Tag: #Federalism

Indian Federalism- Issues and Challenges

Posted on

Introduction

The term ‘Federalism’ has been originated from the Latin word ‘foedus’ which means ‘Covenant’. Federalism can be defined as “compound mode of government which combines the central government with the regional governments to form a single political system where the powers of the governments are divided among them”. According to the Stanford Encyclopedia of Philosophy, Federalism is defined as “the theory or advocacy of federal principles for dividing powers between member units and common institutions.”

The Constitution of India has opted for federal features into it. However, it has been never claimed by Constituent Assembly whether the Indian Constitution could be said as a federal constitution or not. 

Schedule Seven of the Indian constitution provides 3 lists under Article 2461, they are: Union List, State List, and Concurrent List. Defense, trade and business, citizenship, insurance, banking, roads, railways, higher education, navigation, shipping, etc., matters are handled by the central government. While public order (excluding military, naval, and air force or any other armed forces under the purview of Central Government), state court fees, police, prisons and reformatories, Local Government, public health and sanitation, pilgrimage, etc., issues are dealt with the State Government. The final list i.e., the concurrent list contains the issues where both the state and Central governments have the jurisdiction. A few such issues are stamp duties, contempt of court, electricity, price control, forests, prevention of animal cruelty, etc.

When there is a conflict between both the state and the central government regarding the issues aforementioned in the concurrent list, the decision of the central government supersedes the state government. 

Features of Indian Federalism

The Indian Constitution has federal elements, yet it does not aspire to form a federation. The members of the Constituent Assembly were divided on whether the Indian Constitution could be labeled a federal constitution.

Written Constitution:

The most crucial aspect of a federation is that its constitution is formulated so that both the Union Government and the states may refer to it as and when required. The Indian Constitution is a written constitution that is the most detailed in the world. It establishes the Constitution’s supremacy since the Constitution empowers both the union and the states to be self-governing in their respective realms of government.

Rigid Constitution:

In a federal government, the method for altering the Constitution is often strict. Some revisions to the Indian Constitution need a special majority. Such an amendment must be approved by a majority of all members of each house of Parliament, as well as a two-thirds majority of those present and voting. In addition to this procedure, certain revisions must be accepted by at least half of the states. Following this process, the President, as the head of state, signs the amendment. Because in India, significant adjustments may be made via this approach. As a result, the Indian Constitution is appropriately referred to as a rigorous constitution.

Power Assignment:

There is a clear separation of powers in our Constitution, such that the States and the Centre are obligated to enact and legislate within their respective spheres of activity, and none violates or attempts to intrude on the duties of the other. Our constitution specifies three lists: the Union List, the State List, and the Concurrent List. The Union List includes 97 issues of national significance like defense, railways, postal service, and so on. The State List includes 66 topics of local relevance such as public health, police, and so on. The Concurrent List includes 47 topics that are vital to both the Union and the State, such as electricity, trade unions, economic and social planning, and so on.

Bicameral Legislature: 

In a federation, a bicameral system is thought crucial since units may only be awarded proportional participation in the Upper House. The Indian Constitution also established a bicameral legislature at the Centre, with the Lok Sabha and the Rajya Sabha. While the Lok Sabha is made up of persons who have been elected, the Rajya Sabha is largely made up of parliamentarians who have been elected by State Legislative Assembly.

Judicial Supremacy:

Another critical characteristic of a federation is an independent court to interpret and uphold the Constitution. To resolve issues between the Union and the States, the Supreme Court of India has original jurisdiction. It has the authority to declare a statute unconstitutional if it violates any provision of the Constitution.

The supreme court also has the power to deal with the disputes between the states and the union. Article 131 states about “the original jurisdiction of the supreme court. The constitution gives express powers to the supreme court to resolve the disputes among: Union and one or more states, Union and any state on one side and one or more states on the other side, Two or more states.”2

Article 2623 discusses “adjudication of conflicts connected to interstate rivers or river valleys. Parliament has the authority to enact legislation pertaining to any dispute over the use, distribution, or control of any interstate river or river valley’s waters. Furthermore, Parliament may pass legislation prohibiting the highest court and any other court from hearing such disputes or complaints.”

