CONCEPT OF FEDERALISM

The final project submitted on complete fulfillment of the Indian Polity course, during the
academic session 2018-2019, Semester-I.

Submitted by

NAME: GAURANSH MISHRA

Roll No.:

Class: BBA LL.B. (H), 1st semester.

Submitted to

Dr. SP Singh, Faculty of Indian Polity

September 2018

CHANAKYA NATIONAL LAW UNIVERSITY, NYAYA NAGAR, MITHAPUR,

PATNA- 800001.
 ACKNOWLEDGEMENT

I would like to thank my faculty Dr. SP Singh, whose assignment of such a

relevant topic made me work towards knowing the subject with a greater interest
and enthusiasm and moreover he guided me throughout the project.

I owe the present accomplishment of my project to my friends, who helped me

immensely with sources of research materials throughout the project and without
whom I couldn’t have completed it in the present way.

I would also like to extend my gratitude to my parents and all those unseen hands
who helped me out at every stage of my project.

THANK YOU!
NAME-GAURANSH MISHRA
ROLL NO-
1ST Semester(bba.llb)

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 RESEARCH METHODOLOGY

Method of Research

The researcher has adopted a purely doctrinal method of research. The researcher
has made extensive use of the library at the Chanakya National Law University and
also the internet sources.

Aims and Objectives

The aim of the researcher is:

1. To know about the features of Federal form of government.

2. To know about the condition of India regarding this form.
3. To know about the merits and demerits of federal form of government.

Hypothesis:

The researcher has formulated the hypothesis, the validity of which will be
checked in the course of making of the project that the federal form of system best
suits the countries with more diversity and large area. It doesnot suit the countries
like France , that has less diverse culture and less population with small area.

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Limitation:

The presented research is confined to a time limit of one month and this research
contains doctrinal works, which are limited to library and internet sources and
empirical research.

Research Questions:

1. What are the features of federal form of government?

2. How the federal form of government functions?
3. Is there any better form of government than federal one?
4. What is the situation in India?

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Contents

CHAPTER 1- INTRODUCTION .................................................................................................................... 6

CHAPTER 2 – DUAL FEDERALISM AND COOPERATIVE FEDERALISM .......................................................... 8
 Dual federalism ............................................................................................................................ 8
 Cooperative federalism ................................................................................................................ 9
CHAPTER 3 FEDERALISM IN INDIA .......................................................................................................... 10
Legislative Powers ............................................................................................................................. 10
The divsion of powers are defined by the constitution and the legislative powers are divided into
three lists: ......................................................................................................................................... 10
Union List ...................................................................................................................................... 10
State List ........................................................................................................................................ 11
Concurrent List .............................................................................................................................. 11
Other (residuary) subjects ................................................................................................................. 11
Executive Powers............................................................................................................................... 12
Financial Powers................................................................................................................................ 12
Disputes ............................................................................................................................................ 13
Territories.......................................................................................................................................... 13
Jammu and Kashmir .......................................................................................................................... 13
Issues ................................................................................................................................................ 14
Unitary bias ................................................................................................................................... 14
Appointment and role of governors ................................................................................................... 14
Economic federalism ......................................................................................................................... 15
Political economy .............................................................................................................................. 15
CHAPTER 4 – HOW INDIA IS HAVING FEDERAL AND UNITARY FORM BOTH ............................................ 17
HOW INDIA IS HAVING A UNITARY FORM OF GOVERNMENT THROUGH ARTICLES : ........................... 18
CHAPTER 5 – KEY ELEMENTS OF FEDERALISM IN CONTEXT TO AMERICA ............................................... 20
CHAPTER 6 – ADVANTAGES AND DIS ADVANTAGES ............................................................................... 21
Arguments for Why Federalism is Beneficial: ..................................................................................... 21
Arguments Given for Why Federalism has a Detrimental or Negative Impact on Society: ................... 22
CONCLUSION ......................................................................................................................................... 24

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CHAPTER 1- INTRODUCTION
Federalism is a type of government in which the power is divided between the national
government and other governmental units. It contrasts with a unitary government, in which a
central authority holds the power, and a confederation, in which states, for example, are clearly
dominant.

