Unitary System of State

On the basis of relationship between the centre and the units, the governments may be classified as unitary and federal. In a unitary government, all the powers of government are vested in the central government whereas in a federal government, the powers of government are divided between the centre and the units. Their distinctive feature and comparative merits and demerits are given as follows.

Unitary Government

Unitary government is a kind of government system in which a single power, which is known as the central government, controls the whole government. In fact, all powers and administrative divisions authorities lies at the central place. Today most of the government systems in the world are based on unitary system of government. It is slightly different from federal model of government. In unitary government, central government has the power to increase or curtail the power of subnational units. It can create and abolished the same. UK, Afghanistan, Italy, China, Saudi Arabia, Spain, etc., are the important examples of unitary government. The unitary government system is based on the concept of consistency, unity, and identity that’s why the centralization of power and authority system remains at the top priority. The decision-making power rests with the central government that are shared by the government with the lower level government when needed. There are not so many options for change and new innovation as the people have a very limited voice in this government system. There are many merits and demerits of unitary government. It is useful in the term that rules and regulations in this government systems remain consist and equal throughout the country. Moreover, it is less expensive as compared to the federal government because the number of powerful people remains very low. In a time of emergency, it makes timely decisions as compared to the federal government system. But at the same time, the concept of freedom of speech and expression always remains at a low priority that’s why most of the principles of unitary government are much similar to that of dictatorship system of government. Its distinctive feature is given as follows:

Concentration of Powers:

A unitary government is one in which all the powers of administration are vested in a single centre. The centre is omnipotent. A unitary state may be divided into small units for the sake of administrative convenience but the units do not have any constitutional status of their own.

In other words, the constitution does not confer any powers on the units. It is the central government which dele gates certain powers to the units on its own accord. The units are, therefore, subordinate agents of centre. The powers enjoyed by them are the gifts of the centre and as such these can be taken back at any moment. The units are thus not autonomous and independent in any way.

Single Government:

In a unitary government, there is a single set of governmental apparatus. There is a single supreme legislature, single executive body and one supreme judiciary. England, for example, is a unitary state. She has one parliament as her legislature, the King-in-Council as the executive and the judicial committee of the House of Lords as her supreme judiciary.

Written or unwritten Constitution:

A unitary government may or may not have a writ ten constitution. As for example, England and France are unitary states. France has a written constitution but England has none.

Rigid or Flexible Constitution:

Unlike a federation, a unitary state may or may not have a rigid constitution, e.g., the constitution of England is flexible but that of France is slightly rigid.

No Special Judiciary:

There is no need of having a special judiciary with wide powers of judicial veto in a unitary government. Even the highest court of U.K., for example, cannot sit in judgment over the law passed by Parliament.

Federal Government

Federal government is a type of national government in which government have powers to delegates the power to other elected member of the states. There can be two level of federal government in a country either it is performing through common institutions or through powers as prescribed by a constitution of the state. It is totally opposite to the unitary government. In federation or federal government, provinces or territories enjoys some rights as are available to the independent states. However international diplomacy, national security, foreign affairs and other kinds of international dealings are solely made by the federal government. Pakistan, India, Brazil, Switzerland, Australia, Belgium, Canada, etc., are the significant examples of federal government. Mostly the federal government system is referred to the United States government. This government is based on the republicanism and federalism. In the federal system, power is jointly shared between the state and federal governments. In the federal government system, the powers never rest with one national government. However, there can be certain powers and authorities that remain totally with the federal government like policies on defence, budget, international diplomacy, etc. The hierarchy of power in federal government system starts from the federal level and then flows to the state and then local level. Its distinctive feature is given as follows.

Division of Powers:

In a federal government the powers of administration are divided between the centre and the units. The powers may be distributed in two different ways. Either the constitution states what powers the federal authority shall have, and leaves the remainder to the federating units, or it states what powers the federating units shall possess and leaves the remainder to the federal authority. The remainder is generally known as residuary powers. The first method was employed in America and the second in Canada. The federal government in U.S.A., for example, is weak in relation to the states whereas the federal government in Canada is more powerful. In a federation both the federal and state governments are independent and autonomous in the spheres of their powers. ‘One is not subordinate to the other. Both derive their powers from the constitution which is the supreme law of the land. The powers enjoyed by the units are, therefore, original and not delegated by the centre.

Separate Government:

In a federal form of government both the centre and the units have their separate set of governmental apparatus. America is a federation of states. States have therefore separate legislatures and Separate executives.

Written Constitution:

A federal government must have a written constitution. As a federation is a political partnership of various states and consequently there must be a written agreement in the form of a written constitution.

Rigid Constitution:

The constitution of a federation should be more or less rigid. It is regarded as a sacred agreement, the spirit of which should not be easily violated. A flexible constitution allows a scope to the central government to curtail the autonomy of the federating states.