Article 2634 states about the “Establishment of the Inter-State Council” is discussed in this article. Suo moto, the President may form a council in the public interest and provide it with the following duties:

  • Inquire about and advise states if they have disagreements.
  • Investigate and debate a topic in which some or all states or the union and one or more states have mutual interests.
  • Make suggestions on the issue and proposals for greater policy coordination.

Nature Of Indian Federation

Even though the Indian Constitution has opted for the Federal structure, it is hard to completely classify it as a true federation as the framers of the constitution have also incorporated the non-federal features in it. They are:

  • The Constitution describes India in Article 15 as “Union of States”. There can be two things that can be understood from this: Firstly, the states and unions have been bonded together but not with an agreement. Secondly, states can’t be separated or seceded from the union. However, the states and the union share the same constitution which would make it impossible to get out as it is a single framework. The federation is indestructible and this helps to maintain unity of the country. 
  •  The Centre appoints state governors and may take over state administration depending on the governor’s recommendations or otherwise. In other terms, the Governor is the Centre’s representative in the States. The operation of the Indian federal system clearly shows that the Governor has served as the Centre’s envoy rather than the State’s leader. The Union government now has authority over the state administration. The Union’s authority over states after the announcement of a national emergency.
  • The fairness of components in a federation is best preserved by their fair participation in the Upper House of the federal legislature (Parliament). This, however, doesn’t apply to Indian states. They are not evenly represented in the Rajya Sabha.
  • The Chief Election Commissioner, Comptroller, the Auditor General, and a few other powerful appointments are given by the union. Besides, India has single citizenship which makes all the states abide by the constitution. This feature does not give the liberty to the states to propose amendments to the constitution. However, the Union parliament can only make amendments to the constitution.
  • When an emergency is declared, our federal polity may be transformed into a highly centralized government under the terms of the Constitution. Power is legitimately centralized during an emergency. Parliament also has the authority to pass legislation on matters within the competence of the states.
  • It has been clearly stated in the constitution that the Centre’s power is superior to the state and the state has the obligation to follow the orders of the Centre. According to Article 257 (1)- “The executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose”.6
  • To achieve administrative system homogeneity and to preserve basic common administrative standards without jeopardizing the federal system. All-India Services, such as the IAS and IPS, has been established and remain under the supervision of the Union. The States rely heavily on the Union in financial concerns as well. States lack sufficient financial resources to satisfy their obligations. During a Financial Emergency, the Center has complete control of the state’s finances.

These are a few instances that have been mentioned to state that the central government is given a lot of power when compared to the state governments by the constitution of India. The federal principle envisages dual system of courts but Indian has unified judiciary system with the Apex court as the top most court in India.

By considering the Union list, it can be understood that the central government has been given assignments of all important subjects of the country. The state governments have limited powers and are financially dependent upon the Centre. 

The preceding discussion shows there is a tilt on behalf of the Centre at the expense of the States. The states must collaborate closely with the Centre. This lends credence to the view that the Indian Constitution is federal in form but unitary in essence.

Constitutional analysts describe it as a “semi-federal” or “quasi-federal” system.”

Quasi Federal system in India

A quasi-federal government has an unequal distribution of powers between the center and the states. India is a federation with a unitary bias and is considered a quasi-federal state due to its strong central infrastructure.

India purposely developed a sort of federalism in which the Union and State governments were reliant on each other, therefore violating the basic characteristic of a federal constitution, namely autonomous areas of authority for the Union and State governments. Other similar constitutional features to the Lok Sabha include the Rajya Sabha’s size and composition, which favors larger states; Article 3 of the Indian Constitution, which allows “the Union to alter the boundaries of a State without the latter’s assent, emergency powers, and concurrent list subjects of the Seventh Schedule, where the Union has more control than the State with some exceptions.” Rather than a process of ‘coming together,’ India’s centralized federal framework was the outcome of ‘staying together’ and ‘putting together.’”7

Issues and Challenges

India has faced a lot of challenges due to the quasi- federalism and is many challenges that might be faced as the authority of the Centre secedes the state a few reasons are mentioned hereunder:

  1. Regionalism:

This is considered to be one of the most significant challenges due to the Indian Federalism. India’s pluralist nature gives birth to a variety of characteristics, including regionalism. As the center concentrates on larger states rather than smaller states, states operate under the democratic system. Then a dispute may occur, and they may want to be split from the union.

