Strengthening Horizontal Federalism in India: A Comparative Study with the U.S.A. and Australia

Abstract

Federalism entails a dual distribution of power across two dimensions. The vertical dimension governs the relationship between the Union and the States, while the horizontal dimension regulates inter se relations among the States. Scholarly discourse has predominantly concentrated on the vertical aspect, with comparatively limited engagement with the horizontal dimension.

This paper seeks to address that imbalance by advancing the case for strengthening horizontal federalism in India as a means of effectively and efficiently resolving longstanding inter-State disputes. It undertakes a comparative analysis of horizontal federal arrangements in the United States and Australia. In this context, the work of Professor Allan Erbsen of the University of Minnesota Law School is particularly instructive in elucidating the concept, structure, and jurisprudential foundations of horizontal federalism.

Building upon this theoretical framework and comparative insights, the paper identifies structural deficiencies within India’s existing federal scheme. It further aims to distil normative principles that may guide the formulation of constitutional mechanisms to reinforce and institutionalise horizontal federalism in India.Top of Form

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