Federal State,Federalism

• Definition:
A federal state is one inwhich the supreme powers are distributed between a
central govt; and federating units by the constitution of that state.
Maine Features;
1)A federal govt; is a dual govt;central govt; and provincial govts. powers of each
govt; are specified by the constitution.
• 2)According to Hamilton “ A federationis an association of states forming a new
one.”
• 3) Federal state is different from unitary state.In unitary state all powers are vested
inthe center.In federal state ,powers are distributed among the center and the
federating units.Such division of powers are brought by the constitution.
• 4)The federating units(provinces) are not subordinate bodies to the
central govt;but are indepedent in powers given to them by the
constitution.
• 5)Neither the center nor the provinces can interfare or encroach upon
the powers of one another.
• 7)Unlike the local govt; of the unitary state, in federal form,the
territory,authority and function cannot be modified by the central
govt.Any such changes require ammendment in the constitution.
• Nature of the Federation.
• 1)Federation comprises of two sets of govt; i.e. federal govt and govt
of the fedrating units(provinces),
• 2)Powers are divided on some principles viz matters of national
importance are given to the central govt while local matters are
entrusted to the units.
• 3)Federation is a union,the members in the union receive its
powersfrom the constitution.
• 4)Such a union makes one sovereign state.
• 5)A federation is made, it does'nt grow.
• 6)It has a written constitution which mentions powers of the central
and provincial govts;Amendment
• s in the constitution are brought accorging to the procedure
mentioned in the constitution.The constitution is supreme document.
• 7)Federation is a permanent union.
• Essential Conditions of Federation.
• 1)Geographical Contiguity.It is the essential condition for federation.Long
distance among the federating units may cause rifts and centrifugal
tendencies amond the units.
• 2)Desire for Union: willingness and desire for union is also essential
requirement for federation.Common defence,ecomomic
dependency,cultural unity,common spiritual bonds are important elements
creat and increase desire for union.
• 3)Equality among the composit units: in federation,all the units are equal
,irrespective of there size,population.therefore, all are equally represented
in the upper house of the parliament.
• Main points;
• Federation represents;
• 1)Supremacy of the costitution.
• 2)Destribution of powers.
• 3)Ssupremacy of the Judiciary.
• 4)Bicameral Legeslature.
Assignment
• Merits and demerits of Federation.