When there was the bifurcation of Telangana from Andhra Pradesh, many states’ voices have been raised when the new state was formed in 2014. West Bengal jeopardized India’s Teesta River waters deal with Bangladesh due to the prospective consequences for West Bengal. Growing regional powers may have an impact on successful foreign policy, since the federal government may yield to the wishes of a single state. 

  1. Division of Power:

In India, unlike in the United States and Australia, power is allocated via three categories mentioned in the Seventh Schedule of the Constitution. The Central and State Governments’ powers are specifically listed in the Union and State lists, respectively, however, the powers indicated in the Concurrent list are maintained by both sets of governments. Residuary powers are granted to the federal government. Article 200, emergency measures in Articles 352, 356, and 360, and required obedience by the States to the Centre’s executive authority in Articles 256 and 257 all amount to power centralization, which has been a significant cause of worry among the states. As a result, centralization threatens Indian federalism.

  1.  Absence Of Financial Freedom:

The division of financial and tax-related authority between the federal and state governments is referred to as fiscal independence. It is required for the nation’s progress. Though the center has the most authority, there is a financial commission whose job it is to determine the state’s part of the center’s earnings.

  1. The Governor’s Office

Under Article 155 of the Indian constitution, “the governor is the head of the state and is selected by the president of India. The president’s decision may override the decisions of the governors chosen by the president.”

  1. Integrated Services:

Courts, audits, and elections, among other services, are all linked in India. The Supreme Court, state high courts, and district courts compose India’s judicial system. Supreme Court judgments are binding on the high court, and the high court lacks jurisdiction to consider state-to-state disputes. The method for federal and state elections is the same. The election commission is in charge of it at the national level, while the chief electoral officer [CEO] is in charge of it at the state level, albeit both are controlled by the election commission.

  1. Religious Differences:

India is an excellent example of religious pluralism, which sometimes causes strife in order to undermine the federation. However, the religious process does not necessarily have to be controversial. Religion may not generate imbalances in a federation as long as there is appropriate tolerance on the side of the people and a true secular policy on the part of the government.

  1. Language Conflicts:

It was revealed in this instance that India’s constitution is not really federal in nature. The distribution of power between the center and the states is only concerned with local concerns vested in the states and the rest, which tends to maintain the country’s economic, industrial, and commercial unity. However, this was the first case in which a disagreement between both the state government and the central government was brought to the Supreme Court under Article 131.

  1. External factors:

External pressures might also pose difficulties for a federation. The involvement of neighboring countries has caused conflict in India’s North-Eastern states. China’s claim on a portion of Arunachal Pradesh along the LAC jeopardizes India’s territorial integrity. The Tamil crisis in Sri Lanka is upsetting India. In the past, the purported Pak hand in the Khalistan movement has also added to the deterioration of the Indian union.

Case Laws:

The Indian courts have considered a number of cases regarding the subject of the Indian constitution’s federal character. A few case laws have been mentioned to understand the take of judiciary upon the Indian Federalism.

  1. State of West Bengal v. Union of India8

“It was revealed in this instance that India’s constitution is not really federal in nature. The distribution of power between the center and the states is only concerned with local concerns vested in the states and the rest, which tends to maintain the country’s economic, industrial, and commercial unity. However, this was the first case in which a disagreement between both the state government and the central government was brought to the Supreme Court under Article 131.”

  1. Kesavananda Bharati v. the State of Kerala9

“It was observed in this case by some of the judges, in this case, that federalism is a basic part of the Constitution of India and it can’t be changed.”

