Characteristics:
1) Supremacy of the constitution: In a federation, the constitution is
supreme. The final authority lies in the constitution. Each of the two levels
of government can exercise their powers only as determined by the
constitution. The constitution defines and explains the powers and the
jurisdiction of each government. For this purpose the constitution is
considered to be the supreme law in the federation. No central or
provincial , which is against the constitution, can be enforced. Similarly if
a change is desired in the constitution, it must be according to the method
provided by the constitution
2) division of powers: The powers of both the central and the component
government are divided formally by the constitution and each level of
government is given particular roles to play. In federalism the powers are
divided between the federal and the provincial governments. There is no
uniform method for the distribution of powers. The general and the basic
principle is that matters of local importance are given to the provinces and
that of national importance to the federal government.
In India, legislative subjects have been enumerated in three lists in the 7 th
schedule. Namely, the Union list, State list and the concurrent list. The
Union parliament has exclusive powers to make laws on subjects under
the union list. The state legislature has power to make laws on subjects
under the State list. And both Union parliament and State legislature can
make laws on subjects under the concurrent list but In case of conflict
between the federal and provincial law regarding the concurrent subject,
the central law will prevail.
3) written constitution: Usually, a federal system of government operates
under a written constitution. The constitution is usually rigid. This way, the
entrenched clauses cannot be easily amended, it will require the consent
of both the central government and the government of the component
units before it can be amended. In india, the amendment of certain
provisions of the constitution such as any lists under the 7 th schedule
requires the ratification of the amendment by not less than one half of the
States.
4) Bicameral: There is usually an existence of a bicameral legislature in a
federation. This ensures that the second chamber could give equal
representation to the units to bring equality
A federal state has two kinds of governments having different interests
and rights. There is, therefore, a need for the protection of these rights
and interests. This can be done only when there is a bicameral legislature.
The two houses represent the two interests. Normally the Lower House
represents the interests of the nation and the upper house represents the
interests of the provinces
5) secession is denied: In a federation, the right of secession is generally
denied. Once component states come together to form a unified state, the
federal constitution does not allow the units to break away any more.
6) Supremacy of judiciary: Constitution is an important document and the
basic law of the country. A federation can remain intact only when the
constitution remains inviolable. For this purpose there must be an agency
to seek and judge whether or not the two governments have violated the
constitution. This agency is called the judiciary. It can perform this
function only when it remains supreme. The judiciary is called upon to
decide cases of dispute between the Centre and the States and if there be
any dispute with regards to any provision of the constitution, the judiciary
is called upon to interpret the provision.
From the above, it is clear that India has all the characteristic features of a
Federal govt and yet KC Wheare termed India to be a Quasi Federal
government. This is because our constitution has many features which
can be perceived as a deviation from the federal character.
1) Parliament can by unilateral action increase or diminish the area of any
state or alter the boundaries of any state or alter the name of any state
(Article 3).
2) The distribution of power heavily tilts in favor of the union. The union
list comprises the largest number of items. In concurrent list also, the
center supersedes the powers of the states.
3) the Parliament shall have the power to make laws with respect to any
matter included in the State List, if the Council of States declares by a
resolution of 2/3 of its members present and voting that it is necessary in
national interest,
4) Not only this, laws passed by the state legislature on a subject on the
state list may be reserved for consideration of the President by the
Governor; some of them have to be specifically reserved and some of
them can not be even introduced or moved in the state legislature without
the previous sanction of the President. [
5) During the period of emergency (declared under Art. 352 of the
constitution) the Union parliament can make laws in relation to matters in
the state list
6) When a state switches from having its own state government to the president rule, the
parliament is given the authority to enact laws pertaining to any issue on the state list that is
relevant to that state.
7) the union parliament is empowered to make any law for the purpose of
implementation of any International agreement, treaty and convention.
Nevertheless, Our Constitution is considered as federal in spite of many
unitary features because almost all features of Federal Constitution exists
in our constitution. In order to be called “federal”, it is not necessary that
a Constitution should adopt the federal principle completely. It is enough if
the federal principle predominant principle in the Constitution. So the
mere presence of unitary features in a constitution, which may make a
constitution quasi federal in law, does not prevent the constitution from
being predominantly federal in practice.
