Topic 1: Federal Government
Etymology and Meaning
The term Federation is derived from the Latin word foedus, which means a treaty or
agreement. Historically, it evolved from Late Latin terms like foederance (to ally) and
foederatio.
A federal government is a system where power is constitutionally shared between a central
government and regional units, ensuring each level is independent and autonomous. The
goal is to divide power between the center and the states/provinces so that the units enjoy a
large measure of independence and separate unity, while forming a union to achieve
national unity.
Academic Definitions
● "A federal state is nothing but a political contrivance intended to reconcile national
unity with the maintenance of state rights." (A.V. Dicey, Introduction to the study of
law of the constitution. U.S.A - 1971, p. 1) .
● "Federal states are a species of genus the genus being unions, or states which exist
in virtue of some form of government union or agreement." (R.N. Gilchrist, Principal
of Political Science, p. 404) .
Features of Federal Government
● Distribution of Power: Powers are fundamentally distributed between the center
and the state government by the constitution. The central government handles
matters of common interest that require uniformity, such as foreign relations,
defense, currency and coinage, foreign trade, and citizenship. The unit or regional
governments handle local matters like education, jails, police, agriculture, health,
and sanitation.
● Constitutional Supremacy: The federal system fundamentally implies the
supremacy of the constitution. Powers of both the central and provincial
governments are delegated by and subordinate to the constitution.
● Supreme Court: To retain constitutional supremacy, every federal state has a
Supreme Court. It interprets the constitution and decides disputes between the
central government and a province, between different unit governments, or between
different organs of the government.
● Written and Rigid Constitution: The federal constitution is a complicated contract
and the supreme law of the land. It is essentially a written and rigid document so that
its terms are open to no misapprehension. (A.V. Dicey, Introduction to the study of
law of the constitution. U.S.A - 1971) .
● Dual Citizenship: In a federal state, there exists double citizenship. A citizen has to
show allegiance and obedience to both the central and unit government.
● Bicameral Legislature: The lower house represents the interests of the nation
based on population, while the upper house represents the interests of the provinces
based on the principle of parity (equal seats regardless of state size). Examples
include U.S.A and Pakistan.
● Concurrent Power: Both the center and the units compromise on certain defined
areas to ensure uniformity and smoothness in administration, such as internal
security and internal trade.
Modern Tendencies in Federal Governments
Modern federal systems are seeing power shift toward the central government due to
several factors:
1. War: The central government is vested with protecting state sovereignty and the life
and property of citizens.
2. Growth of Social Service: Modern states are welfare states. The central
government must determine various policies for the well-being of the citizens.
3. Economic Depression: Unit governments rely on the center for money. "All federal
countries are moving towards a united economic and social system co-extensive
with its whole territory." (A.C. Kapur, Principles of Political Science, New Delhi -
1973, p. 38) .
4. Mechanical Revolution: Advances in transport and industry require centralized
control.
Merits and Demerits
● Merits: Governance becomes easier, regional governments have a better
understanding of local issues, centralized power is kept in check, and diversity
reduces the possibility of revolution.
● Demerits: It can lead to weak governance, conflict of power, expensive
administration, constitutional complexity during changing situations, and delays in
decision making.
Topic 2: Sources of British Constitution
General View
Britain does not have a fully written constitution. The written part consists of constitutional
laws and historical documents, while the unwritten part, which is equally important, relies on
conventions. The sources are many and diverse.
1. Historical Documents and Great Charters
These are landmark documents in national history that act as the foundation of the
constitution.
● The Magna Carta (1215)
● The Petition of Rights (1628)
● The Act of Settlement (1701)
● The Statute of Westminster (1931)
● The Public Order Act (1936)
● The Indian Independence Act (1947)
2. Statutes (Acts of Parliament)
Most of these are acts passed by Parliament from time to time as circumstances demand,
rather than being the outcome of a constitutional struggle.
● A good number of ordinary statutes deal with practical public matters.
● They regulate things like suffrage (voting rights) and methods of elections.
3. Common Law
Common law is a body of judge-made rules.
● These rules have never been ordained by a king or formally executed by Parliament.
● They developed naturally over centuries through court cases and legal precedents.