  1. S.R. Bommai v. Union of India10

“Different judges’ opinions on India’s federal constitution varied in this case.

  1. Justice Ahmadi- since there is no use of the word “federal,” he considered it Quasi-Federal.
  2. Justice Sawant and Kuldip Singh — it is a fundamental tenet of the constitution.
  3. Justice Ramaswamy proclaimed “India to be an “Organic Federation” formed to meet the demands of the legislature.”

Conclusion

India is a country where there are numerous traditions, religions, and cultures.  Each state has a different language from one another. All the states despite their differences are united as one by the Constitution of India and the Centre supervises them. However, there might be issues raised due to the upper hand of the central government as the orders given by the Centre shall be followed by the state. In a quasi-federal nation, it is important for the central government to always consider the interests of the state government too.

References:

  1. The Constitution of India 1950, art. 246.
  2. The Constitution of India 1950, art. 131.
  3. The Constitution of India 1950, art. 263.
  4. The Constitution of India 1950, art .264.
  5. The Constitution of India 1950, art 1.
  6. The Constitution of India1950, art 257.
  7. Vignesh Karthik K.R, ‘Quasi Federalism’ The Hindu (3 May 2022) < https://www.thehindu.com/specials/text-and-context/quasi-federalism/article65375428.ece > accessed on 17 June 2022.
  8. State of West Bengal v Union of India, 1963 AIR 1241.
  9. Kesavananda Bharati v State of Kerala, AIR 1973 SC 1461.
  10. S.R. Bommai v Union of India, AIR 1994 SC 1918.

This article is written by K. Mihira Chakravarthy, a first-year BA LLB student from Damodaram Sanjivayya National Law University (DSNLU).

INDIAN FEDERALISM: ISSUES AND CHALLENGES

Posted on

INTRODUCTION

The word ‘federalism’ is derived from the Latin word ‘foedus’ which means ‘covenant or treaty. Federalism refers to the distribution of powers between the state and the central government. Three lists are provided by the seventh schedule of our Indian constitution and the three lists are union lists, state lists, and the concurrent list. The central government deals with the issues mentioned under the union list such as defense, trade and commerce, citizenship, insurance, banking, highways, railways, higher education, navigation and shipping, and many more. The state government deals with the issue given under the state lists such as agriculture, pilgrimages within India, prisons, state court fees, public health and sanitation, and the last list is a concurrent list which consists of issues on which both the central government and the state government can exercise jurisdiction such as contempt of court, evidence, protection of wild animals and bird, labor welfare, stamp duties, food, administration of justice, etc. if there is a conflict between the central government and the state government then, the decision of the central government will supersede the decision of the state government.

PRINCIPLES OF FEDERALISM

SEPARATION OF POWERS
The power is divided into three branches: legislative, executive, and judiciary. These three organs of the government are independent of each other. These branches are well-known examples of the tripartite system in the united states. The main purpose of this separation of power is to prevent the concentration of power and autocracy.

CHECKS AND BALANCES
Checks and balances are important to prevent the concentration of power and violation of the separation of power. It is required for the proper functioning of the three organs of the government. Some of the examples of checks and balances are judicial review, basic doctrine structure of the Indian constitution, etc.

KEY FEATURES OF THE FEDERALISM UNDER THE INDIAN CONSTITUTION

DIVISION OF POWER
Division of power is the essential feature of federalism so that the power is not concentrated in the hands of the central government. In this, the power flows from the central government to the state government and the local government i.e panchayat.

SUPREMACY OF THE INDIAN CONSTITUTION
Supremacy of the Indian constitution means that the powers of the executive, judiciary, and the legislative are mentioned in the Indian constitution and they are bound by the constitution hence, no one is above the constitution. This feature gives strength to the basic structure doctrine of the Indian constitution which was given by the Keshvananda Bharti vs the State of Kerala1.

WRITTEN CONSTITUTION
A written constitution is necessary to constitute a country as a federal nation. As it is difficult to distribute the powers orally among the center and the state government. Written constitution helps to maintain the supremacy of the Indian constitution and provides clarity.