Special Judiciary:

In a federation, there are possibilities of constitutional disputes arising between the federal centre and the units or between one unit and another. All these disputes are to be adjudicated in the light of the constitution. For this purpose a special judiciary with wide powers must be established.

It should act as the custodian and guardian of the constitution. It should be vested with powers of declaring any law, national or local, ultra vires if it is at variance with the articles of the constitution. The constitution is thus the supreme law in a federation to which both the centric and the state must adhere to.

Federal System of State

Introduction

Federalism is a mode of government that combines a general level of government (a central or federal government) with a regional level of sub-unit governments (e.g., provinces,  states, cantons, territories, etc.), while dividing the powers of governing between the two levels of governments.

Johannes Althusius (1563-1638), is considered the father of modern federalism, along with Montesquieu. In 1603, Althusius first described the bases of this political philosophy in his Politica Methodice Digesta, Atque Exemplis Sacris et Profanis Illustrata. By 1748, in his treatise The Spirit of Law, Montesquieu (1689-1755) observed various examples of federalist governments: in corporate societies, in the polis bringing villages together, and in cities themselves forming confederations. In the modern era Federalism was first adopted by a union of the states of the Old Swiss Confederacy as of the mid-14th century.

Federalism differs from confederalism, where the central government is created subordinate to the regional states—and is notable for its regional-separation of governing powers, (e.g., the Articles of Confederation as the general level of government of the original Thirteen Colonies; and, later in the United States, the Confederate States of America). And federalism also differs from the unitary state, where the regional level is subordinate to the central/federal government, even after a devolution of powers—and is notable for regional-integration of governing powers, (e.g., the United Kingdom).

Federalism is at the midpoint of variations on the spectrum of regional-integration or regional-separation. It is bordered on the increasing-separation side by confederalism, and on the increasing-integration side by devolution within a unitary state; (see graphic below).

Examples of federalism today, i.e., the federation of a central/federal government with regional sub-unit governments, include: Argentina, Australia, Austria, Belgium, Bosnia and Herzegovina, Brazil, Canada, Ethiopia, Germany, India, Iraq, Malaysia, Mexico, Micronesia, Nepal, Nigeria, Pakistan, Russia, Somalia, South Sudan, Sudan, Switzerland, the United Arab Emirates, the United States, and Venezuela.

What is Federalism

Federalism is the structure of government, where the powers are shared between two kinds of governments. One is the Central government, and the other is smaller regional governments. It indicates the agreement between different levels of government to work together while still maintaining independence in their own spheres. In a federation, the national government and the regional government each have their own areas of authority as outlined in the Constitution.

Evolution of Federalism

Originating from the Latin word ‘foedus’ meaning ‘treaty’ or ‘covenant’ impacting the sovereign existence of different constituents of a union, the term federalism was nationalised in the late eighteenth century in the ‘Greek city-states’ of classical Greece. Earlier states used the confederacy agreement to tie up between the most powerful state and other smaller or localised states to create a balance between the power, authority and mutual dependence between the sovereign states. 

Renowned academicians like K.C Wheare and A.V Dicey ascribe the meaning of federalism in their testaments as a way in which powers are bifurcated between central government and regional government for employing their powers within their own independent spheres. Also, in a completely developed federal system, powers are distributed among different governmental bodies, each with limited but equal powers. In the constitutional premise, the courts have the supreme authority to uphold and interpret the values of the Constitution in a federation. 

From the late 1700s to 1860s, the power struggle between the national government and the states in the United States prevailed at large. The first American Union, formed in 1781, was a confederation with a weak central government. However, the second American Union, established in 1789, created a stronger federal government, preserving state sovereignty. The system evolved through various constitutional amendments during the Civil War period (1861-65), solidifying modern federalism.

The key conflict between federal authority and sovereign states came up in the creation of the National Bank, where the states came up as resistance. The decision of Alexander Hamilton, one of the prominent secretaries of the Congress federal government, to set up the first federal bank of the United States faced opposition from the Republicans. Subsequently, in the McCulloch vs. Maryland (1819) case, the institution of the ‘Second Bank of the United States received massive objections for imposing tax on the federal bank encroaching on state jurisdiction. 

The Supreme Court bench of Sir John Marshall ruled that the authority to create the National Bank was within the powers of the national government, and the state’s tax protocol could not be enforced on the federal government. This asserted the central government’s supremacy over state interference in federal activities. Further, in Gibbons vs. Ogden (1824), the Supreme Court reinforced federal authority over state laws, particularly in matters of commerce, emphasising the national government’s power over the states. Overall, the scope of encroachment of national powers began after the Civil War, as it instigated the state to turn away from powers to save their own interests. 

Gradually, federal principles were implemented in the Indian Constitution to maintain a balance of power so that each tier of government operates within its designated domain. Through many trials and errors, India has now evolved through many amendments altogether to escalate intergovernmental relations.