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    Ayesha Anand - CPL

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    The document provides an overview and comparison of federalism in the constitutions of India, the United States, and Canada. It defines federalism as a form of government where power is divided between a central federal government and several state or provincial governments. All three countries rely on federalism in their political structures. While they share features like separation of powers and a written constitution, there are also differences in how powers are divided and residuary powers are allocated between central/federal and state/provincial governments.

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    Ayesha Anand - CPL

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    The document provides an overview and comparison of federalism in the constitutions of India, the United States, and Canada. It defines federalism as a form of government where power is divided between a central federal government and several state or provincial governments. All three countries rely on federalism in their political structures. While they share features like separation of powers and a written constitution, there are also differences in how powers are divided and residuary powers are allocated between central/federal and state/provincial governments.

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    The document provides an overview and comparison of federalism in the constitutions of India, the United States, and Canada. It defines federalism as a form of government where power is divided between a central federal government and several state or provincial governments. All three countries rely on federalism in their political structures. While they share features like separation of powers and a written constitution, there are also differences in how powers are divided and residuary powers are allocated between central/federal and state/provincial governments.

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    72 views6 pages

    Ayesha Anand - CPL

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    Ayesha Ananad
    The document provides an overview and comparison of federalism in the constitutions of India, the United States, and Canada. It defines federalism as a form of government where power is divided between a central federal government and several state or provincial governments. All three countries rely on federalism in their political structures. While they share features like separation of powers and a written constitution, there are also differences in how powers are divided and residuary powers are allocated between central/federal and state/provincial governments.

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    You are on page 1of 6

    FEDERALISM

    A COMPARATIVE ANALYSIS OF THE


    CONSTITUTION OF INDIA, USA AND CANADA.

    Ayesha Anand
    PRN: 20010241017
    Symbiosis Law School, Noida.
    Symbiosis International (Deemed)
    University.
    What is Federalism?
    • Federalism is a form of government which is progressively through
    various superpower is continuing to emerge as a more powerful
    concept throughout the globe. Federal form of government and
    judicial review are the most profound principles of government.
    • A federation is a state having one central (federal) government acting
    for the whole country and several state governments existing side by
    side having control over their areas. Federalism preaches division of
    power between the State and Central Government. It caters diversity
    and deals with the twin issue of maintaining unity in diversity.
    • Some of the largest democracies of the world are relying upon the
    concept of federalism for their political structure, including India and
    USA.
    • There are various types of federalism which exists and vary mostly on
    the nature of work and power vested.

    2
    Salient Features of Federalism
    • It must be written;
    • It must be rigid;
    • There must be division of power and
    separation of power;
    • There should be an independent and
    impartial judiciary to interpret the
    constitution, the laws and adjudicate upon
    them; and
    • Constitution is the Supreme Law of Land.

    3
    Federalism in India

    • India traced the feature of Federalism in 1927 through the Simon


    Commission, “Indian Statutory Commission”. In its report published in
    the year 1930, it suggested India for looking into the evolution of
    federation of Self-governing units. India was ready to embrace this
    through the Government of India Act,1935 after the Round Table
    conference in 1933.
    • Federalism postulates the existence within the framework of a single
    State with a Central government and number of State governments.
    • Part XI, Article 245-263 enumerates the legislative and administrative
    relation in chapter 1 and 2.Article 249 of the Indian Constitution is a
    well drafted provision securing flexibility while working in a federation.
    • There is no fixed definition of the executive power in the constitution or
    any other statute. However, there is demarcation of power between the
    state and the Centre. After the legislative and judicial power are taken
    away, the residuary powers are that of the executive
    4
    • Both India and Canada are bound

    Comparing the Federalism by the theory of Separation of


    power, with
    functioning.
    difference in

    in India, USA and Canada • In Canada, the representation is by


    region and there is no equal
    representation.
    • India and USA grant fundamental Rights • In Canada there are two orders,
    to its citizens by the way of Bill of Federal and the Provincial each
    Rights and the Indian Constitution. having its exclusive power.
    • USA and India have a written • In Canada, the federal government
    constitution which clearly demarcatesthe can disallow the laws passed by
    power between the central and State the provincial legislation.
    government and provides for a federal
    political structure
    • The central and State government works
    within their own area of ambit and are • USA is an indestructible union of
    associated with each other in India as indestructible states. In U.S. there
    well as USA. is no scope of Secession. But this is
    • To avoid arbitrariness and abuse/misuse possible for India.
    of power, the system of checks and • The control over amendment also
    balances are prelevant in both of these are different in USA than India.
    countries. • All the residuary powers are vested
    • The Executive, the Legislature and the
    Judiciary are the three pivotal organs of with the State in USA and all
    the State where there is separation of residuary powers in India are
    power in both USA and India. vested with the Centre.
    • The Constitution of USA is more
    rigid than the constitution of
    5 India.
    Thank You !
    DO YOU HAVE ANY QUESTIONS?

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