Federalism In U.S.A. And India: A Comparative Study

Shubham Sinha, LLM, Chanakya National Law University, Patna

Chapter 1: Abstract

Within a nation-state, the division of powers between central and subnational entities is based on the governance model of federalism. This comparative analysis explores the functional dynamics of federalism and its constitutional frameworks in the two very different democracies of India and the United States. Although both countries accept federal ideals, their methods to federal governance are different due to differences in their historical paths, cultural backgrounds, and institutional setups.

Federalism in the United States is typified by a distinct separation of powers as outlined in the Constitution, with specified powers allocated to the federal government and remaining powers remaining in the hands of the states or the people. The Supremacy Clause establishes the supremacy of federal law, and the separation of powers between the legislative, executive, and judicial departments is maintained by a system of checks and balances.

However, as the Union List, State List, and Concurrent List illustrate, India's federalism is expressed through a convoluted division of legislative authority between the Union and the states. The Union has residual powers, and a unified judiciary is essential to interpreting the Constitution and settling conflicts amongst the many branches of government.

Important facets of federalism in both nations are compared in this analysis, including fiscal arrangements, individual rights protection, intergovernmental connections, and dispute resolution procedures. With provisions for emergency powers and centralized control in times of crisis, India strikes a careful balance between federal unity and regional variety, while the United States prioritizes decentralized governance and protects individual liberties through the Bill of Rights.

By combining historical accounts, constitutional clauses, and empirical data, this research provides an understanding of the subtleties and complexity of federal governance in two different settings. Policymakers, academics, and practitioners may help improve the effectiveness and resilience of federal systems around the world by having a better knowledge of the parallels, contrasts, and changing dynamics of federalism in the US and India.