Features of Federalism

The Constitution can either be unitary or federal, based on the duties and authority given to the federal government and the States. By examining the numerous responsibilities and authorities granted to the State by the Constitution and applying the appropriate interpretation, the structure of the Constitution can be established.

What is Federalism?

There are various levels of government in the nation. In India, there are both central and state governments. The third level of government is called Panchayati Raj. Although each state in India is free to exercise its authority independently on some matters, all these states must abide by the rules of the federal government on matters of national importance. The Constitution includes lists that specify the subjects on which each level of government may pass legislation.

Features of Federalism given by Supreme Court

One strategy for restricting the government is federalism. In the case of State, the Supreme Court listed the requirements that the constitution must meet for there to be federalism as,

• A treaty or agreement among independent and sovereign entities to partially cede their authority and place it in a union for the common good while keeping the remaining authority with the component units.
• In general, each state or central unit has its own unique constitution that governs it in all subjects aside from those that are under the union's jurisdiction. The union's constitution essentially governs how the units are run.
• Constitutional supremacy (The Constitution of India is unquestionably the most important document, but the Parliament may also change it.)
• Power sharing between the union and the regional units, with each in its own domain being independent and coordinated. (India does, without a doubt, have a power structure, but that structure does not necessarily indicate political sovereignty. There are various limitations on the states' authority in this regard.)
• The supreme authority for courts in interpreting the constitution and invalidating actions that violate it. A federal constitution includes rights and disputes that serve as checks and balances.

Main Features of Federalism given by Indian Constitution

The main features of the Federalism that are given by the Indian constitution are listed below:

• Division of Powers
• Supremacy of Constitution
• Written Constitution
• Rigid Constitution
• Judiciary
• Bicameral Legislature

Now, we are going to understand briefly about every feature stated above.

Division of Powers

It is a crucial component of the federal constitution, and the Constitution itself divides power. The authority of the States and the Union are clearly defined and delineated in the Constitution. Both governments have separate legal standing, authority, and jurisdiction. e.g., According to the Indian Constitution, the States are in charge of local issues like land, water, and agriculture while the Center is in charge of matters of national significance like defense, foreign policy, and currency.

Supremacy of Constitution

The primary source of all executive, legislative, and judicial authority is the Constitution. The Constitution regulates how all institutions operate, and the constitution is where all institutions got their start. According to K.C., supremacy is essential for the efficient operation of the federal government.

Written Constitution

A precise, written federal constitution is required. It is impossible to clearly define the separation of powers between the Center and the State in the absence of a written constitution. In addition, without a written constitution, the authority of the constitution could not be upheld. Because the foundation of a federal polity is complicated, their constitution must be clear.

Rigid Constitution

The Constitution's rigor makes amendments simple because the written document is rigid. It cannot be changed easily to preserve the constitution's supremacy. For instance, amendments can be passed with a simple majority, a special majority, or a special majority plus state ratification.

Judiciary

In federal states, it is only natural for disagreements to occur between the federal government and the state about how the Constitution should be interpreted. In this situation, it is essential to establish a body or authority that can read the Constitution correctly and decide the disagreement. As a result, the judiciary plays a crucial role, and other authorities must abide by its interpretation of the Constitution.

Bicameral Legislature

Federalism requires a bi-cameral legislature, which India now has. Two houses, the Upper House (Rajya Sabha) and the Lower House make up India's bicameral legislature (Lok Sabha). Any revisions must be approved by both houses of Congress to become enforceable in law. The unicameral legislatures are found in the remaining states.