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Table of Contents 2 INTRODUCTION: 3 3 PHILOSOPHICAL ORIGINS OF FEDERALISM: 4 4

THE EFFECTIVENESS OF FEDERALISM IN THE 21ST CENTURY: 5 4.1 Federalism and
Democratization: 5 4.2 Federalism and Conflict Management: 6 4.3 Federalism And
European integration: 7 5 FUNCTIONING OF DIFFERENT FEDERALIST STATES AS CASE
STUDIES: 7 5.1 Pakistan: 7 5.1.1

Federalism and the Covid 19 crisis in Pakistan: 9 5.2 India: 9 5.2.1 Federalism and the
AAP model in Delhi: 10 5.3 The United States Of America: 11 5.3.1 Federalism and the
protection of rights in American society: 11 6 FEDERALISM IS THE ONLY
WAY-FORWARD! 12 7 CONCLUSION: 12
Introduction: Human societies have always divided their social lives into small
communities, tribes, clans, neighborhoods, cities, towns, and regions, and always have
collaborated with other communities for their mutual benefit, and welfare. They
practiced this tradition even when they lived in large kingdoms or empires.

This fact generates the discourse that this form of “federal” organization has always
been prominent in human history except in the last 350 years related to the advent of
the modern nation-states._ The existence of federalist characters in human societies as a
whole could be found throughout history and by evolution, human societies had
translated this phenomenon into the structure of any state. The emergence of
nation-states made this phenomenon practical as it was to be applied in every sphere of
life.

However, when it is translated into the structure of any state, it is not as easy as it
seems. As we know that state is composed of many different elements like population,
territory, centralized government, and sovereignty. Every state has its challenges as per
the dynamics. Every state has its approaches to solve any conflict within its territorial
boundaries.

This leads us to the functioning of any state which requires a suitable framework and for
that purpose we have to which model would be the best for the functioning of any state
as per the surmounted challenges. However, when we try to establish the practicality of
an idea, it is pertinent to mention the theoretical stages which are required to set the
stage.

Every theoretical phenomenon has its foundations laid in the philosophical domains.
The coherency of philosophical concepts makes it fairly enough possible for its
proponents to establish the practical stage. So, in this term paper, first of all, we have
mentioned the philosophical foundations of federalism, and then onwards, we described
the effectiveness of federalism in today’s world so that it would become plausible for
readers.

Philosophical origins of Federalism: Most of the major studies on federalism only revolve
around the relations of legislative, financial, and administrative between the center and
the provinces. The least has been paid to the theory-building/philosophical foundations
of this major phenomenon.2 To understand the philosophical tenets of federalism, it is
pertinent to mention the works of different philosophers.

The first prominent philosopher we have is Montesquieu. In his book, The spirit of laws,
he conceptualized this phenomenon and gave it the semantics, and provided its
genealogy. He was very well versed in the history of the Greeks and Romans. He was the
first one to introduce this phenomenon in modern political thinking at that time.

He purported the idea of “federative republics”, as unions of different states through a

mutual contract that would flourish and resist strong enough to avoid the influence of
monarchies. He referred to the union of Greek city-states as “federative republics”. His
writings were greatly quoted in the Federalist papers which are of paramount
importance in the history of the constitution of the USA.3

The second major philosopher was Immanuel Kant. In his book, “Perpetual Peace: A
Philosophical Sketch”, Kant signifies the establishment of the state of peace. He
bolstered the idea of the federation of “free states”. By nullifying the authoritarian
sovereigns, he argued that these sovereigns are the main reason for the perpetuation of
wars at the expense of the people.

He developed the approach in which he stressed upon the laws legislated by the
Republics. In order to achieve peace, freedom, equality, and justice among the masses,
the legislation, and civil constitution must be imposed and respected. Kant established
three pre-requisites for the establishment of peace: The constitution of every state shall
be based on the principles of the republican, The laws of the nation shall be based on
the federation of free states, and The establishment of the world citizenship.