4. The Conventions of Constitution
Conventions are the main unwritten source of the constitution. They are the traditional
practices and customs that dictate how the government operates in reality, bridging the gap
between historical law and modern democratic needs.
5. Works of Great English Writers
The writings and interpretations of great English legal scholars serve as authoritative guides
to understanding the unwritten and complex parts of the constitutional law.
Topic 3: Executive Branch of Government
Meaning and Definitions
Since the time of Aristotle, political power has been divided into three broad categories, with
the executive being the second main division of the government. The term is derived from
the word "Execute", which means to "carry out a plan". The main role of the executive is the
execution of policies and the enforcement of laws made by the legislature and upheld by the
courts.
● Narrow Sense: "In ordinary usage the executive department includes the chief
magistrate of the state and his ministers, advisers and department heads." (R.G.
Gettell, Political Science, Calcutta: 1961) .
● Broad Sense: "The aggregate or totality of all the functionaries and agencies which
are concerned with the execution of the will of the state as that will has been
formulated and expressed, in terms of law." (Garner, Political Science and
Government, p. 677) . This includes not only the President or Cabinet, but also
subordinate officials like policemen and clerks.
● The Residuary Legatee: It is most useful to look upon the executive as the
residuary legatee, which explains the mixed nature of its functions. (Vidya Dhar
Mahajan, Principles of Political Science, S. Chand, New Delhi: 1975, p. 326) .
Divisions of the Executive
● Political Executive: Consists of members who are heads of various departments
but have a temporary tenure. They are elected or selected by the people through fair
and free elections for a particular time. Examples include the Prime Minister,
ministers, and parliamentary secretaries. (Vidya Dhar Mahajan, Principles of Political
Science, S. Chand and Co., New Delhi: 1975, p. 329-330) .
● Non-Political Executive: Consists of all permanent and salaried officials who carry
out the day-to-day work of the administration. They are free from political activities,
selected through competition based on qualifications, and serve for a long time. This
is also called the Bureaucracy. (Vidya Dhar Mahajan, Principles of Political Science,
S. Chand and Co., New Delhi: 1975, p. 330) .
Functions of the Executive
Functions depend on the form of government; a dictatorship functions differently from a
democracy.
● Internal Administration: The executive directs and supervises the execution of
laws. (R.G. Gettell, Political Science, Calcutta: 1961) . It ensures the maintenance of
peace within the country and handles the appointment, direction, and removal of
officers. (Vidya Dhar Mahajan, Principles of Political Science, New Delhi: 1975, p.
335) .
● External or Diplomatic Administration: The department of foreign affairs conducts
foreign relations. In some states, treaty-making is subject to legislative approval, like
the Senate ratifying treaties in the U.S.A..
● Defence and Military: The executive secures the territorial integrity of the state and
protects it from external aggression. It includes supreme command of the army,
navy, and air force. In Britain, the executive declares war independently, while in the
U.S.A., war is declared by Congress. (A. Appadorai, The Substance of Politics,
India: 1954, p. 553) .
● Legislative Function: The executive head may disapprove acts of the legislature
via a veto. In a presidential system, this is an effective control, though it may not be
absolute. The executive can also issue rules, regulations, or orders-in-council.
● Financial Function: The Finance Department or Treasury makes provisions for
ways and means, meeting government expenditure by taxing the people and tapping
other sources of income.
● Judicial Function: The executive holds quasi-judicial power to try certain disputes
between government officials and private citizens. (A. Appadorai, The Substance of
Politics, India: 1954, p. 554) . It also includes the power to grant pardon, reprieve, or
amnesty. "One man appears to be more eligible dispenser of the mercy of
government than a body of men." (Vidya Dhar Mahajan, Principles of Political
Science, New Delhi: 1975, p. 335) .
● Grant of Titles and Honours: The executive grants titles and honors to people in
recognition of meritorious services to the nation in spheres like art, science, and
literature.
Conclusion on the Executive
Because we believe in the concept of a welfare state, the scope of the state's functions has
increased. Consequently, the duties of the executive are bound to increase as well. "The
state is every where, it leaves hardly a gap." (Vidya Dhar Mahajan, Principles of Political
Science, New Delhi: 1975, p. 336) .