Federal System

Federal System

Classification of System
  • Unitary Government 
    • Most of the powers only with government at the centre
    • Single Government
    • Maybe written or unwritten
    • No division of Power
    • Constitution may(Japan) or may not(Britain) be supreme
    • Constitution may(France) or may not(Britain) be rigid
    • Judiciary may or may not be independent
    • Bicameral (Britain) or Unicameral (China) Legislature
  • Federal Government 
    • Distributed powers with centre and state, both operate in their respective jurisdiction 
    • Dual Government
    • Written Constitution
    • Division of Power
    • Supremacy of Constitution
    • Rigid Constitution 
    • Independent Judiciary 
    • Bicameral Legislature
 
Reason for Federal System
  • Large size of Country
  • Cultural diversity
The word “Federation” is not used rather “Union of States” is used in the Constitution 
  • India is not a result of agreement amongst states
  • States have no right to secede
 
Features of Federal Government
  • Dual Polity
    • At Centre 
    • At State
  • Written Constitution
  • Division of Powers
    • Union List (100)
    • State List (61)
    • Concurrent List (52)
  • Supremacy of Constitution
    • Law of Land
    • Judicial Review
  • Rigid Constitution
  • Independent Judiciary
    • Disputes between centre and state
    • Security of Tenure of Judges 
  • Bicameralism
    • Two houses
 
Unitary Features adopted by India
  • Strong Centre
  • States not Indestructible 
  • Single Constitution
  • Flexibility of Constitution
  • No equality of State representation 
  • Emergency Provisions
  • Single Citizenship 
  • Integrated Judiciary 
    • Supreme Court > High Court > Subordinate Courts
  • All India Services
  • Integrated Audit Machinery 
  • Parliament’s Authority over State List
  • Appointment of Governor
  • Integrated Election Machinery 
    • Election Commission conducts both Central and State elections
    • State EC conducts local elections
  • Veto over State Bills

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