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A Comparative Analysis of the Idea and Working of Federalism in India with Reference to U.S.A., Canada, Australia, and Switzerland

Rajeev Kumar Singh

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Indian Journal of Law and Human Behavior 10(2):p 106-115, July - Dec 2024. | DOI: https://doi.org/10.21088/ijlhb.2454.7107.10224.6

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Rajeev Kumar Singh, A Comparative Analysis of the Idea and Working of Federalism in India with Reference to U.S.A., Canada, Australia, and Switzerland. Indian J Law Hum Behav 2024;10(2):106-115.

Timeline

Received : July 27, 2024         Accepted : November 13, 2024          Published : December 20, 2024

Abstract

Federalism is a system of government in which power is divided between a central authority and various constituent units, such as states, provinces, cantons, etc. Federalism allows for diversity and autonomy of the sub-national units, while also maintaining a common national identity and interest. Different countries have adopted different models of federalism, depending on their historical, political, and social contexts. India is a federal republic with a parliamentary system of government. The Constitution of India, adopted in 1950, provides for a division of powers between the Union and the States, with a concurrent list of subjects on which both can legislate. The United States of America is a federal republic with a presidential system of government. The Constitution of the United States, adopted in 1787, establishes a federal system of checks and balances between the executive, legislative, and judicial branches of the federal government, and the states. The Constitution also grants certain powers and rights to the citizens, such as the Bill of Rights, which limit the authority of the federal government.  Canada is a federal parliamentary monarchy with a constitutional system of government. The Constitution Act, 1867, formerly known as the British North America Act, 1867, created a federation of four provinces: Ontario, Quebec, Nova Scotia, and New Brunswick. The Constitution Act, 1982, patriated the constitution from the United Kingdom, and added the Canadian Charter of Rights and Freedoms, which guarantees the rights and freedoms of the people. Canada has a bilingual and multicultural society, with two official languages (English and French) and a recognition of the rights of the Aboriginal peoples.  Australia is a federal parliamentary constitutional monarchy with a Westminster system of government. The Constitution of Australia, adopted in 1901, established a federation of six states and two territories. The Constitution also outlines the roles and responsibilities of the executive, legislative, and judicial branches of the federal government, and the states. Australia has a common law system, with the High Court of Australia as the final court of appeal.  Switzerland is a federal semi-direct democracy with a directorial system of government. The Constitution of Switzerland, adopted in 1848, and revised in 1999, defines Switzerland as a confederation of 26 cantons, which have a high degree of autonomy and sovereignty. The Constitution also provides for a system of direct democracy, in which the people can initiate or reject laws through referendums and popular initiatives. Switzerland has a multilingual and multicultural society, with four official languages (German, French, Italian, and Romansh) and a recognition of the diversity of the   cantons.Thispaperwillendeavor to discus s,analyze,andcomparethesystemoffederalismindifferentcountrieswith respect to India and this doctrinal research will focus on the system of governance in the mentionedcountries.


References

  • 1.   Law, John (2013) ‘How Can We Define Federalism?’ in Perspectives on Federalism, Vol. 5, No. 3, pp. E105-
  • 2.   Daniel J Elazer, Althusius and Federalism as Grand Design, Jerusalem: Centre for public affair,1992, available on Journals. cambridge.org
  • 3.   Daniel Ziblatt (2008). Structuring the State: The Formation of Italy and Germany and the Puzzleof Federalism. Princeton University Press.
  • 4.   Surendra Singh and Satish Misra―Federalism in India: Time for a Relook?
  • 5.   Amaresh Bagchi ―FiftyYears of Fiscal Federalism in India– An Appraisal.
  • 6.   Prakash Karat―Federalism and the political systemin India.
  • 7.   PatrickHoenig―Federalism and identity in India
  • 8.   Surendra Singh and Satish Misra―Federalism in India: Time for a Relook

Data Sharing Statement

There are no additional data available. All raw data and code are available upon request.

Funding

This research received no funding.

Author Contributions

All authors contributed significantly to the work and approve its publication.

Ethics Declaration

This article does not involve any human or animal subjects, and therefore does not require ethics approval.

Acknowledgements

We would like to express our gratitude to the patients, their families, and all those who have contributed to this study.

Conflicts of Interest

No conflicts of interest in this work


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Cite this article

Rajeev Kumar Singh, A Comparative Analysis of the Idea and Working of Federalism in India with Reference to U.S.A., Canada, Australia, and Switzerland. Indian J Law Hum Behav 2024;10(2):106-115.


Licence:

Attribution-Non-commercial 4.0 International (CC BY-NC 4.0)

This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator.



Received Accepted Published
July 27, 2024 November 13, 2024 December 20, 2024

DOI: https://doi.org/10.21088/ijlhb.2454.7107.10224.6

Keywords

FederalismDivision of PowerQuasi FederalUnitaryBilingualand multicultural societyParliamentary constitutional monarchyWestminster system of governmentpresidential system of government

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Received July 27, 2024
Accepted November 13, 2024
Published December 20, 2024

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Attribution-Non-commercial 4.0 International (CC BY-NC 4.0)

This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator.



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