In these three elements, Kant provided the framework for the federalist approach.
However, in his argument about the creation of world citizenship, he neglected this idea
and wrote that the maintenance of peace in large states isn’t possible because of the
diversity of people and suggested that a federation is the only suitable phenomenon to
solve these issues.4

The third and the last major philosopher in this domain is Pierre-Joseph Proudhon. He
was very vocal about the idea of anarchism and supported it in his early life. But later he
supported federalism in his works. He argued that authority and liberty go hand in hand
with each other and the only way they can be protected is by presenting a decentralized
form of government.

To protect the divine rights of the masses against the potential threat of a centralized
and sovereign state, he followed the general approach towards federalism in which
power would be divided between every section of the society.5 The Effectiveness of
Federalism in the 21st century: In the 19th century, the French theorist Pierre Joseph
Proudhon wrote that “the twentieth century will open the age for federations, or
humanity will go another purgatory of a thousand years”.6
After the destruction of two world wars in the 20th century, another prominent
American scholar of federalism Daniel Elazar wrote that the federalist revolution is the
only requirement for stability and peace in an ever-growing world. However, in the 21st
century, peace has not yet completely been achieved but federalism has become every
country’s second choice in the case of enormously bifurcated societies like Siri Lanka,
Pakistan, Iraq, etc.7

The question remains relevant whether the concept of federalism diminishes the
everlasting conflicts or harbors the institutionalized exploitation of different groups and
diversities. So, the remaining text is dedicated to those features that strengthen our case
for the effectiveness of federalism in the 21st century. Federalism and Democratization:
The French revolution extracted the parochial system of privileges for feudal lords and
since that, progress has been related to the centralism of democratic principles based
on universal rights. Central power structures proved to be prone to systematic
exploitation of subjects.

However, in many different countries, this partial dictatorship of the system led to the
process of reimagination. Federalism paved the way for democratization. In the case of
Pakistan and Ethiopia, federalism has played a humongous role in democratization.8 In
Pakistan, this process led to the peaceful inclusion of different ethnic groups and
religious identities in the peaceful process of democracy.

The principles of democracy in Pakistan had long been ignored in the past. The
transition to dictatorships remained common and lucid in the last century. However, that
is not the case in the present century. The 18th amendment to the constitution
diminished the previous errors which destabilized the democracy and paved the way for
political institutions to strengthen the doctrine of federalism in the country. FATA
inclusion in KPK is one such example of the promise of federalism.

In 2018, the National Assembly of Pakistan passed the bill for the FATA-KP merger.
Similarly, the provincial assembly also passed the bill in favor of the merger. It wouldn’t
suffice to say that if it wasn’t for the upholding of federalist principles, this peaceful
process would’ve led to many problems. Federalism and Conflict Management:
Federalism provides surety when it comes to managing the conflicts in highly dispersed
societies such as Sri Lanka, Iraq, and Pakistan. This potentiality of federalism embedded
in the doctrine which ensures flexibility in cooperation between the different levels of
government.

The constitution of diverse societies provides a framework for the peaceful

understanding of emerging conflicts and interests. The constitutional framework of India
stands for secular democracy. Despite the drastic crises of religious rioting, genocides,
and military conflicts with Sikhs, India serves as the most successful story of the
sustainability of democratic norms in the 21st century, and federalism has played a key
role in achieving this goal. There are 26 provinces in federalist India.

The constitution of India ensures the well-being of these provinces by providing

flexibility and adaptability in its framework. Despite humongous challenges, it allowed a
shift from excessive centralism to “negotiatory federalism”.9 Federalism And European
integration: The European Union is one of the major successes of federalism as it paved
the way for peace among the European countries.

The European integration was started after the gory end of two world wars. This desire
was driven by the aim of achieving peace and stability. The European rulers recognized
that a favorable environment was essential in order to build economic partnerships.
European Union has 27 members and has left behind US and China in trade.

This novel type of federalism has its own European parliament which devises legislation
for the betterment of the citizens of all the countries.10 Functioning of Different
Federalist States as Case Studies: As we have mentioned the scope of federalism in
determining the future of different societies in resolving different issues, achieving
long-desired peace, and predicting a safe future for the masses.

By relating the concept of federalism to the different basic tenets of any society, we
have generated the discourse that how federalism has been playing its role efficiently in
the 21st century. Now in the remaining text, we will particularly explain the effectiveness
and functioning of federalism by selecting some case studies. We will explain the way
forward for the betterment of federalism in the upcoming decades.

