Forms OF Governments - political science PDF

Preview

Summary

FORMS OF GOVERNMENTSGovernments are classified into unitary and federal on the basis of relation between the Centre and States and on the basis of the geographical allocation of powers between the national and local governments and the nature of the relationship between them.Unitary Government:Accor...

Description

FORMS OF GOVERNMENTS Governments are classified into unitary and federal on the basis of relation between the Centre and States and on the basis of the geographical allocation of powers between the national and local governments and the nature of the relationship between them. Unitary Government: According to Prof. Finer, “A unitary government is one in which all the authority and powers are lodged in a single centre, whose will and agents are legally omnipotent over the whole area.”Wheare says that “constitution may be classified also in terms of the method by which the powers of government are distributed between the government of the whole country and any local governments which exercise authority over parts of the country. On this principle constitutions are classified as `federal` or `unitary`. In a unitary form of government, the legislature of the whole country is the supreme law making body in the country. It may permit other legislatures to exist and to exercise their powers, but it has the right in law, to overrule them, they are subordinate to it” Features of Unitary Government:  Existence of single government:- The powers of the entire government are vested in a single government. It controls the whole country.  Absence of provisional government with autonomy:- In unitary form of government provincial or local governments may or may not exist. If they exist they should depend on the central government for their survival. They can enjoy only such powers which are delegated to them by the Central Government.  Constitution may be written or unwritten:- The Constitution of a unitary State may be written or unwritten.  Flexible Constitution:- A unitary government generally possesses a flexible constitution. The Central Government can alone effect changes in the Constitution through ordinary law making procedure.  Single citizenship:- Citizens in unitary government enjoy only one citizenship irrespective of the region, where they live.  Single Legislature:- Under unitary form of government, there will be only one law making legislature.  No need for an independent judiciary:- Under unitary there may be or may not be an independent judiciary as there is no possibility of conflict of judiciary between Centre and the units.

 Absence of division of powers:- There will be absence of division of powers under the unitary government because unitary government possesses single government with all powers vested with it.  Only national police force:- Most unitary States have a national police force and control over local militia units. The unitary system is more useful for small countries like U.K., Japan, Belgium, Sweden etc. administration is centralised in France and decentralised in U.K. the creation of a unitary system of government was largely the result of historical development of modern national states. When the spirit of nationality was well developed and local differences became insignificant, unitary governments came into existence. Unitary governments occurs in countries which have homogeneous populations and fairly compact territories. Merits of Unitary Government:  Unitary government provides strong government as all powers are concentrated with the Central Government which can deal with the internal as well as external problems effectively.  Possessing a singleness of policy and administration, the unitary state can adjust itself to changing conditions easily and quickly.  Unitary government is less expensive because there is only one set of government at the Centre and it is more economical.  As all the powers are concentrated in the centre, there is no possibility of conflicts of jurisdiction between the Centre and the units. As a result, administration is smooth and efficient.  Unitary system possesses greater flexibility and can adopt and adjust according to changing needs.  It is best suited to small and compact countries having geographical unity and cultural homogeneity.  It represents unity and it does not divide the allegiance of the citizens.  Unitary system is very easy and simple establish in the country.  It promotes uniformity in the fields of law, policy and administration and promotes national unity.  The strength of unitary government is also seen at its best during international crisis and wars. Demerits of unitary government:  The chief weakness of the unitary system is the absence of a strong provincial and local government.

 The danger lies when the Central authorities, remote from people, determine policies that are of concern only to particular localities and regions.  The unitary government results in greater red tapism and bureaucratic administration.  The decisions of the unitary government are often made out of ignorance of local conditions.  Power has a tendency to corrupt and absolute power corrupts absolutely. There is a greater chance for autocratic and authoritarian rule.  Under the unitary government, all the powers are concentrated with the Central Government which tends to make the administration bureaucratic.  Under the unitary government, people have very limited opportunities for participation in the governmental functioning due to the presence of a single set of government at the centre.  The unitary government is not suitable to those countries which are very big in size and population and have racial and linguistic diversity.  The unitary government may easily collapse under stress from within and outside.  The unitary government is over burdened with the workload of administration. In spite of these defects, unitary government is to be preferred wherever national unity is required. Moreover, it is an ideal form of government for small states. Federal Government: In contrast to the unitary government is the federal government in which the power of government is not centralised but distributed between a Central Government and the governments of territorial units of which the federation is composed. In fact, federalism is the device by which the force of the state is divided among a number of coordinate bodies each originating in and controlled by the Constitution. According to A. V. Dicey, “A federal state is a political contrivance intended to reconcile national unity with the maintenance of state rights.” Montesquieu says, “A Constitution by which several similar States agree to become members of a large one is a Federal Government. Hamilton says that “federation is an association of States that form a new one.” In a federal form of government both the Centre and State Governments are given Constitutional status. In a federation, both the centre and state governments having their own powers are co-ordinate and independent authorities within their allotted spheres of jurisdiction. Through division of powers the national interests and the interests of States are reconciled.