RIGID CONSTITUTION
It is important to have rigidity in the constitution to maintain the supremacy of the constitution.

JUDICIARY
There can be a dispute between the center and the state and the judiciary provides the proper mechanism to solve the dispute between them and the decision of the judiciary is binding upon all of them.

  • ARTICLE 131
    According to this article, the supreme court has original jurisdiction to hear the disputes between the center and the state, two or more states, etc.2
  • ARTICLE 262
    This article focuses on the issue of water and valley disputes between states. This parliament Is allowed to make laws on the distribution of water or control of river valleys and can even bar the supreme court to hear disputes related to water or valley disputes.3
  • ARTICLE 263
    Article 263 is based on the issue of the “establishment of the inter-state council”. In this article, the president can ask to establish a council on the charge of interest of the public or to resolve disputes between them. The duty of these councils is to advise and inquire the states if a dispute arises between them, make a recommendation for the better functioning of the policy, and discuss the subjects which are common to both the state and the union.4

BICAMERAL LEGISLATION
Like Canada, India has also bicameral legislation. India also has two houses upper house [Rajya Sabha] and the Lower house [Lok Sabha] and a bill have to be passed by both the houses of the parliament. In India even states also have bicameral legislation such states are Karnataka, Maharashtra, Uttar Pradesh, Bihar, Telangana, and Andhra Pradesh. They have an upper house [Vidhan sabha] and a lower house [Vidhan Parsihad].

QUASI FEDERALISM

Quasi federalism means a form of government that has features of both the federal government and the unitary government. For example India and Canada. But the major control and authority lie with the central government. India is a quasi-federal country in which the states have the power to make laws under list 2 of the seventh schedule of the Indian constitution and the central government has jurisdiction on the matters mentioned in the first list of the seventh schedule of the Indian constitution. The state government and the central government both have the powers to make laws on the matter listed under the third list of the seventh schedule of the Indian constitution. If the dispute arises between the center and the state then the opinion of the central government will prevail.

In India, emergencies can be imposed under articles 352, 356, and 360 of the Indian constitution. During an emergency center government retains all the power and the state government has no autonomy during an emergency. This way federalism loses its luster.

ISSUES AND CHALLENGES FACED BY THE INDIAN FEDERALISM

REGIONALISM
As center focuses more on bigger states than the smaller states and states work according to the democratic system. Then, the conflict can arise between them and they demand to be separated from the union.

ABSENCE OF FISCAL FREEDOM
Fiscal freedom basically means the distribution of financial and tax-related power between the center and the state government. It is necessary for the development of the nation. Though the main power lies in the hands of the center and also they have a finance commission whose work is to decide the state’s share in the center’s revenue.

OFFICE OF THE GOVERNOR
Governor is the head of the state and is appointed by the president of India under Article 155 of the Indian constitution. The decision of the president can overrule the decision of the governors appointed by the president.

INTEGRATED SERVICES
India has integrated services of the judiciary, audits, elections, and many more. The judiciary system of India consists of the supreme, the high court at the state level, and district courts. Supreme courts decisions are bound on the high court and the high court doesn’t have jurisdiction to entertain cases related to disputes between the states. The process of election is the same at both the center and the state level. At the center, it is conducted by the election commission and at the state level it is conducted by the chief electoral officer [CEO] but they are under the supervision of the election commission.

DIFFERENT RELIGION
India is a diverse country and has people who belong to many religions but India is a secular state and the word secular was added in the preamble under the 42nd amendment act which means India will not have any religion or will not promote any religion. This can lead to a conflict between the two religions and then makes federalism weak.