While the Constitution addressed only the relationship between the federal government and the
states, the American people are under multiple jurisdictions. A person not only pays his or her
federal income tax but also may pay state and city income taxes as well. Property taxes are
collected by counties and are used to provide law enforcement, build new schools, and maintain
local roads.

Throughout the 20th century, the power of the federal government expanded considerably
through legislation and court decisions. While much recent political debate has centered on
returning power to the states, the relationship between the federal government and the states has
been argued over for most of the history of the United States.

Although the Constitution sets up a federal system, nowhere does it define what federalism is.
However, the framers of the Constitution were determined to create a strong national government
and address the shortcomings of the Articles of Confederation, which allowed the states too
much power. In terms of the balance of power between the federal government and the states, the
Constitution clearly favors the federal government.

The powers specifically given to the federal government are not as relevant to the expansion of
its authority as the Constitution's more general provisions; that is, Congress is to provide for the
general welfare (preamble) and ". . . make all laws which shall be necessary and proper . . ."
(Article I, Section 8). In the Constitution as ratified, there is no similar broad grant of powers to
the states. It emphasized what states cannot do (Article I, Section 10) and gave them authority in
just a few areas — namely, establishing voter qualifications and setting up the mechanics of

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congressional elections. This reduction in power was corrected through the Tenth Amendment,
which reserved to the states or the people all powers either not specifically delegated to the
national government or specifically denied to the states. The language in the general welfare and
elastic clauses and the Tenth Amendment is vague enough to allow widely different
interpretations. Because both federal and state governments can turn to the Constitution for
support, it is not surprising that different concepts of federalism have emerged.

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CHAPTER 2 – DUAL FEDERALISM AND
COOPERATIVE FEDERALISM

 Dual federalism

Dual federalism looks at the federal system as a sort of "layer cake," with each layer of
government performing the tasks that make the most sense for that level.

The initial framing and ratification of the Constitution reflected this theory. Even those people
supporting a stronger national government proposed that powers in the federal government be
distinct and limited, with certain tasks enumerated for the national government in the
Constitution and the remaining tasks left to the state governments. Because this theory leaves
each government supreme within its own sphere of operations, it is also sometimes called dual
sovereignty.

One more-extreme outgrowth of this theory is the idea of states' rights, which holds that,
because the national government is not allowed to infringe on spheres left to state government,
doing so violates the states' constitutional rights (especially the Tenth Amendment, which
specifically reserves undelegated powers for the states). Federal government action in those
spheres represents an unlawful seizure of power by one level of government at the expense of
another. This view has historically been popular in the South, where it was viewed as preventing
national government interference in the region's race relations, but it has been invoked elsewhere
as well.

The problem with taking dual federalism this far is figuring out who defines where one layer
ends and the next layer starts. Before the Civil War, some voices said that, to protect their rights,
states could secede from the Union or declare national laws that affect them null and void — but

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those arguments are no longer taken seriously. Instead, the U.S. Supreme Court resolves disputes
within the federal structure, and because the Court is a national institution, it rarely favors the
states.

 Cooperative federalism

The theory of cooperative federalism emerged during the New Deal, when the power of the
federal government grew in response to the Great Depression. It does not recognize a clear
distinction between the functions of the states and Washington, and it emphasizes that there are
many areas in which their responsibilities overlap. For example, drug enforcement involves
federal agents, state troopers, and local police. The federal government supplies funds for
education, but the state and local school boards choose curriculum and set qualifications for
teachers. (Interestingly, attempts to set national standards for students in certain subjects have
raised concerns of federal intrusion.) The notion of overlapping jurisdictions is expressed by the
term marble-cake federalism.

Cooperative federalism takes a very loose view of the elastic clause that allows power to flow
through federal government. It is a more accurate model of how the federal system has worked
over much of U.S. history.

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CHAPTER 3 FEDERALISM IN INDIA

FEDERALISM IN INDIA describes the distribution of legal authority across national, state and
local governments in the nation of India.

