Distribution of Powers

The essential characteristic of the federation is the distribution of powers between the central and federating governments, just as the basic feature of the unitary State is the concentration of powers in a single centre of authority. This is the essence of federalism.

Principles of Distribution of Powers

There is no uniformity of principle and method of distributing powers in the various federal constitutions of the world. Each of them distributes powers according to its own needs and conditions in which the federation came into existence. Nevertheless there are certain principles which guide and determine the form of this distribution, as described below:

Basic Principle of Distribution

The basic principle of distribution of powers in all federal constitutions is that matters of national importance and interest are allocated to the national or central government, while those of regional importance and interest to the competent units. As to what is of national importance of interest is determined by consideration of unity and security of the nation as a whole and the uniformity of treatment of certain matters on nationwide scale. Hence three kinds of powers or subjects are always allocated to the centre, viz., military and defence

matters and foreign relations, for considerations of security of the nation. Currency, coinage, banking, tariffs, patents, copyrights, communications, citizenship and naturalisation, etc., and railways, shipping, weights and measures, criminal law and procedures, marriage and divorce laws, etc., are also allocated to the centre for the sake of unity and uniformity of legislation and policy for the whole nation. The subjects which are usually regarded as of local or regional importance and interest are education, public health and sanitation, local self-government, agriculture and land tenure, prisons, etc.

Principle of Concurrent Powers

Certain subjects are of such a nature that they need to be legislated upon by both central and provincial legislatures. They are of both national and local importance. They are called concurrent powers. Both the Centre and the Units are given concurrent powers to legislate upon them. In case of conflict of laws, however, the federal law prevails.

Three Methods of Distributing the Residuary Powers

As regards the actual method of distributing powers, there different ways are adopted, exemplified by the constitution of America, Canada and Pakistan

The first method is to enumerate the powers of the federal government, id leave the remaining powers to the component units. These remaining powers are called the “residuary powers” or the “reserve of powers.” The aim of leaving the residuary powers to the federating units is to strengthen their position viz-a-viz the federal government. As they are left unenumerated, they tend to increase when new subjects arise, thus increasing the powers and strengthening the position of the component units in the federation. This method was adopted by the American Constitution,

The second method is to define specifically the powers and subjects of the component units or provinces and leave the residuary powers to the federal government. This method aims at a strong centre. The Canadian Constitution is based on it. (iii) The third method is to enumerate the powers in three separate lists of federal, provincial and concurrent powers. The Constitution .of Pakistan of 1956 had adopted this comprehensive method. Really, it was first adopted in the Government of India Act of 1935. It is also being followed by the Constitution of Bharat. In this case, the principle of residuary powers assumes a new form. Although the framers of the constitution endeavour to enumerate all possible governmental powers and functions in three different lists, yet some new matters may arise in the future. These are also called the residuary powers. In the Pakistan Constitution of 1956, the residuary powers were allocated t6 the Provinces, while in the Indian Constitution to the Centre.

  • Add Your Comment

    This site uses Akismet to reduce spam. Learn how your comment data is processed.