CASE LAWS

MANEKA GANDHI VS UNION OF INDIA
In the year 1978, the verdict passed under this law is that any law made by the legislature is considered to be ultra vires if it violates or infringes any of the fundamental rights. The fundamental rights can only be changed by the constitution, hence this is a check on both the executive branch and the parliament and the state legislatures. During times of emergency article 19 of the Indian constitution is taken away as during the times of emergency our country follows a unitary government. Therefore India is a quasi-federal country.5

STATE OF WEST BENGAL VS UNION OF INDIA
The exercise of sovereign rights by Indian states was the central issue in this case. The Parliament’s legislative competence to implement a statute requiring the Union to acquire land and other properties vested in or owned by the state, as well as the sovereign authority of states as separate entities, were also investigated. The Supreme Court of India ruled that the Indian Constitution did not contain an absolute federalism provision.6

Article 13 of the Indian Constitution will therefore become a non-issue, and it may be overlooked because even regular legislation will be exempt from judicial examination because they were passed on the strength of a constitutional amendment that is not subject to challenge.7

CONCLUSION

Federalism is the distribution of power from the central government to the state government and the local government. The main objective of this is to prevent autocracy. India is quasi federalism country which means it has the features of federalism but the main authority lies with the central government. No doubt there is a lack of balance between the center and the state government.

References:

  1. Kesavananada Bharti vs state of Kerala, [1973 SC 1461]
  2. Constitution of India, 1950 Art 131
  3. Constitution of India, 1950 Art 262
  4. Constitution of India, 1950, Art 263
  5. Maneka Gandhi Vs Union of India, [AIR 567, 1978 SCR[2] 621]
  6. State of West Bengal vs union of India, [AIR 1987 Cal 226]
  7. Constitution of India, 1950 Art 13

This article is written by Prerna Pahwa, a student of Vivekananda Institute of Professional Studies, New Delhi.

Coalition Government and its impact on India Federal System

Posted on

The center state relation in federal countries around the world is unbalanced in terms of their resources, powers, and functions, regardless of how detailed and elaborately the constitution describes it. By the opinion of Chief Justice Mirza Hameedulla Beg “our constitution is like an amphibian”. The central at times can move from the federal plane to the unitary one according to the circumstances. From Independence on, the power has been vested more on the central government. Coalition politics is often used as a means to influence the federal polity. India being a multiparty country, coalition governments are inevitable. It is not a new concept in India that in 1967, the coalition government took an immense drift, which has continued today. Moreover, the federal system and the coalition government share the same essence and objective, but one had a greater impact. The term Coalition is derived from a Latin word meaning to grow together. Coalition governments can be traced back to the pre-independence era to be precise the interim government of 14 party representatives in 1946.

One-party Domination and Coalition Phase:

The development of the coalition government was interconnected with the federal and political structures at various times. For more than four decades after independence, Indian governance was governed by a one-party system, which was a unitary system. But the emergence of regional political parties was a great reason that has contributed to the breakdown of a one-party dominant system at the center and has made a substantial contribution to the decentralization of power. We need to examine the history and development of the coalition government through the years to understand its impact on the Indian federal structure.

The First Phase:

The phase of 1952-1967 was a time of one-party rule in India, but in 1967, the first sign of disruption occurred with the introduction of an alternative. Though there are attempts at coalitions between 1967 -1988, they are a failure. The scholars always raise the contention that, the federal system even though it’s immutable it needs to undergo re-examination, re-adjust, reconfirm at particular intervals according to the emerging situations in the society. In 1987, the controversy over center-state relations has become a loud issue when the then prime minister of India Mr. Rajiv Gandhi began to address the District Magistrates and Collectors in different areas, stressing the need to restore a system without chief ministers. This was a process of bringing back the District collectors to the administrative position. This was followed by the flooding of announcements regarding the strengthening of local bodies and panchayat raj which was considered as a virulent attack on the state governments.

It not only during his period the attack of the dominion party over the state government can be observed all way back by the way of the constitution itself. Majorly The invocation of Article 356( example of Communist Government in Kerala was sacked in 1959), unilateral action of the center in the setting up of the of its policy of drawing and redrawing the political map of India     (example of the disintegration of Assam to suffice infra nationalist movements), and planning commission, which deceit us the constitutional tools by which unilateral action or oppression of the dominant party was made through which was against the spirit of the Federal Structure.