The Constitution of India establishes a federal structure to the Indian government, declaring it to
be a "Union of States". Part XI of the Indian constitution specifies the distribution of legislative,
administrative and executive powers between the Union/Federal/Central government and
the States of India. The legislative powers are categorised under a Union List, a State List and a
Concurrent List, representing, respectively, the powers conferred upon the Union government,
those conferred upon the State governments and powers shared among them.

This federalism is asymmetric in that the devolved powers of the constituent units are not all the
same. The state of Jammu and Kashmir was accorded a higher degree of autonomythan other
States under Article 370. Union Territories are unitary type, directly governed by the Union
government. Article 1 (1) of the constitution stipulates two tier-governance with an additional
local elected government. Delhi and Puducherry were accorded legislatures under Article 239AA
and 239A, respectively.

The fundamental rights of citizens vary by state per Article 31 (B), as changes are added to
Constitution schedule IX by constitutional amendments.

Legislative Powers
The divsion of powers are defined by the constitution and the legislative powers are divided into
three lists:

Union List
Union List consists of 100 items (earlier 97) on which the parliament has exclusive power to
legislate including: defence, armed forces, arms and ammunition, atomic energy, foreign affairs,
war and peace, citizenship, extradition, railways, shipping and navigation, airways, posts and
telegraphs, telephones, wireless and broadcasting, currency, foreign trade, inter-state trade and

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commerce, banking, insurance, control of industries, regulation and development of mines,
mineral and oil resources, elections, audit of Government accounts, constitution and organisation
of the Supreme Court, High Courts and union public service commission, income tax, custom
duties and export duties, duties of excise, corporation tax, taxes on capital value of assets, estate
duty and terminal taxes.

State List
State List consists of 61 items (earlier 66 items). Uniformity is desirable but not essential on
items in this list: maintaining law and order, police forces, healthcare, transport, land policies,
electricity in the state, village administration, etc. The state legislature has exclusive power to
make laws on these subjects. In certain circumstances, the parliament can make laws on subjects
mentioned in the State List, but to do so the Council of States (Rajya Sabha) must pass a
resolution with a two-thirds majority that it is expedient to legislate in the national interest.

Though states have exclusive powers to legislate with regards to items on the State List, articles
249, 250, 252, and 253 mention situations in which the Union government can legislate

Concurrent List
Concurrent List consists of 52 (earlier 47) items. Uniformity is desirable but not essential on
items in this list. The list mentions: marriage and divorce, transfer of property other than
agricultural land, education, contracts, bankruptcy and insolvency, trustees and trusts, civil
procedure, contempt of court, adulteration of foodstuffs, drugs and poisons, economic and social
planning, trade unions, labour welfare, electricity, newspapers, books and printing press NS
stamp duties.

Other (residuary) subjects

Subjects not mentioned in any of the three lists are known as residuary subjects. However, many
provisions in the constitution outside these lists permit parliament or state legislative assembly to
legislate. Excluding the provisions of the constitution outside these lists per Article 245, the
power to legislate on such subjects, rests with the parliament exclusively per Article
248. Parliament shall legislate on residuary subjects following the Article 368 procedure as
constitutional amendments.

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In case the above lists are to be expanded or amended, the legislation should be done by the
Parliament under its constituent power per Article 368 with ratification by the majority of the
states. Federalism is part of the basic structure of the Indian constitution which cannot be altered
or destroyed through constitutional amendments under the constituent powers of the Parliament
without undergoing judicial review by the Supreme Court.

Executive Powers
The Union and States have independent executive staffs controlled by their respective
governments. In legislative and administrative matters, the Central government cannot overrule
the constitutional rights/powers of a state government except when presidential rule is declared
in a State. The Union's duty is to ensure that the government of every State is carried on in
accordance with the provisions of the Constitution as per Article 355 and Article 256. The State
governments cannot violate the Central laws in administrative matters. When a State violates the
Constitution, Presidential rule is imposed under Article 356 and the President takes over the
State’s administration with ex post facto consent of the Parliament per Article 357.

