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.
The distribution of legislative power between the center and state is the core of any federal system.
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