In this article you will learn about the Features of Federal State in Political Science.
Features of Federal State
A Federation or a Federal State is always characterised by several essential features. A state which has the following features can be always described as a Federation.
Division of Powers
Division of Powers between the central government on the one hand and the state or provincial governments on the other is an absolutely essential condition of a federation. In the division of powers one part of the authority and power of the state is vested with the central government and the rest is vested with the state governments. Each government works within a definite and defined sphere of functions. The functions of national importance which concern all the people of the state are vested with the central government, whereas local and regional functions are in the hands of the state governments. For example, the administration of subjects like defence, currency, coinage and foreign affairs etc., are given to the former, and the other subjects like local administration, education, prisons etc. given to the latter.
There are different ways in which the division of powers between the centre and states stands affected by different federal constitutions. As for example, the US Constitution specifies the powers of the federal government and gives all other powers to the state governments. The Constitution of India defines separately the powers of the Union (federal) Government, powers of state governments, concurrent powers which are available in common to both the Union and the states, and also vests the residuary powers with the Union. The Union List contains the list of subjects under the Union Jurisdiction, the State List specifies the subjects under the jurisdiction of each state government and the Concurrent List contains subjects over which both the Union and the States can legislate. As such the mode of division of powers can be different but it has to be essentially made in every federal state. It is the signpost of a federation.
Written Constitution
Since in a federal constitution there has to be a division of powers, it becomes necessary to do so in writing in order to make it definite and binding upon both the centre and the federating states. As such, a written constitution is a must for a federal state/federation. The constitution must be a written and enacted constitution only then can it affect the division of powers in a successful and efficient way and specify the respective areas of authority of the centre and the states. A written constitution is deemed essential for clearly laying down the relations between the centre and the states.
Rigid Constitution
A federal constitution has to be a written and rigid constitution because it is to be kept immune from unilateral amendments on the parts of the centre or the states. Only the central government and the state governments together can have the powers to amend the constitution. Further, in order to maintain rigidity and stability of the federal system, there is prescribed a special method of making the amendments in the constitution.
In the US Constitution the amendment process is a two stage process. In the first stage either the US Congress with 2/3rd majorities of its two houses or the constitutional convention called by the Congress acting on a demand made by 2/3rd state legislatures, proposes the amendment to the constitution. In the second stage, the amendment proposal, as passed above, goes to the states for ratification which requires approval either by 3/4th of the several state legislatures or by special conventions in 3/4th of the states. It is only after successfully passing through both these stages that an amendment gets incorporated in the constitution. It is indeed a rigid method. Similarly in other federal constitutions also, rigid methods of amendment are provided for.
Supremacy of the Federal Constitution
The constitution of the Federal State is the supreme law of the land in a federation and both the central government and the state governments derive their powers from the constitution. They always work within their own spheres as demarcated from them by the federal constitution. No one has the right to violate the provisions of the constitution. In the words of K.C. Wheare, the supremacy of the constitution means that “the terms of the agreement (constitution) which establish the general (national) and regional (state) governments and which distribute power between them must be binding upon the general and regional governments. This is a logical necessity from the definition of the federal government itself.”
This article on Features of Federal State in Political Science is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.