The case study of different federalist states will dissect some basic concerns which have
been previously raised over the credibility of the practicality of the federalist doctrine.
Three federalist states have been selected in this case study: Pakistan USA India
Pakistan: Pakistan was declared a federal state under the constitution of 1973.

It was quite natural that the multiplicity of ethnicities would lead to the formation of the
federalist state. Pakistan has faced the number of challenges since the time of
independence. The country had gone through four coup d’états. The doctrine of
democracy was challenged by the coalition of Civil-Military oligarchy.

This junta hindered the growth of democratic norms in this ethnically diverse country.
The civilian hegemony, which was the need of the hour, was being taken care off by the
charismatic personality of Zulfiqar Ali Bhutto. After the fall of Dhaka, he managed to
bring all the political parties on the same page and created the consensus under which
the constitution of Pakistan was being developed. Even then the supremacy of the
constitution was challenged twice by the military rulers and they undermined the
constitution.

Pakistan is an ethnically rich and diverse country. Its four provinces have their own
languages, rich cultures, and political aspirations. The authoritarian rule or the one-man
show had already damaged the sovereignty of Pakistan in 1971. However, at this time,
the constitution gave the provinces relative autonomy to deal with their own matters.

The country faced many problems even after the division of government at two levels.
The issues were raised time by time but the opportunist members of the national
assembly didn’t pay heed to the issues. The PPP government decided to amend the
constitution and gave the country the 18th amendment.

The provinces are the foundation of any strong federation and without them, the
federation is bound to remain in a faltering state. Pakistan was never a complete
federalist state before the 18th amendment. The exploitation by the center was very
devastating and disheartened the people of the far-fledged areas.

The 18th amendment gave the provinces the real “Provincial autonomy” in their
members. The then government particularly amend the clause which diminished the
center to exploit the resources of provinces- 163(A). The studies show that the
participation of people in the elections got increased after the 18th amendment and it
fostered the relationship.

The matters related to foreign policy, armed forces, production of money, etc., remained
in the center. The other provincial-related matters were transferred to the provinces. The
devolution of power was the guiding principle behind the discourse of the 18th
amendment. Federalism and the Covid 19 crisis in Pakistan: The Covid-19 crisis emerged
in Pakistan in 2019.

Pakistan shares it border with China from where the virus spread around the world.
Pakistan reacted with great energy and Sindh was the first province to impose a
lockdown and created quarantine centers for the patients. In such a crisis, cohesive
governance structures play the important role in mitigating the impacts.

The services including health and social protection were under the powers of provinces.
So, each province made its decisions independently. The 18th amendment increased the
autonomy of the provinces. The provincial governments took the lead in implementing
health-related measures which were transferred under them after the 18th amendment.

Local governments played a humongous role in crushing the crisis. The coordination of
the provinces with the center proved to be a vital sign for the Pakistani economy and it
got flourished. If it wasn’t for the promise of federalism, Pakistan would have been
entrenched in this crisis for a long time.11 India: India is one of the leading examples of
federalism in the world as it holds a diverse nation together.

The constitution of India clearly bifurcates the powers of the center and the states. The
foundation of Indian federalism is based on the principle of “cooperative federalism”.
The territory of India is ethnically rich and diversified. The quasi-form of federalism also
has some features of centralization.

Overall, the integration of the diverse nation of India is solely based on the doctrine of
federalism. It should be kept in mind that India does have separatist elements in it but
the fact remains clear that the progress of India is only possible by the devolution of
power. In a country like India, the centralized system couldn’t hold the nation together.
That’s why when the constitution of India was made, Dr.

Ambedkar and his team followed the tread of federalism and gave the country a
federalist constitution which has been the only reason for the democratization of India
as a whole country. India has 28 states and 8 union territories. The constitution of India
gave each state and union territory to administer their matters through their own
understanding and interests.

The clashes between the states are to be dealt with under the supervision of an
independent judiciary as per Article-31 - another distinctive feature of federalism.
However, the constitution ostensibly demarcates the responsibility of the center and its
relationship with the states and union territories. Some states of India with their
charismatic leadership found their progress and welfare. Delhi is one such example that
is highly quoted all over the world.

