Ancient Era:
In a narrow sense, federalism refers to the mode in which the body politic of a state
is organized internally—and this is the meaning most often used in modern times.
Political scientists, however, use the term federalism in a much broader sense,
referring instead to a "multi-layer or pluralistic concept of social and political life". [9]
The first forms of federalism took place in ancient times, in the form of alliances
between tribes or city states. According to historian Joseph Baratta, his colleagues
generally begin the history of federalism with the Israelite tribal confederacy led by a
military leader called a Judge between c.1200 – c.1000 BCE. Examples from the
Hellenic world between the seventh to second century BCE were the Archaic
League, the Aetolic League, the Peloponnesian League, and the Delian League. An
early ancestor of federalism was the Achaean League in Hellenistic Greece. Unlike
the Greek city states of Classical Greece, each of which insisted on keeping its
complete independence, changing conditions in the Hellenistic period drove city
states to band together even at the cost of surrendering part of their sovereignty.
Several leagues of states existed in the contemporary China.
Medieval era:
Federalism, as a formal concept, didn't exist in the medieval age, but its principles of
shared/decentralized power emerged through feudalism in Europe and similar land-grant
systems in India, where kings delegated authority over land (fiefs) to nobles for military
service, creating hierarchical power structures with local lords holding administrative, judicial,
and military control, a system that eventually faced challenges from rising commerce and
centralizing monarchs. Federalism, as a formal concept, didn't exist in the medieval age, but
its principles of shared/decentralized power emerged through feudalism in Europe and
similar land-grant systems in India, where kings delegated authority over land (fiefs) to
nobles for military service, creating hierarchical power structures with local lords holding
administrative, judicial, and military control, a system that eventually faced challenges from
rising commerce and centralizing monarchs.
Modern Concept of Federalism — Essay (with Years / Era)
Federalism is a system of government in which powers are divided between a central
government and regional or state governments. The modern concept of federalism emerged
mainly during the 20th century, particularly after the First World War (1918) and became
more prominent after the Second World War (1945). This period marked a shift from rigid,
classical federalism to a more flexible and cooperative system suited to the needs of modern
welfare states.
In the 18th and 19th centuries, federalism followed a classical model, as seen in the United
States Constitution of 1787, where powers of the federal and state governments were clearly
separated. However, this strict division proved inadequate to address modern challenges such
as economic depression, industrialization, social welfare, and national emergencies.
The turning point came during the Great Depression of the 1930s (1929–1939). In the
United States, President Franklin D. Roosevelt’s New Deal (1933–1939) significantly
expanded the role of the federal government in economic and social matters. This period is
widely regarded as the beginning of modern or cooperative federalism.
After World War II (post-1945), many newly independent nations adopted federal
constitutions that reflected modern federal principles. For example, India’s Constitution,
which came into force in 1950, established a strong central government while allowing
states autonomy, clearly reflecting the modern concept of federalism. During this era,
governments increasingly focused on economic planning, social justice, and national
integration.
From the 1950s to the late 20th century, modern federalism became associated with welfare
state policies, shared responsibilities, and financial cooperation between different levels of
government. The central government played a leading role in development planning, disaster
management, defense, and social reforms.
In conclusion, the modern concept of federalism developed mainly during the 20th century,
especially from the 1930s onward, and was firmly established after 1945. It emphasizes
cooperation, flexibility, and interdependence between central and state governments, making
it more suitable for addressing the complex political, economic, and social challenges of the
modern era
Characteristics of a federal state are as follow : 1. Division of powers: In a federal government, the
powers of administration are divided between the centre and the units. The powers may be
distributed in one of the two ways. Either the constitution states what powers the federal authority
shall have and leaves the remainder to the federating units, or it states what powers the federating
units shall, possess and leaves the remainder to the federal authority.
[Link] constitution: A federation must have a written constitution. A federation is a political
partnership of various states and consequently, there must be a written constitution.
3. Rigid constitution: The constitution of a federation should be rigid so that it could be regarded as
sacred agreement, the spirit of which should not be easily violated. A flexible constitution allows the
scope of the central government to curtail the autonomy of the federating states.