 Development Phase after 1988:

Over the years there was a constant rise of voice against this misuse. It comes into the limelight after the Sarkaria commission report of 1988. However, the committee did not suggest anything regarding the reconsideration of the State, Union, and Concurrent lists, but it placed a great deal of emphasis on the office of the governor. Article 356 was more often invoked against the opposing state through governors by the single dominant party. According to this committee, the office of the Governor was regarded as being a key functionary in ensuring cordial center-state relations. Active politicians were not allowed to be governors, and eminent persons from outside of the state are preferred, according to the Commission. He should not have too much to do with local politics or be active in politics. Although the committee’s recommendations were taken at a later stage, there was a major shift in Indian politics in 1989 when regional parties entered the national arena. The coalition of the regional parties reinforces the shift from centralization to decentralization. 

In 1996, there was a failure but it was also considered a landmark event in the coalition as the United Front Government with Congress’ support came to power. This coalition government brings a Programme named as Common Minimum Programme. The concept of political, economic, and administrative federalism was reinforced through various innovations developed through this program.

The most prominent change that happened in the relationship between the coalition politics and federalism in India is a recent example of the replacement of the Planning Commission of India by constituting a new commission named National Institution for Transforming India (NITI) Aayog on January 1, 2015. The Prime minister is the chairperson and the Chief Ministers of states and the UT will remain as the members. This instituted participation and also strengthens the federal system by inclusion and decentralization.

In the era of a coalition government, the center-state relation and the state autonomy issues are resolved to the maximum extent. Through this coalition, the regional parties were able to strengthen their presence in national politics. They can now have a stronger voice about the different views and problems of different societies and sections. Coalition politics, or the system of government, is more participatory and responsive. Thus, the autocratic, dominant single-party monopoly is removed. If well streamed, this can also provide some opportunities for Mutual Adjustment and arbitrations.

 Drawback:

Coalition governments cannot simply claim that they uphold the federal system and its objectives. It had a serious drawback that would conflict with the basic welfare of the nation. This coalition government is unstable. From the past, we could observe major coalition government failures due to various reasons. I believe there is a great deal of opportunism, narrow political interest, and unscrupulous political games before the idea of integrity, development, and democratic federalism. Despite the coalition government being the reality of today, they are merely using it now to disrupt the actions of the center and also to undercut their power and authority. Regional parties often disregard the general welfare and do not take a utilitarian approach. Coalitions are often used by regional parties to divide and rule and create immense hatred against others for their dirty political agenda. A participatory, corporation-competitive development must be the goal of the Coalition, but they are often driven toward separatist movements instead of maintaining the integrity of the country.

I would like to conclude with the note of W.H. Riker. He rightly observed that: “Whatever the social conditions that are general, everything sustains the federal bargain, there is one institutional condition that controls the nature of the bargain……. the structure of party system, which is regarded as the main variable intervening the background social conditions and the nature of the federal bargain.” He also observed that “centralizing and decentralizing tendencies of a federal system mainly depends upon the degree to which the parties are operating in the central government and control parties in the present government. 

This article is written by Bharatee Preeya A.K. a student pursuing B.B.A.LL.B (Hons) from Alliance University Bangalore.

LATEST POSTS

ARCHIVES

Cooperative Federalism

Posted on

The name “federalism” comes from the Latin word Foedus, which means “accord” or “treaty.” As a result, a federation is a political structure created by a treaty or agreement between the various units. It is a political organization concept or ideology that combines the principles of centralization, non-centralization, and power-sharing. In a country like India, ties between the Centre and the States, as well as between the States and Panchayati Raj Institutions and Urban Local Bodies, should be guided by the spirit of cooperative federalism. 

History 

Kingdoms or empires have dominated the Indian subcontinent by a federal policy of non-intervention in local matters from the ancient period. Because the natural diversities of the people of the subcontinent were so enormous, they could only be constituted a part of a unified empire if no or very little attempt was made to impose a common set of practices and beliefs. The centralized tendencies of rulers like Jahangir and Aurangzeb contributed to the further dissolution of the Mauryas and Mughals. Furthermore, following the Revolt of 1857, when the British opted to withdraw interventionist policies such as the Doctrine of Lapse and the ban on the use of greased cartridges of animal fat, they were only following an age-old pattern of government. The Regulating Act of 1773, which established a system in which the British Government supervised the East India Company’s activities but did not acquire authority for itself, sowed the seeds of cooperative federalism. By envisaging a dual form of governance known as “dyarchy,” the Government of India Act 1919 provided for a federal India, albeit a flimsy one. The same goal was being pursued by the Government of India Act, 1935. 

