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International Journal of Legal & Social Studies ISSN 2394 - 1936 Vol. II April, 2015 Issue 2 THE IMPLICATION OF UNITARY AND FEDERAL FORM OF THE STATE IN THE LIGHT OF UK, USA AND INDIA CORPORATIZED FOURTH ESTATE: PARADIGM SHIFTS SOCIAL DEPRIVATION AND MARGINALISATION: UNTOLD STORY OF NAXALITE INSURGENCY JUSTICE AND COMMON GOOD- INDIAN CONTEXT LIABILITY REGIME GOVERNING THE DAMAGE CAUSED BY NOISE AND SONIC BOOM THEORY AND PRACTICE OF THE DOCTRINE OF SEPARATION OF POWERS IN INDIA ISSN 2394 - 1936 Editorial Board Editor-in-Chief Dr. Kavita Singh Associate Professor (Law), The W.B. National University of Juridical Sciences , Kolkata Associate Editors Ms. Aisha Ahmed Sharfi Mr. Shailendra Kumar Mr. Niteesh Kumar Upadhyay Assistant Editors Mr. Jagmohan Bajaj, (Special Envoy in Ministry of Education Sci- ence and Technology, Republic of Kosovo) Dr. Ali Khaled Ali Qtaishat (Assistant Professor, Attorney & Legal Consultant, District Manger of World Mediation Center, Middle East) Dr. Enas Qutieshat, Faculty of Law, Philadelphia University (Amman, Jordan) Dr. Metodi Hadji-Janev, Associate Professor, International Law, University Goce Delcev, Macedonia Ms. Maryam Kalhor, (LL.M. Andhra University) Consultant and Legal Practitioner, Republic of Iran Mr. Ashish Kumar Sinha (Assistant Professor of Law BIL, India) Mr. Shaurya Sah (LL.M. Queen Mary, University of London) Mr. Vivek Kumar Verma (Corporate Lawyer & Founder & Editor, Indian Case Laws) Ms. Jinia Kundu (Assistant Professor, School of Law, KIIT University, Bhubaneshwar) Mr. Peter Ladis (Lecturer of Law, Chanakya National Law University, Patna) Mr. Divya Utkarsh, (LL.M, The W.B. National University of Juridical Sciences, Kolkata) Vol. II (2) International Journal of Legal & Social Studies April, 2015 THE IMPLICATION OF UNITARY AND FEDERAL FORM OF THE STATE IN THE LIGHT OF UK, USA AND INDIA Shailendra Kumar1 and Shashwat2 INTRODUCTION Government is the basic necessity for any society to exist and prosper. There are many forms of the governments throughout the globe for example unitary form of the government, federal form of government, quasi federal form of the government. United States of America is the country which exists with the Federal form of the government and United Kingdom follows the Unitary form of the Government. The constitution of America was drafted in the year 1787 and the seeds of one of the best running and the best governing Federal government were sown in that year itself. Whereas the United Kingdom having no written constitution as such has the unitary form of the government and here the law enacted by the Parliament under the power provided by the crown becomes the law, although these must be based upon certain principles such as the natural law of justice, rule of law etc. Here the ultimate power is held by the “sovereign parliament”. The British constitution is developed by through a number of factors such as: statues passed by the parliament, the conventions which get developed over time through the common practices, common laws which are developed through the judgments passed the courts and through the recent trends the British constitution is also getting influenced by the European Community constitution as well after the Britain has signed for the European Community Act 1972.3 1 PhD. Student at West Bengal National University of Juridical Sciences. 2 LL.M Student at West Bengal National University of Juridical Sciences. 3UCL CONSTITUTION UNIT, School of public policy <http://www.ucl.ac.uk/constitution-unit/whatis/uk- constitution> 3 Vol. II (2) International Journal of Legal & Social Studies April, 2015 FEDERAL FORM OF THE GOVERNMENT IN THE UNITED STATES OF AMERICA Under the form of government developed by the USA and France, one central government has the authority to govern a nation without the interference of the political subdivisions. Federalism is synonymous to confederacy. Here in this case there are the two governments, one at the province level and the other at the central level. The citizens here are responsible to the two governments i.e. the central governments and the governments of the states. They also possess the dual citizenships, one of the individual state and the other of the U.S.A. Here the power of making the legislations are divided very soundly between both the governments and they rarely give rise to any of such disputes upon the making of such legislations4. State Concurrent National Regular commerce within the state. Tax. Regulate the interstate and the foreign commerce. Create countries and the districts for the Health services. Declare war. better ruling within the state. Regulate the political parties within the Pollution related Make international treaties. state. matters. Regulate marriage and divorce regulations. Consumer Coin money. protection. Establish systems