powers:

 Enumerated Powers: The US Constitution grants specific powers

to the federal government, such as the power to coin money,

regulate interstate commerce, and declare war.

 Reserved Powers: The Tenth Amendment reserves powers not

delegated to the federal government to the states or the people.

  Concurrent Powers: Both the federal and state governments

share certain powers, such as the power to tax and borrow money.

2. Bicameral Legislature:

 House of Representatives: The lower house is directly elected by

the people based on population.

 Senate: The upper house is composed of two senators from each

state, regardless of population.

3. Strong States:

 The US Constitution grants significant powers to the states,

particularly in areas such as education, law enforcement, and public

health.

 States have the power to ratify constitutional amendments and

elect senators.

4. Federalism and Individual Rights:

 The Bill of Rights, the first ten amendments to the US Constitution,

protects individual liberties and limits the power of both the federal

and state governments.

 The Supreme Court plays a crucial role in interpreting the

Constitution and ensuring the balance of power between the federal

and state governments.

In conclusion, both India and the United States have adopted federal

systems, but with significant differences in their constitutional

frameworks. While India has a strong central government with a focus on

cooperative federalism, the US has a more balanced system with a strong

emphasis on state sovereignty.

Legislative Powers

Central Legislative Powers

The Indian Constitution grants the central government exclusive legislative

power over a wide range of subjects, enumerated in the Union List. These

subjects are crucial for national unity, security, and economic

development. Some of the key subjects on the Union List include:

 Defense: The central government has exclusive authority over the

armed forces, defense industries, and national security.

 Foreign Affairs: The central government handles diplomatic

relations, international treaties, and foreign trade.

 Currency and Coinage: The central government has the power to

issue currency and regulate the monetary system.

 Communications: The central government regulates

telecommunications, broadcasting, and postal services.

State Legislative Powers

State governments in India have exclusive legislative power over subjects

listed in the State List. These subjects are primarily related to matters of

local importance, such as:

 Public Order: State governments maintain law and order within

their respective territories.

 Police: State governments are responsible for the police force and

law enforcement.
  Agriculture: State governments implement agricultural policies

and programs.

 Local Self-Government: State governments oversee the

functioning of local bodies like municipalities and panchayats.

Concurrent List

The Concurrent List contains subjects on which both the central and state

governments can legislate. In case of a conflict between a central law and

a state law on a concurrent subject, the central law prevails. Some of the

subjects on the Concurrent List include:

 Education: Both the central and state governments can legislate

on education policy and standards.

 Forest: Both the central and state governments can enact laws

related to forest conservation and management.

 Trade Unions: Both the central and state governments can

legislate on labor laws and trade union rights.

Executive Powers

Central Executive Powers

The President of India is the head of state and the nominal head of the

executive. However, the real executive power is vested in the Prime

Minister and the Council of Ministers. The central government exercises

executive power over subjects on the Union List and the Concurrent List.

Key executive functions of the central government include:

 Administration: The central government administers the country's

affairs through various ministries and departments.

  Defense: The central government is responsible for the defense of

the country.

 Foreign Policy: The central government formulates and

implements foreign policy.

 Economic Planning: The central government plans and

implements economic policies.

State Executive Powers

The Governor is the head of a state government, but the real executive

power is vested in the Chief Minister and the Council of Ministers. State

governments exercise executive power over subjects on the State List and

the Concurrent List. Key executive functions of state governments include:

 Law and Order: State governments maintain law and order within

their territories.

 Public Health: State governments implement public health

programs and policies.

 Agriculture: State governments promote agriculture and rural

development.

 Education: State governments are responsible for primary and

secondary education.

Concurrent Executive Powers

Both the central and state governments can exercise executive power

over subjects on the Concurrent List. In case of a conflict, the central

government's decision prevails.

Judicial Powers

Supreme Court and High Courts

The Indian judicial system is a hierarchical structure with the Supreme

Court at the apex. High Courts are established in each state and union

territory. The Supreme Court and High Courts have the power to interpret

the Constitution and resolve disputes between the central and state

governments.

Federalism and Judicial Review

Judicial review is a fundamental aspect of federalism in India. The

Supreme Court has the power to declare laws passed by the central or

state legislatures unconstitutional if they violate the provisions of the

Constitution. This power ensures that the federal structure is upheld and

that the rights of citizens are protected.

The Supreme Court has played a crucial role in interpreting the federal

provisions of the Constitution and resolving disputes between the center

and states. It has upheld the federal balance by ensuring that neither the

central government nor the state governments encroach upon each

other's powers.

Conclusion

The Indian federal system, characterized by a strong central government

and powerful states, has evolved significantly since its inception. The

distribution of powers between the center and the states, as outlined in

the Constitution, has shaped the country's political and economic

landscape. While the system has faced challenges, it has also proven to be

resilient and adaptable.

The Indian federal system differs significantly from the American federal

system. While the US system emphasizes state sovereignty, the Indian

system leans towards a stronger central government. However, both

systems share the common goal of balancing national interests with

regional aspirations.

In recent years, there has been a growing emphasis on cooperative

federalism, which involves collaboration between the center and the

states. This approach has led to the implementation of several successful

development programs. However, challenges such as inter-state disputes,

regional imbalances, and the need for fiscal federalism continue to persist.

To ensure the long-term success of Indian federalism, it is essential to

strike a balance between the powers of the center and the states. A

cooperative approach, coupled with effective dispute resolution

mechanisms, can help address the challenges and strengthen the federal

fabric of India.