Question

Explain the constitutional foundations for federalism.

Answer 1

In a general context, federalism is a system of government which allows two or more entities to share control over the same geographical area. Usually in a federal government, the power is divided between the national government and the various other smaller governments such as the state and local governments. They operate independently in their own respective jurisdictions. Federal model of government is present in countries such as US, Switzerland, Russia, Brazil, Argentina, Canada, Australia, etc. In a federal model, the national government is known as the Central Government or the federal government whereas the regional government is known as the state government.

The term ‘federalism’ is derived from a Latin word foedus which means an agreement or a treaty. Thus we can also say that the federation is a new political system which is formed with the help of an agreement or a treaty between several units. The United States of America (US) is the first and the oldest federation in the world. The US became a federation in 1787 after the American Revolution. Federalism occurs due to various geo-political circumstances that arise within a country. Let us take the example of US which was comprised of 50 states. These 50 states mutually came into an agreement to form a political system which is considered as a federal model. Thus, we see that the mutual treaty or an agreement between the various parties involved in a country’s administration is important to form a federal government.

Let us now look at the various features of a federal government:-

1. Dual Polity- This features refers to the sovereignty of the powers endowed to the different parties within a federal government. Usually the Central Government deals with the matters of national importance such as defense, currency, foreign affairs and so on. Whereas the state governments look into the regional matters such as public order, health, agriculture, etc.

2. Written Constitution- The Constitution specifies the structure, power, functions and organization of both the Federal and the state governments and also tells about the limitations of their operations.

3. Supremacy of the Constitution- The Constitution is the highest law of any country. The various laws enacted by the Centre and the State must be followed. Otherwise, they can be declared invalid by the Supreme court through their power of judicial review.

4. Bicameralism- There is a provision of bicameral legislature by the Constitution consisting of an Upper House and a Lower House.

5. Independent Judiciary- The division of powers which has been established by the Constitution can only be maintained if the method of amendment is strict. Due to this the Constitution is rigid with the provisions which are concerned with the federal structure and it can be amended only by the joint action of the Centre and the state governments.

6. Division of Powers- There is a clear cut division of power provided by the Constitution to both the Federal Government and the state government.

There have been many critiques on various advantages and disadvantages of federalism. It is believed among many that federalism has a history of protecting slavery and segregation. It sometimes leads to inequalities between different states; there is blockage of nationalist policies by state as well. These are some of the negative impacts of federalism as believed by many political economy experts. But it has been seen over the last century that the pros of federalism far outweigh the cons of federalism. Federalism helps in protection against tyranny, in diffusion of power, it increases the citizen participation, it also results in conflict management, is more efficient and with this form of political structure the state governments can be more responsible to citizen needs. Thus, according to me, federalism has many positive outcomes and can be a very optimal system for any country if implemented efficiently.