Difference Between Indian Federalism and American Federalism

Federalism is a system of government in which powers are divided between a central authority and various constituent units (like states or provinces), ensuring that both the central and local governments exercise authority over their respective regions. 

In theory, the central and state governments work independently within their spheres, defined by a written constitution. This system is designed to balance unity and diversity in large, geographically expansive countries. While both India and the United States are federal democracies, their respective versions of federalism diverge significantly due to historical, cultural, and political differences. 

What is Federalism?

Federalism is a system of government in which power is divided between a central authority and smaller political units, such as states or provinces. In a federal system, both the central (federal) and regional (state or provincial) governments have their own areas of jurisdiction, with some powers shared between the two. 

Federalism allows for a balance of power, ensuring that the central government can address national issues like defense and foreign policy, while local governments can handle matters like education, health, and public safety. This division helps manage the diverse needs of different regions, making it ideal for large, diverse countries.

Key features of federalism include a written constitution that outlines the division of powers, the presence of multiple levels of government, and mechanisms to resolve conflicts between the central and regional authorities. Federalism promotes cooperation between different levels of government and safeguards against the concentration of power in one authority.

Do Indian and American Federalism Differ?

Yes, Indian and American federalism differ significantly in both structure and functioning. The U.S. federal system is based on a more decentralised approach, where the states retain substantial autonomy, particularly in areas like education, criminal law, and public health. The Tenth Amendment to the U.S. Constitution explicitly reserves powers not delegated to the federal government for the states, emphasising state sovereignty. In contrast, Indian federalism, while also dividing power between the central and state governments, is more centralised. The Indian Constitution gives the central government significant control over states, especially in emergencies. India is often described as a “quasi-federal” system because of its unitary bias, allowing the central government to intervene in state matters under certain circumstances.

Additionally, U.S. federalism emphasises strong judicial protection of states’ rights, whereas India’s judicial system often favours the central government’s authority in disputes between the centre and states. Thus, while both countries are federal in structure, India’s system leans toward centralisation, whereas the U.S. promotes greater state autonomy.

What’s the Difference Between Indian Federalism and American Federalism?

Here is a table that outlines the key differences between Indian federalism and American federalism:

Historical Background and Constitutional Development

United States Federalism

The federal system of the United States was established with the ratification of the U.S. Constitution in 1789. It was a response to the perceived weaknesses of the Articles of Confederation, which created a loose confederation of states with limited central authority. The framers of the U.S. Constitution were deeply influenced by their experiences under British colonial rule, which led them to seek a system that protected individual liberty while maintaining an effective national government.

The U.S. federal system was designed to address the need for a strong central government to manage issues such as defence, interstate commerce, and foreign relations, while also preserving the autonomy of individual states. The result was a federal republic that balanced power between the national government and the states, with a clear separation of powers between the executive, legislative, and judicial branches.

Indian Federalism

India’s federal structure emerged after the country gained independence from British rule in 1947 and adopted its Constitution in 1950. Unlike the U.S., India did not have a long tradition of decentralised governance. During British colonial rule, India was largely governed as a unitary state, with significant control exercised by the central authorities.

The framers of the Indian Constitution were influenced by the need to maintain unity and integrity in a country with immense cultural, linguistic, and regional diversity. India’s federalism was designed to accommodate these differences while ensuring a strong central government that could hold the country together. As a result, Indian federalism has often been described as “quasi-federal” or a system that is federal in structure but unitary in spirit.

Written Constitution

Both India and the United States have written constitutions that lay out the federal structure of government. However, there are significant differences in the length, complexity, and flexibility of these documents.

U.S. Constitution

The U.S. Constitution is a relatively short document, consisting of seven articles and 27 amendments. It provides a broad framework for the federal system, outlining the powers of the federal government and the states. The Constitution’s brevity allows for a great deal of interpretation and adaptation by the courts, particularly the U.S. Supreme Court.

Amendments to the U.S. Constitution are rare and require a high level of consensus. An amendment must be proposed either by a two-thirds majority in both houses of Congress or by a constitutional convention called for by two-thirds of state legislatures. It must then be ratified by three-fourths of the states.

Indian Constitution

The Indian Constitution, on the other hand, is the longest-written constitution in the world, consisting of a preamble, 470 articles, 12 schedules, and numerous amendments. It is far more detailed than the U.S. Constitution, outlining the powers, responsibilities, and functions of the central and state governments in great detail. The Indian Constitution also includes specific provisions for dealing with emergencies, minority rights, and special status for certain states.

The Indian Constitution is relatively easy to amend. An amendment can be passed by a simple majority in both houses of Parliament, except in cases where it affects federal provisions, in which case a two-thirds majority and ratification by at least half of the state legislatures is required. Since its adoption, the Indian Constitution has been amended over 100 times.

Division of Powers

A key feature of federalism is the division of powers between the central and state governments. Both India and the U.S. have clear provisions in their constitutions regarding this division, but the scope and nature of these powers differ significantly.

U.S. Federalism

In the United States, the division of powers between the federal government and the states is based on the principle of enumerated powers. The federal government has only those powers explicitly granted to it by the Constitution, such as the power to regulate interstate commerce, maintain a military, and conduct foreign affairs. All other powers are reserved to the states under the Tenth Amendment.

