Polity notes · Chapter 10 of 19

Federal System

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Federal System

CharacteristicFederal GovernmentUnitary Government
Division of PowerConstitution divides power between the center and states, both operate independently. e.g., USACentral government has all powers; states (if any) derive power from the center. e.g., Britain
Type of GovernmentDual governmentSingle government, which may create regional governments
ConstitutionWritten constitutionMay be written (France) or unwritten (Britain)
Division of PowersPowers are divided between different levels of governmentAll powers are held by the national government
Supremacy of ConstitutionMay be supreme (e.g., Japan), or not (e.g., Britain)
Flexibility of ConstitutionRigid constitutionRigid (France), flexible (Britain)
JudiciaryIndependent judiciary may or may not be present
LegislatureBicameralBicameral (Britain), unicameral (China)

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Federal System
  • Division of Power — Constitution divides power between the center and states, both operate independently. e.g., USA — Central government has all powers; states (if any) derive power from the center. e.g., Britain
  • Type of Government — Dual government — Single government, which may create regional governments
  • Constitution — Written constitution — May be written (France) or unwritten (Britain)
  • Division of Powers — Powers are divided between different levels of government — All powers are held by the national government
  • Supremacy of Constitution — May be supreme (e.g., Japan), or not (e.g., Britain) —
  • Flexibility of Constitution — Rigid constitution — Rigid (France), flexible (Britain)
  • Judiciary — Independent judiciary may or may not be present —
  • Legislature — Bicameral — Bicameral (Britain), unicameral (China)

Federal features of Indian Constitution

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Federal features of Indian Constitution
  • 1. Dual polity
  • 2. Written Constitution
  • 3. Division of powers
  • 4. Supremacy of Constitution
  • 5. Rigid Constitution
  • 6. Independent Judiciary
  • 7. Bicameralism
Indian federation resembles Canada
  • a) using the term ‘Union’
  • b) formation, i.e. by way of disintegration
  • c) Central govt. more powerful than states

Unitary features of Indian Constitution

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Unitary features of Indian Constitution
  • 1. Single Constitution
  • 2. Strong centre
  • 3. States not indestructible
  • 4. Flexibility of the Constitution
  • 5. No equality of state representation
  • 6. Emergency provisions
  • 7. Single citizenship
  • 8. Integrated Judiciary
  • 9. All-India Services
  • 10. Integrated audit machinery
  • 11. Parliament’s authority over state list
  • 12. Appointment of Governor
  • 13. Integrated Election machinery
  • 14. Veto over state bills
Constitution of India borrowed scheme of Indian Federation from the Constitution of
  1. USA
  2. Canada
  3. Ireland
  4. UK

Answer: Canada

The scheme of federation (strong Centre) was borrowed from Canada.

Which of the following determines that Indian Constitution is Federal? PYQ 1994
  1. A written and rigid Constitution
  2. An independent Judiciary
  3. Vesting of residuary powers with Centre
  4. Distribution of powers between Centre & States

Answer: Distribution of powers between Centre & States

Distribution of powers between Centre and States is the defining federal feature.

In the federation established by Govt of India Act 1935, residuary powers were given to PYQ 2018
  1. Federal Legislature
  2. Governor General
  3. Provincial Legislature
  4. Provincial Governors

Answer: Governor General

Under the GoI Act 1935, residuary powers were vested in the Governor-General.

Which of the following in Indian polity is an essential feature that indicates that it is federal in character? PYQ 2021
  1. Independence of judiciary is safeguarded
  2. Union Legislature has elected representatives from constituent units
  3. Union Cabinet can have elected representatives from regional parties
  4. Fundamental Rights are enforceable by Courts of Law

Answer: Independence of judiciary is safeguarded

Official key: an independent judiciary that safeguards the division of powers is the essential federal feature. Answer keys differ across sources for this one; confirm before relying on it.

Which one of the following is not a feature of Indian federalism? PYQ 2017
  1. There is an independent judiciary in India.
  2. Powers have been clearly divided between the Centre and the States.
  3. The federating units have been given unequal representation in the Rajya Sabha.
  4. It is the result of an agreement among the federating units.

Answer: It is the result of an agreement among the federating units.

Indian federation is not the result of an agreement among states.

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