A federal State is one in which the supreme powers in the State are illslributed by the constitution between a central government and the governments of the federating units, making each government supreme within its own sphere of powers. As distinguished from a unitary government, a federation is a dual government, with two sets of liovernments, each of which exercises supreme and original authority within ill sphere of powers as defined by the constitution. According to Hamilton, n federation is an association of States forming a new one.” In the opinion ill Dicey, it is “a political contrivance intended to reconcile national unity wllh the maintenance of State rights.”
Federal State is distinct from the unitary State. In the unitary State, Ibr governmental powers are concentrated in a single organ of the State, while in the Federal State they are distributed between two sets of governments, federal and constituent governments. The distribution of |Miwers is in such a way that the government of the federating unit exercises mprcme and original authority within its own sphere of powers, not derived delegated authority from the central government, as the local government of the unitary State does.
These powers are riot the grant of the central government, but the gift of the constitution. The government of the federating unit is not subordinate to the central government. Both are supreme within their spheres of powers, as defined and demarcated by the constitution. Neither of them can interfere nor encroach upon the powers of the other. Hence, unlike the local government of the unitary State, the form and functions, the territory and authority of the component units of a federation cannot be increased, decreased or otherwise mddified by the central government. If any change is to be made, it can be done only by amending the constitution, and with the consent of the constituent unit or units.