Difference Between Indian Federalism and American Federalism
Difference Between Indian Federalism and American Federalism
Introduction
Federalism is a system of government where power is divided between a central authority and constituent political units (states). Both India and the USA are federal countries but their federal structures differ in important ways.
1. Nature of Federalism
| Aspect | Indian Federalism | American Federalism |
|---|---|---|
| Type of Federalism | Quasi-federal or Federal with unitary bias | Dual Federalism with strong state sovereignty |
| Distribution of Powers | Powers divided but Centre has overriding powers | Clear division with strong state autonomy |
| Constitutional Supremacy | Constitution is supreme | Constitution is supreme |
| Source of Power | Powers derived from the Constitution | Powers also derived from Constitution |
2. Distribution of Powers
| Aspect | India | USA |
|---|---|---|
| Lists in Constitution | Three Lists: Union List, State List, Concurrent List | Two Lists: Federal and State powers |
| Union List Powers | Centre has exclusive powers over Union List subjects | Federal Government has enumerated powers only |
| State List Powers | States have powers but Centre can legislate on State List in emergencies | States have exclusive powers except where Federal Constitution overrides |
| Concurrent List | Both Centre and States can legislate | No concurrent list; either Federal or State |
| Residual Powers | Vest with Centre (Article 248) | Vest with States |
3. Supremacy of Law
| Aspect | India | USA |
|---|---|---|
| Supremacy of Parliament | Centre’s laws prevail over State laws on concurrent subjects (Article 254) | Federal laws prevail over State laws (Supremacy Clause) |
| Judicial Review | Supreme Court has power to adjudicate conflicts between Centre and States | Supreme Court has power to adjudicate conflicts |
4. Amendment of Constitution
| Aspect | India | USA |
|---|---|---|
| Amendment Power | Parliament can amend Constitution unilaterally (with certain limits) | Amendments require approval of both Federal and State legislatures |
| Impact on Federalism | Centre has more power to alter federal balance | Federal structure is rigid; States have veto power |
5. Financial Relations
| Aspect | India | USA |
|---|---|---|
| Taxation Powers | Centre has dominant taxation powers; states depend on Centre | States have independent taxation powers |
| Distribution of Revenue | Finance Commission recommends distribution of revenue | Federal and State governments raise revenue independently |
| Grants and Aid | Centre provides grants to States; can influence States via financial dependency | States have greater financial autonomy |
6. Emergency Provisions
| Aspect | India | USA |
|---|---|---|
| Emergency Powers | Centre can declare National, State, Financial emergencies (Articles 352, 356, 360) | No such central emergency powers over states |
| Impact on Federalism | During emergency, Centre’s powers override States | States retain sovereignty during crisis |
7. Judicial System
| Aspect | India | USA |
|---|---|---|
| Supreme Court | Supreme Court has appellate and original jurisdiction over federal-state disputes | Supreme Court is highest appellate court |
| High Courts/State Courts | States have their own High Courts | States have their own court systems |
| Power of Judicial Review | Strong judicial review on Centre-State disputes | Strong judicial review |
8. Examples of Federal Features in Case Law
1. Kesavananda Bharati v. State of Kerala (1973) (India)
Emphasized the basic structure doctrine.
Held that Parliament’s power to amend the Constitution is limited and cannot destroy federal structure.
Federalism is part of the basic structure of the Constitution.
2. S.R. Bommai v. Union of India (1994) (India)
Clarified the use of Article 356 (President’s rule).
Laid down guidelines limiting misuse of Centre’s power to dismiss state governments.
Reinforced federal principles by protecting state autonomy.
3. McCulloch v. Maryland (1819) (USA)
Established Federal Supremacy.
Held that states cannot tax federal institutions.
Affirmed broad implied powers of the federal government.
4. United States v. Lopez (1995) (USA)
Marked a shift limiting federal power under the Commerce Clause.
Reasserted state sovereignty.
Affirmed the importance of clear limits on federal power.
9. Summary of Differences
| Features | Indian Federalism | American Federalism |
|---|---|---|
| Constitution | Written, rigid but amendable by Parliament | Written, very rigid, requires State consent |
| Nature | Quasi-federal with unitary bias | Dual federalism with strong state autonomy |
| Distribution of Powers | Three lists (Union, State, Concurrent) | Two lists (Federal and State) |
| Residual Powers | Centre | States |
| Amendment | Parliament has overriding amendment powers | Requires approval of Federal and State legislatures |
| Emergency Powers | Centre has extensive emergency powers | No emergency powers over states |
| Financial Relations | Centre dominates finances | States financially independent |
| Judiciary | Supreme Court adjudicates Centre-State disputes | Supreme Court adjudicates federal-state disputes |
Conclusion
Indian Federalism is a unique blend of federal and unitary features, designed to maintain unity and accommodate diversity.
American Federalism is characterized by a clear division of powers and strong state sovereignty.
Indian federalism allows a strong Centre especially during emergencies and financial matters, whereas American federalism stresses state independence.
Judicial decisions in both countries have shaped and balanced the federal principles according to their constitutional frameworks.
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