Federal Form of Government: Division of Power

Q: Explain federal form of Government.

A Federal Government is a system of governance where power is constitutionally divided between a Central (Union) authority and various constituent units (States or Provinces). Both levels of government operate within their respective spheres and derive their authority directly from the Constitution.

Salient Features of Federalism

  • Dual Polity: The existence of two levels of government—the Union at the national level and the States at the regional level, each with specific jurisdictions.
  • Written Constitution: A federal system requires a written document to clearly define the division of powers and prevent disputes between the tiers.
  • Supremacy of the Constitution: The Constitution is the "Supreme Law of the Land." Neither level of government can unilaterally alter the federal balance.
  • Rigid Constitution: The provisions concerning federal structure can only be amended with the joint consent of both the Centre and the States.
  • Independent Judiciary: An independent court system (e.g., the Supreme Court of India) acts as an umpire to resolve inter-governmental disputes and uphold the Constitution.
  • Bicameralism: Most federations have a legislature with two houses, where the Upper House (Rajya Sabha in India) represents the interests of the States.

The Nature of Indian Federalism

India is often described as a "Quasi-federal" state (by K.C. Wheare) or a "Union of States" (Article 1). While it has all the federal features listed above, it also possesses Unitary features such as a single Constitution, single citizenship, and the appointment of Governors by the President.

Definition of Key Term

Division of Powers: The constitutional allocation of legislative, executive, and financial powers between the Centre and States. In India, this is detailed in the 7th Schedule.

Conclusion

A federal form of government is essential for a large, diverse country like India to balance National Unity with Regional Aspirations. The modern trend is toward Cooperative Federalism, where the Centre and States work as partners in progress, a philosophy reflected in the working of the GST Council and NITI Aayog.


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