Constitutional Law PPt on US and India Federalism

Difference between US And INDIA Federalism.

1. U.S Federalism & Indian Federalism Prepared By:- Sumit Kumar 022201000003019 Ivth Semester B.B.A LL.B ( Hons.) Subject:- Constitutional LawII ( SLBBl-S4- P3) Submitted To :- Dr. Swapnil Pandey

2. Contents Introduction of Federalism Kinds of Federalism Holding Together Federalism Coming Together Federalism Difference Between Holding and Coming Together Federalism Features of federalism Comparision Between Indian Federalism And US Federalism Thank You

3. What is Federalism? The word federalism is derived from the Latin word ' foedus ' which means alliance. Federalism is a system of government in which powers have been divided between the center and its constituent parts such as states or provinces. It is an institutional mechanism to accommodate two sets of politics, one at the central or national level and the second at the regional or provincial level. The federal nature of the Indian constitution was adopted from the Constitution of Canada.

4. Kinds of Federalism Holding Together Federation Coming Together Federation

5. Liability Side of the Balance Sheet The term “holding together” refers to a type of federalism in which the national government holds smaller states together by distributing power among them. In this system of federalism, the center has the lion’s share of power in terms of governing. Holding together federation’ is a federation in which the powers of the country are divided between the central government and constituent states. The central government has greater authority when compared to states. It has the right to ensure the sovereignty of the country. Other examples of holding together federation are Spain, Belgium, etc. Holding Together Federation

6. Coming Together Federation In this type, independent states come together to form a larger unit. Here, states enjoy more autonomy as compared to the holding together kind of federation. Independent states join together on their own to form a larger unit is known as Coming together federalism. In the Coming Together Federation, the central government and the state always seem to have equal powers. Examples – USA, Australia, Switzerland

7. Difference Between Holding Together & Coming Together Federation Holding Together Federation Coming Together Federation In this kind of federation, a sizable force or nation consents to divide its authority between the member states and the national government. Various sovereign states connect to form a larger government under this federation. The federal government in this federation is more potent than the individual states. The individual states in this federation are the only ones with authority. As a result, the country becomes more stable. Examples: India, Spain, Belgium Examples: USA, Australia, Switzerland

8. Features of Federalism Dual government polity Division of powers between various levels Rigidity of constitution Independence judiciary Bicameralism

9. COMPARISON BETWEEN INDIAN FEDERALISM AND THE USA FEDERALISM Both United States and India which are considered as the largest democratic countries in the world are based on federalism in their political structure. The US gained the status of Federal Republic State in the year1789; whereas India occupied the status of Socialist, Sovereign, Secular, and the Democratic Republic by enacting its Constitution in the year 1950. Thereby both countries had attained dominion status in which several smaller states got associated with a strong central government which is known as Federal Government in the US and Central Government in India. Thus, both states became Federal Republics. There are certain differences that exist between the federalism of US and India. These differences have been created by the architects of the Indian Constitution. The US federalism is very strong and more rigid as envisaged in their Constitution by its leaders. It is more federal than unitary in character. Whereas, India is more unitary than federal and we can even say that it is a quasi-federal state.

10. COMPARISON BETWEEN INDIAN FEDERALISM AND THE USA FEDERALISM PARAMETERES INDIAN U.S Nature of Federalism The Indian Constitution describes India as a Union of States containing both unitary and federal features. Thus, the Indian Constitution is Quasi-federal. Although both Indian and American Governments are described as Federal states, the nature of federalism in the US is more rigid and stronger than in India. System of Governance In India, a Parliamentary form of Government is followed. The Indian President is elected indirectly for five years. In the US, the Presidential form of Government is adopted . The people directly elect the President, and he/she is elected for four years.

11. COMPARISON BETWEEN INDIAN FEDERALISM AND THE USA FEDERALISM PARAMETERES INDIAN U.S Upper House & Lower House The Indian Legislature consists of the Lok Sabha and the Rajya Sabha. The lower house, called the Lok Sabha, is more powerful, whose members are directly elected by the people. In contrast, the Upper House – the Rajya Sabha, is elected indirectly every two years. US legislature has two houses: the House of Representatives and the Senate. The Senate is the Upper House and is more powerful as per the US federal system. Its members are directly elected. The Senate is the strongest Upper House in the world. Judiciary System The Indian judiciary system can be described as rapidly developing. The judicial system in the US is very advanced.

12. COMPARISON BETWEEN INDIAN FEDERALISM AND THE USA FEDERALISM PARAMETERES INDIAN U.S Nature Of Constitution The Constitution of India has 22 parts and 395 articles since its inception. There are 25 parts with 448 articles. The Indian Constitution lacks the rigidity of the US constitution. The Constitution of the US is very rigid and precise, consisting of a few pages. It has been amended only 27 times owing to the rigidity of the process involved. Citizenship The Indian Constitution thrives on single citizenship. The US Constitution allows dual citizenship to its citizens.

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