Pre-condition for a formation of Federation:

Dicey has said that two pre-conditions must be satisfied for the formation of a federation. Those conditions are,  A strong desire to have a union among the federating units.  The federating units while desiring union should be able to maintain their separate identity. Factors for the growth of Federal power: Among the people of various political units a desire to create a common government for their own common interest must exist before a federation can be created because:  The military power is in the Central government.  The financial resources are in the Central Government and the States are dependent on the national government.  Constitutions provide a prominent place to the national government.  No unit should be so powerful and domineering as to become the master of the joint enterprise.  The complex and complicated affairs of modern times.  National emergencies and calamities.  The wars and threat of wars on borders or for supremacy in world affairs.  Different States have differences on many issues and they have to depend on the centre for salvation. Features of Federal Government:  Supremacy of the Constitution:- In a federation there is the supremacy of the Constitution. Both the Central and State Governments are under the authority of Constitution. They act according to it.  Written and rigid Constitution: - All the Constitutions of federations are written and rigid. The written Constitutions are rigid. It implies that the process of amending the Constitution is deliberately made difficult so that the position of any government may not be adversely affected.  Two types of governments: - A federal government consists of two sets of governments, one at the Central and other in the States. Both the Centre and the State Governments exist within the same geographical boundaries of a country.  Division of powers: - In a federal government, powers are divided and distributed between the Centre and the States. Normally functions that concern the entire federation are given to the federal government and functions of regional importance are distributed among the federating units.

 Independent judiciary: - Federal government implies the existence of an independent judiciary which resolves the conflicts between the Centre and the units as well as the units themselves. The judiciary acts as the guardian and final interpreter of the Constitution.  Existence of bicameral legislature: - Federal government implies the existence of bicameral legislature. Generally, the Lower House gives representation to the people whereas the Upper House gives representation to the States.  Dual citizenship: - Some federal governments provide for dual citizenship. That means, people living in a federation can exercise two citizenships. First, they will get the citizenship of the provinces in which they are living and at the same time, they can also enjoy the citizenship of the nation. Merits of Federal Government: A federation prevents rise of single despotism.  Federation protects the political liberty of the citizens.  Federalism allows experiments in local legislation and administration that might not suit to the entire country.  In federal state, the growth of bureaucratic authority is under check. Administrative efficiency increases.  Federation is necessary for big democratic countries in the present age.  Division of powers between the Central Government and provisional governments relieves the Central Government of many burdensome functions.  Federalism protects local autonomy and preserves local diversity while simultaneously allowing the Central government enough power to run the country.  Federal government safeguards the interests of weak States.  In federal states unity in diversity can be achieved.  Federal government provides for the pooling of all the resources and achieve rapid economic development.  Federal Government provides wider opportunities for higher maintenance of democratic values.  Federal States can achieve some political domination in the international arena. This gives the nation a great international recognition. Demerits of Federal Government:  Federal government is weak in the conduct of internal and external affairs.  In federation, Centre and State Governments blame each other when anything goes wrong as the distribution of powers leads to division of responsibility.  Federal Government is more expensive because it demands two sets of governments.

 Under federal system, unnecessary delay is caused in solving problems, since both the Centre as well as the units have to be consulted.  Federal is not able to change according to the requirements of the time due to the presence of written and rigid constitution.  Due to the division of legislative powers there is always the possibility of a variety of laws on the same matter.  Federalism suffers from disunity in war time. In the event of war the federal state is at disadvantage because of the multiplicity of powers.  There is the danger of secession. The States may try to break away from the union.  Generally, federal systems provide for enhanced powers to the Central Government, the State Governments have to depend on it for everything. Quasi-Federal Government: Some people are of the opinion that the characteristics of Indian polity is a federal polity with strong unitary tendencies, while there are others who feel that it is primarily a unitary polity with some federal features. Prof. K.C. Wheare in his work `Federal Government` refers about the `federal principle` without which no polity can be called `federal`. According to him, when “the field of governments is divided between the federal and State governments, neither of which is subordinate to other, but are co-ordinate and independent within the sphere allotted to them. The constitution of the India does not strictly conform to the following federal features:  The existence of two levels of Governments, Central and the others in States.  The existence of two parallel systems of judiciary.  Rigidity of the Constitution which means that the method of amending the Constitution is difficult. However the Constitution of India has the following federal features to be called a `federal type` :  The existence of double Governments one at Centre and the other in states.  There is power distribution among the Central Government and the State Governments.  There is separation of powers among the organs of government and the judiciary is independent from the control of the executive and legislature.  There is rigid and written constitution with difficult amendment procedure.  There is distinction between constitutional law and ordinary law. But an analysis of the Indian Federation reveals that there are strong centralising tendencies in Indian Constitution and the word `federation` occurs nowhere in our

constitution. India has been described by the constitution as a `Union of states` and we find great emphasis on the unitary aspect of our constitution. Indian federation contains the following unitary features:  In the executive field, the Central Government can send directions to the Government of the state as to how they are to exercise their administrative power.  The State Governors, under the Constitution, are to be appointed by the president.  The President can, by proclaiming a state of financial emergency, order the reduction of the salaries and allowances of state officials.  Parliament can by law increase or diminish the area of any State, or alter the name or boundaries of any state or form a new State by separation of territory from any State or by uniting two or more states or parts of States or by uniting any territory of to a part of any State.  The Centre enjoys residuary powers. The Centre exercises unlimited jurisdiction over the federal matters besides exercising concurrent jurisdiction over the matters enumerated in the concurrent list.  Laws passed by the State Legislature, on a subject on the State list, may be reserved for the consideration of the President by the Governor.  Though a law and order is a State subject, the Centre deploys Central Reserve Police in States, whenever it deems necessary without concurrence of States.  The Constitution has distributed the financial resources in such a way that States have to seek grants from the Union Government.  In case of failure of Constitutional machinery in a State, the President can assume all the functions of the Government of the State.  Similarly, in case of financial emergency, the President can issue necessary directions to State Governments.  During a period of emergency, the Union Parliament can make laws in relation to matters in the State list.  There is single judiciary system.  In India, there are All India Services. The Constitution makers intended to make the Centre very strong with features of federation. A quasi federal state is a federal state with the characteristics of a unitary state. It is neither wholly a federal state, nor wholly a unitary state, but the combination of two.it is an incomplete federation. Thus, India is the best example of a quasi-federal state....