4. Special judiciary: In a federation there are possibilities of constitutional disputes arising between
the federal center and the units or between one unit and another or between the citizens and the
government. All these disputes are to be adjudicated in the light of the constitution. For this purpose
a special judiciary with wide powers must be established. It should be vested with powers of
declaring any law, national or local, ultra vires if it at variance with the articles of the constitution.
5. Supremacy of the constitution: The Constitution is the supreme law in a federation. Neither the
central government of the units can go against its spirit.
6. Double citizenship: Citizens in a federal state have dual interests and they should be given rights
of double citizenship of the federal state wherein they are domiciled and citizenship of federal states
as a whole. However, in India, we have single citizenship.
[Link] of Rights: Citizens in a federation enjoy certain rights given to them by constitution. The
constitution of India, Russia, and the U.S.A. have given fundamental rights to the citizens. It is a well-
established custom now.
2.1. Legislative Relations (Art 245 to 255) As per the Indian Constitution, legislative or law-making
powers are not vested in a single tier of government, rather they have been distributed between the
Centre and the States with respect to territory and subject matter.
1. Territorial Jurisdiction
Parliament can make laws for the whole or any part of the territory of India as well as extra
territorial legislative powers. Whereas a state can legislate only for their state. However,
there are certain limitations to territorial jurisdiction of Parliament in certain situations. For
example- Scheduled Areas. 2. Subject Matter In the context of subjects of legislation, the
constitution divides the subjectsin three lists- Union, State and Concurrent List under the
VIIth Schedule of the Constitution. Article 248 of the Indian Constitution grants the Centre
the residuary powers, meaning the authority over matters not specifically enumerated in
any of the lists in the 7th Schedule shall be exclusively handled by the Union Government. •
The Constitution gives precedence to the Union List over the other two lists and the
Concurrent List over the State List in cases of overlapping jurisdiction. • Under specific
circumstances, such as national interest or international agreements, Parliament can
legislate on State List subjects. Additionally, the Centre has control over certain state
legislations, including the power of the Governor to reserve bills for the President's approval,
and the President's authority during financial emergencies.
2.2. Administrative Relations (Art 256 to 263)
The framers of the Indian Constitution included detailed provisions to manage administrative
relations between the Centre and State, aiming to minimize conflicts between the two. Some key
features are: Example of Subjects Divided between Union and State Central Government (Union List)
State Government (State List) Both Governments (Concurrent List) Defence, Banking, Currency,
Foreign Affairs, Communication Police, Trade, Agriculture, Irrigation Education, Forest, Trade,
Marriage, Adoption • Directives by the Union to the State governments: Article 256 mentions that
the executive Student Notes: power of every state shall be so exercised as to ensure compliance
with laws made by Parliament and any existing laws. • Delegation of Union functions to the States:
The President may, with the consent of the State government, entrust (either conditionally or
unconditionally) to that government any of the executive functions of the Centre. • All India
Services: Besides the Central and State services, the Constitution under Article 312 provides for the
creation of an additional "All-India Services", common to both the Union and States. • Inter-State
Council: The Constitution includes provisions to foster intergovernmental cooperation and
consultation, ensuring national policies are shaped through consensus. One key mechanism is the
Inter-State Council (ISC), which has held 10 meetings and made decisions such as time-bound
clearance of bills for the President’s consideration, approval of an alternative tax devolution scheme
to states, and addressing the misuse of Article 356. • Inter-State River Water Dispute: The
Parliament may by law, provide for the adjudication of any dispute or complaint with respect to the
use, distribution or control of the waters of, or in, any inter-state river or river valley.
2.3. Financial Relations (Art 268 to 293)
The financial relations between the Union and the States can be studied under the following heads:
• Taxes and duties levied by the Union, but collected and appropriated by the States: • Taxes levied
and collected by the Union, but assigned to the States within which they are leviable. a) Succession
duty in respect of property, other than agricultural land, Terminal taxes on goods or passengers
carried by railways, sea or air. etc • Goods and Services Tax. • Taxes levied and collected by the
Union and distributed between the Union and the States. • Surcharge on certain taxes, Grants-in-
Aid, Loans, Freedom of Inter-State Trade. • The Finance Commission (Article 280) recommends on
the distribution of tax revenues between the Union and the States, as well as among the States
themselves. During emergencies, financial relations between the Centre and States can change,
allowing the President to modify the constitutional distribution of revenues.