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Dr. Jyoti S Dharm
Assistant. Professor
Constitutional law II
Federalism
Meaning of federalism:- in the words of prof k.C wheare
federalism means there is a single independent authority for the
whole area in respect of some matters and there are independent
regional authorities for the other matters.
 Federalism is a system of government of a country under
which there exist simultaneously a federal or central
government and several state as contrasted with a unitary
state.
 Both the central and the state governments derive their
powers from the constitution.
 Both are supreme in particular spheres and both operate
directly on the people.
 State government are not subordinate to the central
government.
Essential Features of
Federalism
 Written Constitution
 Distribution of Power
 Supremacy of the Constitution
 Authority of Court
 Rigid Constitution
Judicial Interpretation
 In state of Rajasthan v. union of India, Beg
C.J., said that Indian constitution is more
unitary than federal and having the
appearance of a federal structure
 In Bommai case Ahmadi ,J.,described the
Indian constitution as quasi federal because it
is a mixture of the federal and unitary
elements, learning towards the later
Unitary Features In The
Indian Constitution
 appointment of the governors
 parliament power to legislate in the national
interest
 parliament power to form new states and alter
boundaries of existing state
 emergency provision
 single citizenship
 repugnancy between a central law and a state law
 residuary power under the Indian constitution are
assigned to the union and not to the state.
 The presence of a single judiciary with the
supreme court of India at the apex.
 The exclusive right of parliament to
propose amendments to the constitution .
 Absence of separate constitutions for the
states .
 Unequal representation to the states in the
rajya sabha.
 The presence of All –India Services which
hold key position in the centre.
 On account of the presence of a large
number of non –federal features in

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Constitutional law ii c

  • 1. Dr. Jyoti S Dharm Assistant. Professor Constitutional law II
  • 2. Federalism Meaning of federalism:- in the words of prof k.C wheare federalism means there is a single independent authority for the whole area in respect of some matters and there are independent regional authorities for the other matters.  Federalism is a system of government of a country under which there exist simultaneously a federal or central government and several state as contrasted with a unitary state.  Both the central and the state governments derive their powers from the constitution.  Both are supreme in particular spheres and both operate directly on the people.  State government are not subordinate to the central government.
  • 3. Essential Features of Federalism  Written Constitution  Distribution of Power  Supremacy of the Constitution  Authority of Court  Rigid Constitution
  • 4. Judicial Interpretation  In state of Rajasthan v. union of India, Beg C.J., said that Indian constitution is more unitary than federal and having the appearance of a federal structure  In Bommai case Ahmadi ,J.,described the Indian constitution as quasi federal because it is a mixture of the federal and unitary elements, learning towards the later
  • 5. Unitary Features In The Indian Constitution  appointment of the governors  parliament power to legislate in the national interest  parliament power to form new states and alter boundaries of existing state  emergency provision  single citizenship  repugnancy between a central law and a state law  residuary power under the Indian constitution are assigned to the union and not to the state.
  • 6.  The presence of a single judiciary with the supreme court of India at the apex.  The exclusive right of parliament to propose amendments to the constitution .  Absence of separate constitutions for the states .  Unequal representation to the states in the rajya sabha.  The presence of All –India Services which hold key position in the centre.  On account of the presence of a large number of non –federal features in