Financial Powers
Article 282 accords financial autonomy in spending financial resources available to the states for
public purpose. Article 293 allows States to borrow without limit without consent from the
Union government. However, the Union government can insist upon compliance with its loan
terms when a state has outstanding loans charged to the consolidated fund of India or a federally-
guaranteed loan.

The President of India constitutes a Finance Commission every five years to recommend
devolution of Union revenues to State governments.

Under Article 360, the President can proclaim a financial emergency when the financial stability
or credit of the nation or of any part of its territory is threatened. However, no guidelines define
"financial emergency" for the country or a state or a union territory or a panchayat or a
municipality or a corporation.

Such an emergency must be approved by the Parliament within two months by a simple majority
and has never been declared. A state of financial emergency remains in force indefinitely until

12
revoked by the President. The President can reduce the salaries of all government officials,
including judges of the supreme court and high courts, in cases of a financial emergency. All
money bills passed by the State legislatures are submitted to the President for approval. He can
direct the state to observe economy measures.

Disputes
States can make agreements among themselves. When a dispute arises with other states or a
Union Territory or the central government, the Supreme Court adjudicates per Article 141.
However, Article 262 excludes Supreme Court jurisdiction with respect to adjudication of
disputes in the use, distribution or control of interstate river waters.

Under Article 263 the President can establish an interstate council to coordinate/resolve disputes
between states and the Union.

Territories
Article 1 (1) says that India is a Union of States as elaborated under Parts V (The Union) and VI
(The States) of the Constitution. Article 1 (3) says territories of India constitute states, union
territories and other acquired territories. The concept of union territory was established by
the Seventh Amendment. References to Territories of India, are applicable to the whole country
including union territories. References to only India, are applicable to states, but not to union
territories.

Jammu and Kashmir

The state of Jammu and Kashmir (J&K) has a separate set of applicable laws under Article
370 read with Application to Jammu and Kashmir Order, 1954 (Appendix I and II) of the Indian
constitution. Only matters related to defence, foreign relations and communications of Jammu
and Kashmir are under the jurisdiction of Union government. Laws enacted by the parliament
(including amendments to the constitution) applicable to rest of India are not valid in J&K unless
ratified by its state assembly. The Government of India can declare a state of emergency in J&K
and impose governor's rule in certain conditions. The state has its own constitution other than
applicable Indian constitution. Part XII of the J&K state constitution makes provision to amend

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its constitution with two-thirds majority by the state assembly. Part VI (The states) and Part XIV
(Services) of the Indian constitution are not applicable to J&K per Article 152 and Article 308.

Issues
The Government of India Act 1935 aimed to establish India as a Federation of States. It
emphasized division of powers, independent and apolitical Governors and Governors-General
and introduced provincial autonomy for the first time in India. On 26 January 1950, India
adopted a new constitution.

Unitary bias
Article 1 (1) of the constitution says India shall be a union of states and its citizens shall have at
least two tiered governance. The people of a Union Territory have every right to opt
for statehood. However, the amended (in 1956) Article 3, allows the union government power
with prior consent of the President (common head of states and union governments) to (a) form a
new state/UT by separating a territory of any state, or by uniting two or more states/UTs or parts
of states/UTs, or by uniting any territory to a part of any state/UT; (b) the power to establish new
states/UT (which were not previously under India's territory) which were not in existence before.

Appointment and role of governors

Governor appointments are the responsibility of the President, on the advice of the Union
Government. Governors are generally not residents of the state.

Should the constitutional machinery in a state break down, Article 356 allows a state of
emergency that dissolves the state government and establishes Presidential rule. No emergency
at the centre can dissolve the Union government. Misuse of Article 356 was rampant in the
decades following its adoption, during the Indira Gandhi era. In 1991 the Supreme court passed a
landmark judgement acknowledging misuse of the article and establishing principles for the
Union government to follow before a state emergency can be invoked.

The Lieutenant Governors of Union Territories of India are designed as administrators and are
appointed by the President on the advice of the Union government. Lieutenant Governors can
override local government policies.