Indian Constitution

Sardar Patel, a powerful leader at the time of the adoption of the Constitution in 1950, was a strong supporter of the federal system and played a key role in the drafting of a federal constitution. The horizontal relationship between the union and the states is known as cooperative federalism, and it demonstrates that neither is above the other. The Indian constitution includes measures to ensure collaboration between the center and the states, which is vital for the country’s proper development. As a result, there are only a few provisions in the Indian constitution that portray the core relationship between state and center.  The notion of subsidiarity is used to distinguish between central, state, and concurrent lists. The center has retained residuary power. Article 249[5] empowers the parliament to make decisions on matters that fall under state jurisdiction if the resolution is approved by a two-thirds majority in the state council. 

Challenges faced by Cooperative Federalism 

The increasing issues that face federalism in the twenty-first century have increased the necessity for cooperative federalism, making its practice as a form of government even more essential. Connectivity and accessibility, both physical and electronic, have greatly improved as a result of technological advancements. Climate change, for example, is a worldwide environmental concern that transcends national borders. Pollution and conservation challenges highlight the uneasy friction that exists between the decision-making processes of governments at the national, state and local levels. Globalization has emphasized the importance of inter-and intra-state agreements on geographical, climatic, environmental, and technical diversity in order to integrate with global processes for viable and sustainable development and growth. What is happening on a global scale is also being felt on a local scale. Because the globe has become a global village, the country’s internal security and political issues are vulnerable to outside interference. Individual states can now engage in bilateral negotiations with the union, circumventing the ineffectual institutionalized structures of collective policy drafting, giving our federalism a platform for negotiation. However, this should be taken with a grain of salt, as power-sharing among states at the national level has failed to reduce regionalists’ and sub-regional parties’ localism, parochialism, and chauvinism. Increased negotiating power will only improve cooperative federalism if the alleged disadvantages of centralism are addressed. The federal structure’s political and social fabric has been vitiated by rising voices of autonomy and secession. States are increasingly feeling deprived and alienated, and they have begun to view all problems through a limited parochial lens. Furthermore, their strategy is growing more violent and confrontational. Terrorism, militancy, organized crime, the problem of internally displaced persons, and refugees are all issues that require the country as a whole to join together, and institutional structures under state governments to assist the center by pooling knowledge and resources. The need to come together now is not just a result of the new issues that the country is facing, but it will also act as an antidote to avoid similar challenges from occurring again in the future. Because of its intrinsic resilience and malleability, cooperative federalism alone strengthens the nation from within, allowing it to survive adversities and obstacles.

Conclusion

The relationship between the center, the states, and the local levels is important to India’s concept of nationhood and is a prerequisite for the country’s progress. It does, however, have a strong political undercurrent. Every center-state and inter-state conflict is, at its core, a political conflict. The difficult nature of center-state interactions stems from this. A quarrel of this nature develops into an economic one over time. Poor politics inevitably leads to poor economics. Integration and unity in the federal structure will not be full unless economic stagnation and imbalanced regional growth are addressed. The issue of safeguarding our nationhood through constructive cooperative federalism, which necessitates the participation of both the federal and state governments, must be addressed by both the federal and state governments. India is a fascinating blending pot of cultures. The same must be treasured and valued. There is no better way to do this than through cooperative federalism. People from various states sink or swim together, and that success and salvation are found in invention, not division; mutuality, not conflict; cooperation, not rivalry, in the long term.

This article is written by Vanshika Samir,  a first-year student at the Rajiv Gandhi National University of Law, Punjab. 

LATEST POSTS

ARCHIVES