Federalism and the AAP model in Delhi: Delhi is the epicenter of the power struggle and
status quo in India. Congress party ruled this city for most of the time after the
independence. It didn’t guarantee progress and betterment. However, things got
changed when the Aam Aadmi Party led by the members of the civil society managed to
get the mandate of the people.
The Aam Aadmi Party has been ruling Delhi since 2013. Arvind Kejriwal who led his party
to victory was a government officer and started the campaign of anti-corruption before
coming into politics. His party has changed the whole dynamics in Delhi.

The reforms like better public service, cheap electricity, free water, and quality education
got them two straight terms. The Delhi model is the talk of the town these days in India.
Their popularity in Delhi got them famous in Punjab and they also won provincial
elections in Punjab previously.

The most interesting fact about the Aam Aadmi party is the subtraction of the business
mafia from the paradigm of politics. They completely dismissed the idea of feudal
politics and gave tickets to the members of civil society. The elected members worked in
leaps and bounds for the betterment of their people. Atishi Marlena’s work got
highlighted around the world.

She spoke at the UNGA meeting about the Delhi model in these words: “Kejriwal model
of governance” is an example for cities to grow “while ensuring equity, ecological
sustainability, and fiscal prudence” 12 The United States Of America: America came into
existence after crushing the British colonies. Firstly, the structure of government
constituted by the American leaders was confederation. It was not deemed enough to
protect the states from external threats.

The independent colonies decided to opt the doctrine of federalism. Three American
statesmen wrote The Federalist Papers which gave the country its first constitution.
Therefore, America is considered the founding father of this doctrine because it
implemented this doctrine practically in modern times. The American experiment
encouraged other countries to follow this system. In today’s time, America has 50 states
with a strong center.

The concept of separation of powers was first implemented in the United States in which
the three pillars of government (legislative, executive, and judiciary) are kept apart from
each other. This practical implementation of doctrine paved the way for other countries
to create stable governments and a harmonious political environment. Federalism and
the protection of rights in American society: The foundation of American democracy is
thoroughly based on Secularism.

Even after 200 years of secular democracy, conservative elements exist in the country
and have an influence on the national political landscape. One such example is the
overturning of Roe vs Wade by the conservative judges who were appointed by the
former president Donald Trump. The right of abortion is now banned under the ruling of
the supreme court. The American people are extremely outrageous and protesting
about this decision.

However, different states are considering strengthening the abortion rights for their
citizens. Some states have already made the legislation to enact the ruling of the
supreme court. The current scenario is extremely polarizing and will make people go
after the justices of the supreme court.

But it should be kept in mind that the protection of rights of the American people are
completely protected under the constitution which can not be snatched by any
non-state actors. Federalism is the only Way-Forward! Federalism is currently working in
28 countries. It has been completely proven that federalism is the only way forward for
countries that are rich in diversity and divided by many different interests.

Diversity is the real ethos of any federalist state. The difference of opinion among
political powers can only be sought out in the landscape of federalism. For countries like
America, Pakistan, India, Canada, etc., federalism is the only option. The only problem
which these countries face is the policy making. The feasibility in policy making is the
only major problem and it could only be sought out by the political leaders who are
loyal to the interests of their people and to the doctrine of federalism. Conclusion: Many
countries had faced the scourge of the unitary system.

The only major drawback of the unitary system is that it creates an authoritarian rule in
which different ethnicities can not breathe. The diversity of nations can only be
managed under the flag of federalism. The entire history of modern nation-states
revolves around the management of diversity in a state.

The inherent principle of divided and shared rule can only meet the challenge of
diversity and it is in this way the promise of federalism will be fulfilled! 13 The countries
which are practicing federalism should opt for the division of powers at every level of
the society. The individual interests of different political parties can only be placed under
the scrutiny if the doctrine of federalism is implemented completely.

The following recommendations can play important role in the strengthening of

federalism: Consensus among organs of the state Effective governance Strong
leadership and strong political parties High development Peace and Stability The
democracy within political parties Fair distribution of resources Continuation in
democratic

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