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Economic federalism
States are at liberty to manage their finances as long as that does not lead to financial emergency
as per Article 360. The Government of India is trying to impose uniform taxationthroughout
India and to take over states' tax collection mechanisms without regard to the impacts on
individual states. Recently the Supreme Court upheld the constitutional right of states to impose
an Entry Tax which is against the principle of a general sales tax (GST).[18]

Control of industries, which was a subject in the concurrent list in the 1935 act, was transferred
to the Union List. The Union government in 1952 introduced the freight equalisation policy that
damaged many Indian states, including West Bengal, Bihar (including present-day Jharkhand),
Madhya Pradesh (including present-day Chhattisgarh) and Orissa. These states lost their
competitive advantage of holding mineral resources, as factories could now operate anywhere in
India. This was not the case in the pre-independence era when business houses such as
the Tatas and the Dalmias set up industries in these states, and most of the engineering industry
was located in West Bengal. Following the end of the policy in the early 1990s, these states did
not catch up with more industrialised states. In 1996, the Commerce & Industry Minister of West
Bengal complained that "the removal of the freight equalisation and licensing policies cannot
compensate for the ill that has already been done". [19]

National laws permit a private/public limited company to raise loans internally and externally to
its capacity. The Fiscal Responsibility and Budget Management Act, 2003 limits state borrowing
even when they have not defaulted/faced a financial emergency. The employees' salary and
pension expenditure of many state governments exceed their total revenue, without a the
President declaring a financial emergency. Article 47 of Directive Principles of the state
policy prohibits intoxicating drinks that are injurious to health but is not enforced. Instead many
states promote and tax liquor sales.

Political economy
The government is devolving central funds to the states under specific schemes (NREGA, etc.)
whose implementation by the states is controversially subject to government approval, which
violates Article 282.[6] The controversy arises from the fact that the grants for centrally
sponsored schemes and central plan schemes are under the ruling party's control and discretion.

15
In 2017, the ruling party was accused of ignoring states in need or where poor people are
concentrated, in order to pursue partisan goals. [20][21] This was described as pork-
barrel politics.[22] The party's nomenclature is designed to convey that the central government is
the source of these policies.

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CHAPTER 4 – HOW INDIA IS HAVING FEDERAL AND
UNITARY FORM BOTH
India is a unique blend of both unitary and federal form of government. Being a country with
rich cultural diversity, huge population a large area only unitary form of government is not
possible to be pulled out here.

The federal features present in Indian constitution are :

1- Two Governments.
a- Centre Government
b- State Governments
2- Division of powers between the union and its constituents.
a- Union List
b- State List
c- Concurrent List
3- Written constitution.
4- Supremacy of the constitution.
5- Partial rigidity of the constitution.

There are three ways to amendement as enshrined in the Indian constitution:

a- By simple majority – more than 50 percent of the members present and voting.
b- By special majority – two thirds majority of the members present and voting +that
should be 50 percent of the total strength.
c- By special majority with the ratification by half of the state legislatures.
6- Independent judiciary.

A- Article 124 – methods of appointment of judges : A judge of the high courts and the
supreme court is appointed through the collegiums system i.e. a closed group of the
chief justice of India , the four senior most judges of the supreme court and in case of
high court judge’s appointment also the senior most judge hailing from the high court
of the prospective appointee. President appoints them on the recommendation of the
collegiums. No one can interfere in that.
B- Removal can also be done only through impeachment.
C- No one in the parliament can discuss about the behavior of the judges of the high
courts and the supreme court unless and until an impeachment is going to be inducted
against that particular judge.
D- Pay and allowances, salary of the judges will be charged on consolidated fund of
India.1

1
A.C.KAPUR , S.CHAND AND COMPANY PVT.LTD 375-378,1950.

17
However, the constitution of India enables the federal structure to transform into a unitary one
during emergencies as mentioned in the part xviii of the constitution.

