AMITY UNIVERSITY

(LUCKNOW CAMPUS)

AMITY LAW SCHOOL

SUBJECT- COMPARATIVE PUBLIC LAW AND SYSTEMS OF
GOVERNANCE

TOPIC:
(Federalism in India and the UK: A Comparative
Perspective)

SUBMITTED BY: SUBMITTED TO:

ASHUTOSH KUMAR PANDEY DR. RAJEEV KUMAR SINGH

(A8101824061)

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.