Essential Concepts & Key Facts
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- States are classified as Federal or Unitary based on the constitutional division of sovereign power across territorial tiers.
- In a Federal System, sovereign power is constitutionally divided between a central national authority and regional state governments.
- In a Unitary System, all constitutional power is concentrated within a single, supreme central national government.
- Federal governments derive power directly from a supreme written constitution, making states constitutionally coordinate, not subordinate.
- Unitary regional governments derive authority purely through statutory devolution from the center, which can alter or abolish them.
- The United States (1787) is the oldest modern federation, followed by systems like Canada (1867), Switzerland (1848), and Australia (1901).
- Prominent unitary states include the United Kingdom, France, Japan, China, Italy, Sri Lanka, and New Zealand.
- A classic federal system requires a written and rigid constitution to prevent either tier from unilaterally altering the division of powers.
- Unitary constitutions can be either unwritten and flexible (United Kingdom) or written (France and Japan).
- An independent judiciary with the power of judicial review is an essential federal prerequisite to resolve center-state disputes.
- Federal legislatures are bicameral, featuring an upper house (e.g., US Senate, Rajya Sabha) specifically representing regional states.
- Unitary systems may be unicameral or bicameral, but second chambers do not hold constitutional mandates as state-level representatives.
- Federations often accommodate dual citizenship (USA, Switzerland); unitary states maintain single, unified national citizenship.
- In the UK, devolution established parliaments in Scotland, Wales, and Northern Ireland, but Westminster retains absolute sovereignty.
- Article 1 of the Indian Constitution describes India as a 'Union of States' rather than using the word 'Federation'.
- Constitutional scholar K.C. Wheare characterized the Indian political system as 'Quasi-Federal' (unitary in spirit, federal in structure).
- The Seventh Schedule of the Indian Constitution delineates powers across three lists: Union List (100), State List (61), and Concurrent List (52).
- Under Article 248 of the Indian Constitution, residuary powers are vested in the Union Parliament, contrasting with the US state model.
- India features strong unitary characteristics: single integrated judiciary, All India Services (IAS, IPS), and centrally appointed Governors.
- During National Emergency (Article 352), the Indian federal framework automatically transforms into an entirely unitary system.
- In S.R. Bommai v. Union of India (1994), the Supreme Court ruled that Federalism is an inviolable part of the Basic Structure doctrine.
- Fiscal federalism utilizes statutory bodies like the Finance Commission of India (Article 280) to govern tax revenue sharing between tiers.
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