for the public education. Public utilities services. Establish electoral systems. PRESIDENTIAL FORM OF GOVERNMENT IN UNITED STATE OF AMERICA The constitution of America was framed in the year 1787 and it was the start from where the federal form of the government was established there. The Article 1, 2, 3 etc deals with the formation of the 4Max J. Skidmore, American Government; A Brief Introduction 101-200 4 Vol. II (2) International Journal of Legal & Social Studies April, 2015 government. It can be seen in the history of USA that the government is the true federal in nature as here all the states of the America at the time of independence came together on the same platform and surrendered some part of their sovereignty and agreed to form the federal form of government which we see today as United States of America. This joining of the states was voluntary in nature and hence, it formed the perfect Federal government. Executive power In the federal form of the government the president is the real executive of the country. In the United States of America the President is elected by the people of America for the term of four years. Any natural born American Citizen or any person who is having the citizenship of America (for the last 14 years) of at least the age of 35 years can become the President of America5. Removal of the office The president of America may be removed from his office before his legal term of four years is completed on the impeachment for and conviction for the treason, bribery or high crimes of misdemeanors. For such removal through the impeachment process, the case is tried in the Senate which here acts as the High Court. The chief Justice of the Supreme Courts presides and also for his impeachment a two third vote of the member present is necessary for such conviction. This process is somewhat similar to that of the removal of President of India through the impeachment process6. POWERS AND THE FUNCTION Now here we can study the power and function of the president of America under three heads as under:- Executive power The President of America is the executive head of America as well as the enforcement head of the implementation of the laws. The President is responsible for the appointment of the executives on the advice and the consent of the simple majority of the senators present. The president is also the commander-in-chief of the Army, Navy, Air force and other military powers of the states. The treaty making powers and the conduct of the foreign affairs lies with the President only. Hence through all 5 MICHALE BURGESS, COMPARITIVE FEDERALISM-THEORY AND PRACTICE, Routledge, 2006 6 Ibid 3 5 Vol. II (2) International Journal of Legal & Social Studies April, 2015 these facts and the powers given to the President we can state that the President is the real executive head of the America7. Legislative Powers Under this head of the Legislative powers the President from time to time must recommend to the congress the matters for the discussion which are critical in nature and deals with the national interest and the national security. Whenever there is need for an extraordinary session to be called/the President feels that there is need for an extraordinary session then in that case there the President may summon for the same. The president is also given the power over the preparation of the budget through the Budget and Account Act. There is also the other legislative power that the President may give the assent over the bill8. Judicial Powers The first judicial power which can be said is available to the President is the power to grant reprieves and the pardoning power for the offences done against the state. The other judicial power of the President is the appointment of the judges of the Federal court. Hence the above mentioned are the two powers for the president which comes under the judicial powers9. Formation of the Legislature of the U.S. Senate The legislature of the United State of America is a bicameral; it consists of the two houses known as the Senate and the House of Representative. The Senate is the upper house of the Legislature representing the members of the state. Earlier the senate has the members from the 13 states only, but with the passage of time there are now 50 states. Each of the states has two Senators and having 50 states in total there are 100 Senators in total. The Senate members are elected by the people of the states and their term is fixed for the 6 years. The two-third members of the Senate retire every two years10. Function and Powers of the Senate 7 DR. DURGA DAS BASU, COMPARITIVE FRDERALISM, Wadhwa Nagpur, 2008 8 Ibid 5 9 Supra 2 10 Supra2 6 Vol. II (2) International Journal of Legal & Social Studies April, 2015 The vice-President of the United State of America presides over the meetings of the senate.

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