differentiate between indian federalism and us federalism
Answers
1) Written Constitution
The Constitution of both US and India is a written Constitution, which provides for a federal political structure where both the governments exercise their respective powers. The Constitutions of both the countries provide for amending the Constitution to meet the changing circumstances and the growing political, economic, social needs and demands political and economic needs and demands of their respective countries.
2) Bill of Rights and Fundamental Rights
The US Constitution has given its citizens fundamental rights such as the right to equality, freedom, right against exploitation, freedom of religion, cultural and educational rights, right to property, and the right to Constitutional remedies etc. by means of ‘The Bill of Rights’, Part III of the Indian Constitution guarantees the fundamental rights of the people as given in Articles 14 to 34.
3) Supremacy of the Federal or Union Government
In both the countries, the federal government works at the centre in which various states have acceded to. In the US, there are 50 states who have associated them to the federal government and in the Indian Union, as many as 29 states and 8 Union territories have accepted this form of government. Both in US and India, states which have accepted the Federal set up have no individual power to separate from the Central Government or the Union Government. While both the Central as well as State Government is empowered to makes laws on subjects given in the concurrent list, the law enacted by the Federal or Union Government will prevail over the law enacted by the states on the same subject in case of dispute. Thus, Federal or Union Government is supreme in the present federal structure.
4) Separation of powers
Both US and Indian Constitutions provides for separation of powers among three institutions namely executive, legislature and judiciary. Each division is empowered with a separate power. The executive governs the country, the legislature makes laws, and the judiciary ensures justice. President of US is the chief executive head of US, whereas the Union cabinet headed by the Prime Minister is the real chief executive body in India. Both US and India have a bicameral legislature. The upper and the lower houses of US legislature are called as the House of Senate and the House of Representatives respectively, and the Indian Parliament has Lok Sabha and Rajya Sabha as its Lower and Upper house respectively.
5) Powers of Checks and Balances
Though there is a clear-cut separation of powers between executive, legislature and judiciary in both countries, still there can be overlapping of these powers. There are chances of abuse of power or arbitrariness. Thus, there is a need for a system of ‘checks and balances’ prevalent in both countries.
The President having chief executive power appoints the members of his ‘Kitchen Cabinet’ and he is the Supreme Commander-in-Chief of Army, Navy and the Air Force. He is empowered to appoint the Chief Justice of the Supreme Court of the US. He enters into treaties with other countries. However, his treaties must be approved by the House of Senate. Otherwise, the treaty will not come into force.
Similarly in India, it is the Prime Minister and his cabinet who exercise real power. They can be removed from power by a successful no-confidence motion passed by both houses of parliament. The policy decisions become laws only after obtaining the requisite majority of the parliament. However, the laws enacted by the parliament are subject to the judicial review of the Supreme Court of India.
Thus, the powers of checks and balances have been the efficient method both in the US and in India in protecting the democracy in both countries.