The constitution of India also contains various unitary features such as :

1. A strong centre.
2. Single citizenship.
3. Single constitution.
4. Flexibility of constitution.
5. Integrated judiciary.
6. Appointment of State Governor by the centre.
7. All India Services.
8. Emergency provisions. 2

HOW INDIA IS HAVING A UNITARY FORM OF

GOVERNMENT THROUGH ARTICLES :
1- Article 3:

Formation of new States and alteration of areas, boundaries or names of existing States:
Parliament may by law

(a) form a new State by separation of territory from any State or by uniting two or more States or
parts of States or by uniting any territory to a part of any State;

(b) increase the area of any State;

(c) diminish the area of any State;

(d) alter the boundaries of any State;

(e) alter the name of any State.

2- Article 148

There will be a CAG ,he can also look into the accounts of the states.

3- Article 257(2)

2
ibid

18
The executive power of the Union shall also extend to the giving of directions to a State as to
the construction and maintenance of means of communication declared in the direction to be of
national or military importance: Provided that nothing in this clause shall be taken as restricting
the power of Parliament to declare highways or waterways to be national highways or national
waterways so declared or the power of the Union to construct and maintain means of
communication as part of its functions with respect to naval, military and air force works.

4- Article 257(3)

The executive power of the Union shall also extend to the giving of directions to a State as to the
measures to be taken for the protection of the railways within the State.

5- Article 365

Effect of failure to comply with, or to give effect to, directions given by the Union Where any
State has failed to comply with or to give effect to any directions given in the exercise of the
executive power of the Union under any directions given in the exercise of the executive power
of the Union under any of the provisions of this Constitution, it shall be lawful for the President
to hold that a situation has arisen in which the government of the State cannot be carried on in
accordance with the provisions of this Constitution.

7-Article 248

Under this article, if any subject which is not enumerated in the 3 lists will go directly in the
hands of the union government.(Residuary Powers)

8-Article 253

Legislation for giving effect to international agreements Notwithstanding anything in the

foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any
part of the territory of India for implementing any treaty, agreement or convention with any other
country or countries or any decision made at any international conference, association or other
body.

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CHAPTER 5 – KEY ELEMENTS OF FEDERALISM IN
CONTEXT TO AMERICA

The key element of America's system of limited government is the principle of federalism. In a federal
system, some key powers are held by a centralized national government while others are reserved for the
various states governments.

American federalism existed even before the Constitution. At the time of the Constitutional Convention,
there were already 13 states that had grown used to wielding a great deal of power in managing their
affairs. Those 13 states weren't likely to choose to go out of business in order to transfer all their powers
to one national government—especially considering the important cultural, economic, and social
differences (slavery foremost among them) that divided them.

Furthermore, the American Revolution had been, in essence, a revolt against a distant and powerful
centralized government. Why would the Framers want to recreate such a potentially tyrannical structure?

Still, by 1787 most of the Framers had come to believe that the state governments created after the
Revolutionary War, and the Articles of Confederation which tied them loosely together, were maybe a
little bit too democratic and decentralized. The United States needed a more powerful central government
in order to effectively deal with the greatest challenges facing the young nation. But the Framers
remained wary of making that central government too powerful.

Federalism helped to solve the problem. The division of powers between the states and the national
government was a kind of compromise, ensuring that states would continue to exercise a great deal of
local control even while the new national government would take on more and more responsibilities.
Federalism would also provide another kind of check and balance, as the state governments and federal
government would both have certain ways to limit and influence each other.

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CHAPTER 6 – ADVANTAGES AND DIS ADVANTAGES

Arguments for Why Federalism is Beneficial:

 As a Protection Against Tyranny – One of the most important points of federalism in

dividing the power between the national government and state governments, and spreading
the national government’s power among three branches that serve as a check and balance on
each other, is that it serves as a deterrent to tyranny and runaway power. The protections we
have in our system against a tyrannical, runaway government are one of the most important
points to why the system was designed the way it was.
 Diffusing Power – The form of federalism that we have in our country, where power is
shared with state governments, and where the federal government is separated into three
branches, serves as a means to make sure that all power is not centralized into a single person
or group of people, since excessive power among a single group tends to be corrupting.
 Increasing Citizen Participation – By not centralizing all power into the hands of a
national government, but sharing that power with state governments, which are closer to the
level of the common citizen, our founders actually increased a citizen’s ability to effect their
government, government policy, and lawmaking.
 More Efficient – When some of the power of the government is dispersed among the
states, giving states the right to solve some of their own problems, you allow for more
efficiency within the system. To try to have a national solution to all problems, which could
be refered to as a ‘cookie-cutter method’ of law and policy making, you end up with solutions
that are more effective in some states, and less effective in others. To allow states to create
solutions to their own problems, using policies and laws that work best in their state, means
that each state can come up with its own solution, making government more efficient.
 Conflict Management – By allowing different communities and states to create their
own policies, they allow for people with irreconcilable differences, or very strong
disagreements, to live in separate areas, and create their own solutions, or policies, that would
be totally disagreeable to the other people in other states or regions of the country.

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 Innovation in Law and Policy is Encouraged – By allowing for many state
governments, different sets of policies can be tried, and the ones found most effective at
solving its problems can then be implemented in other states, or on the national level. Imagine
Christopher Columbus trying to get funding to voyage across the Atlantic Ocean if there was
a unified Europe back then, with its head saying ‘no!’ to him; instead, he had several
governments from which he could try to get his funding – he got turned down by several
governments before Spain gave him the okay. The same principle applies today with our
many states – something that is rejected in one state can most likely be tried in another state,
with competition leading the way, based on effectiveness of those laws.
 State Governments Can be More Responsive to Citizen Needs – The closer a
government entity is to its citizens, the more likely it is the respond to the needs of citizens.
States are more likely to listen to citizen needs, and respond to them, than the national
government would be.

Arguments Given for Why Federalism has a Detrimental or

Negative Impact on Society:

 It had a History of Protecting Slavery and Segregation – This is often cited

as one of the main detriments of the system of federalism that we have in this country,
that since slavery was a state issue, it was something that could not be removed on the
national level.

 It Allows for Inequalities Between Different States – For example, instead of

education funding throughout the country being the same, since it is a state issue, some
states will spend more, per capita, on education than other states, causing what could be
considered a disparity. The same goes for other things, as well, such as taxes, health care
programs, and welfare programs.
 The Blockage of Nationalist Policies by States – States can fight against the
existence of certain national laws by challenging them in court, or going out of their way

22
 to not enforce those national laws, or even deliberately obstructing enforcement of
national laws.
 Racing to the Bottom – One argument given is that states will compete with each
other in an oppositional way, by reducing the amount of benefits they give to welfare
recipients compared to, say, a neighboring state, motivating the undesirables to go to the
neighboring state, thereby reducing their welfare costs even more. This reduction of state
benefits to needy has been deemed the ‘race to the bottom.’

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CONCLUSION
So, our federalist form of government has several advantages, such as protecting us from
tyranny, dispersing power, increasing citizen participation, and increasing effectiveness, and
disadvantages, such as supposedly protecting slavery and segregation, increasing inequalities
between states, states blocking national policies, and racing to the bottom in terms of how they
treat their citizens. Do the advantages outweigh the disadvantages? I believe so. I support the
system of federalism, agreeing with the benefits, and doing my best to give counterarguments to
the disadvantages, in order to negate them. All in all, I think our system is superior even to the
parliamentary and cabinet system found in the United Kingdom, as well the confederation
system found in Canada, as well as the one preceding our present system.

24
BIBLIOGRAPHY
1- A.C.KAPUR , PRINCIPLES OF POLITICAL SCIENCE,S.CHAND AND
COMPANY PVT.LTD ,1950
2- O.P.GABA, AN INTRODUCTION TO POLITICAL THEORY,
MACMILLAN. 2000
3- https://www.worldatlas.com/unitarystate.html
4- http://www.studylecturenotes.com/social-sciences/law/428-unitary-form-of-
government-definition-a-characteristics-of-unitary-state
5- https://www.bartleby.com/writing/document/P3C2BPAYVJ
6- https://indiankanoon.org/doc/497125/

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