This means that U.S. states enjoy a high degree of autonomy in areas not specifically assigned to the federal government, such as education, criminal justice, and public health. However, the federal government can influence state policies through mechanisms like federal funding and the “Supremacy Clause,” which ensures that federal law takes precedence over state law in case of conflict.

Indian Federalism

In India, the division of powers is more complex and leans heavily toward the central government. The Indian Constitution divides powers into three lists:

1. Union List: Contains subjects on which only the central government can legislate, such as defence, foreign affairs, and atomic energy.
2. State List: Contains subjects on which only state governments can legislate, such as police, public health, and agriculture.
3. Concurrent List: Contains subjects on which both the central and state governments can legislate, such as criminal law, education, and marriage. In case of conflict, the law enacted by the central government prevails.

The central government in India has more extensive powers than its U.S. counterpart. It can intervene in state matters in several ways, including through the imposition of President’s Rule, whereby the central government takes over the administration of a state if it deems it necessary.

Judiciary and Interpretation of Federalism

The role of the judiciary in interpreting the constitution and resolving disputes between the central and state governments is crucial in both systems.

U.S. Judiciary

In the United States, the judiciary, particularly the U.S. Supreme Court, plays a critical role in interpreting the Constitution and defining the balance of power between the federal government and the states. Over time, the Court has issued landmark rulings that have shaped the nature of American federalism. For instance, cases like McCulloch v. Maryland (1819) and Gibbons v. Ogden (1824) strengthened the powers of the federal government, while others like United States v. Lopez (1995) reaffirmed the rights of states to regulate certain activities within their borders.

The U.S. system emphasises judicial review, allowing courts to strike down laws that violate the Constitution, thereby protecting federalism and individual rights.

Indian Judiciary

In India, the judiciary, led by the Supreme Court of India, also plays a pivotal role in interpreting the Constitution and resolving disputes between the central and state governments. However, the Indian judiciary tends to favour the central government in cases of conflict. This is partly because the Constitution grants the central government significant powers to ensure national unity and stability.

The Indian Supreme Court has upheld the central government’s authority in cases such as the use of the President’s Rule in states, and it has interpreted the Constitution in ways that often bolster the power of the central government over the states.

Evolution of Federalism

Both India and the United States have seen the nature of federalism evolve over time, though in different ways.

United States

American federalism has evolved significantly since the adoption of the Constitution. Initially, the U.S. followed a model of “dual federalism,” in which the federal and state governments operated in largely separate spheres. However, this changed with the advent of the New Deal in the 1930s, which saw the federal government take on a much larger role in economic regulation and social welfare.

Since then, American federalism has been characterised by “cooperative federalism,” in which the federal and state governments work together on various issues. More recently, the trend has shifted toward “new federalism,” which seeks to return certain powers to the states, as seen in the devolution of welfare programs and education policy.

India

In India, the evolution of federalism has been marked by the increasing centralisation of power, especially in the early decades after independence. The dominance of the Congress Party at both the central and state levels allowed for strong central control over state governments. However, as regional parties have gained strength in recent decades, there has been a push for greater state autonomy and a more balanced federal structure.

India has also seen the rise of “coalition federalism,” where the central government often relies on regional parties to form governing coalitions. This has led to greater consultation and negotiation between the central and state governments, though the central government still retains significant powers to intervene in state affairs.

Emergency Powers

One of the most significant differences between Indian and American federalism lies in the emergency powers granted to the central government.

U.S. Federalism

The U.S. Constitution provides limited emergency powers to the federal government. While the President can declare a national emergency, his powers are constrained by the need for Congressional approval and oversight. Additionally, individual states retain significant powers during emergencies, as seen in the response to natural disasters or public health crises like the COVID-19 pandemic.

Indian Federalism

In contrast, the Indian Constitution grants sweeping emergency powers to the central government. During a national emergency, the central government can assume control over all state functions, suspend certain fundamental rights, and alter the distribution of powers between the centre and the states. These provisions were used extensively during the Emergency declared by Prime Minister Indira Gandhi in 1975-1977, when civil liberties were curtailed, and state governments were effectively sidelined.

Fiscal Federalism

Another key difference between Indian and American federalism is the distribution of financial resources between the central and state governments.

U.S. Federalism

In the United States, states have significant revenue-raising powers, including the ability to levy taxes on income, sales, and property. While the federal government provides funding to the states through grants and programs, states retain substantial fiscal autonomy. The federal government cannot directly control state spending or taxation policies, though it can attach conditions to federal funds.

Indian Federalism

In India, the central government controls most of the country’s financial resources. While state governments can levy certain taxes, their ability to raise revenue is limited. The central government distributes funds to the states through mechanisms like the Finance Commission, which determines how national revenue is shared. This has led to a situation where state governments are often financially dependent on the centre, limiting their autonomy in practice.

Conclusion

While both India and the United States share a federal structure, the nature and functioning of federalism in the two countries differ significantly. The U.S. federal system is characterised by a clear division of powers, strong state autonomy, and a robust system of checks and balances. In contrast, Indian federalism is more centralised, with the central government wielding significant authority over the states, particularly in times of emergency.

These differences reflect the unique historical, political, and social contexts of the two countries. The U.S. federal system emerged from a desire to protect individual liberty and state autonomy, while Indian federalism was designed to maintain national unity in the face of immense diversity. Despite these differences, both systems have proven to be resilient and adaptable, ensuring the stability and governance of two of the world’s largest democracies.