discuss the characteristics of federalism?
Answers
1. Distribution of powers: An essential feature of a federal Constitution is the distribution of
powers between the Central Government and the Governments of the several units
forming the federation.
2. Supremacy of the Constitution: The Constitution is binding on the Federal and the State
Governments. The Central Government as well as the State Governments derives their
powers from the Constitution. Also, neither of the two Governments should be in a
position to override the provisions of the Constitution related to the powers and status
enjoyed by the other.
3. Written Constitution: The Constitution must be necessarily a written one. This is basically
to avoid any doubt about the supremacy of the Constitution as well as to clearly demarcate
the powers between the Centre and the State governments.
4. Rigidity of the Constitution: This feature is a corollary to the supremacy of the
Constitution. Rigidity does not mean unamendability of the Constitution, but simply
means, the power of amending the Constitution, especially the regulating status and
powers of the Federal and the State Governments, should not be confined exclusively
either to the Federal or to the State Governments.
5. Authority of the Courts: There must be an authority that can prevent the Federal and State
Governments from encroaching upon each other's powers. Secondly, there should be a
final Supreme Court which should not be dependent upon the Federal or State
Governments and should have the last word in matters involving Constitutional affairs.