Federalism in India: Changing trends
| Disclaimer | · This piece of writing is better understood if you have studied the constitutional provisions of union state relations – legislative, administrative and financial. |
| Sources | · The article presented here is a combination of a series of articles published since 20214 – 15 to 2024 June in the News Papers like The Hindu, Indian Express and the magazines like Economic & Political Weekly. This is my personal collection. This article is a comprehensive and simplified format with extensive number of examples. |
| Possible questions | 1. Is Indian federalism growing in its maturity?
2. Indian federation is transformed from quasi federation to cooperative federation and now combative federalism. 3. Indian Federation is a sui generis type 4. Federalism in India has been quasi, cooperative, bargaining, symmetrical, symbiotic, combative etc. What is the future? 5. Politics of Indian federation |
Why this topic is important for essay
| · There is a trend of growing hostilities between union and states resulting in federal conflicts. Now there is a need for rethinking about the Indian federation. |
Presentation styles:
| You may present this essay in two ways –
Version1: GS version. · When you have no proper idea of how to take the essay forward, use various dimensions of the General Studies to take the essay forward. Version 2: Specific version · When you are sure of your content, present the answer in a systematic subject specific orientation. |
Version 1- Multi Dimensional view
| Introduction | · Re-emergence of coalition governments at the centre with the support of the regional parties. It is the reimagining the Indian federalism. |
| Historical aspect | · The idea of federalism conceived for the first time under 1935 Government of India act. |
| Political dimension of Federalism:
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1. Ruling party in the union government initially promised cooperative federalism but later adopted the recentralising methods in the name of national integration.
2. Regional political parties combating with the union for their rights. 3. In the 2024 general elections regional parties have reemerged with roaring fight back. |
| Economic dimension | Financial domination of union over the states
a. GST arrears are not released in time. b. Discrimination in providing grants c. Increasing use of cess d. More funds allotted in the 2024-25 budget to the states like UP, Bihar and Andhra Pradesh. |
| Geographical dimension
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· Discrimination between northern and southern states with reference to –
a. Grants b. Political benefits |
| Culture | · Union imposing the north Indian culture on Southern states
Ex: proposing to enforce Hindi as a national language. |
| Governance | · Union government using the central agencies against the interest of the opposition ruled states. |
| Environmental dimension | · Dams is a state subject. It has environmental and disaster related issues. The union government interfere in these issues through Dam Safety Act 2021 which is intended to provide for the surveillance, inspection, operation, and maintenance of the specified dam for prevention of dam failure related disasters and to provide for an institutional mechanism to ensure their safe functioning by the union government. |
| Security | · Eastern states, North eastern states, Northern states and North western states are sensitive in terms of national security. Union controlling them through AFSPA. |
Version2: Conceptualization
| Introduction | · 12 States have withdrawn general consent to CBI including Chhattisgarh, Jharkhand, Kerala, Meghalaya, Mizoram, Punjab, Rajasthan, Telangana and West Bengal. This is an indication of states combative nature against the Union government in the recent federal political developments. |
| Concept of federalism | · Federation implies a country having union and states. |
| Basic principles of federalism | 1. Union government should maintain fairness towards the states.
2. No discrimination should be shown against them in terms of the distribution of resources 3. The union should be tolerant and patient towards the state governments in opposition. |
| Trends in federalism
· Indian federation is sui generis. It transformed from joint family federation to cooperative federation, conflicting federation, combative federation, and recentralising federation. |
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| 1.Joint family federation – 1947 to 1966:
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1. Same political party was in power both at the union and states.
2. Union and states were like members of the joint family. 3. The union government was playing the role of head of the family and the states were loyal and obedient family members. |
| 2.Period of conflict – 1967 to 2003:
It is divided into two phases a. Union domination over the states: 1967 to 1988 b. States domination over the union: 1989 to 2014 |
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| a. Union domination over the states: 1967 to 1988
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1. In the 1967 elections, opposition parties formed the government in at least 8 states.
2. The union government dominating the states with various constitutional provisions like using the governor as a union agent, imposing the president’s rule etc. 3. This stage came to a closure with the presentation of the Sarkaria Committee report (1983-1988). |
| b. States domination over the union: 1989 to 2014
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It was the coalition era. It was characterised by –
a. Regional parties gaining popularity b. Regional parties playing key role in the union government as coalition partners. Because of this tendency, states were dominating the union government. The judiciary has also came to the rescue of the states through the judgements like – a. SR Bommai case 1994 b. Rameshwar Prasad case 2006 c. BP Singhal case 2010 |
| 3. Re-emergence of majority party governments: 2014 onwards
This phase is further divided into three overlapping paradigms a. Cooperative federalism: 2014 to 2016 b. Federal Recentralisation: 2016 onwards c. Combative Federalism – Overlapping from 2016 |
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| a. Cooperative federalism: 2014 to 2016
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· In this phase the ruling party at the union came to power with a promise to establish cooperative federalism.
This brief phase was characterised by – i. Replacing the planning commission with NITI ayog ii. Involving the states in the Make in India Campaign iii. Reorganizing the interstate council iv. Re-establishing the zonal councils. · States were made to believe in the formula of “Sabke sath sab ka vikas” · However this was a short lived dream. |
| b. Federal Recentralisation: 2016 onwards
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· Union government started recentralising the powers back into its hands.
i. Indiscriminative misuse of the post of governor ii. Introduction of GST iii. Union legislation over state items iv. Converting the state of Jammu & Kashmir into union territories. v. Imposing president’s rule in Puducherry (2021); Maharashtra (2019); J&K (2018), Arunachal Pradesh (2016); Uttarakhand (2016) vi. Establishing union ministries on state subjects. Example: Ministry of cooperation
This phase over lapped with combat from the states – |
| C. Combative federalism: 2016 onwards (Over lapping with the Federal recentralization) | States opposing the union policies.
Ex: 1. Rejecting to implement Citizenship Amendment act 2019 and National Education Policy 2020 2. West Bengal chief secretary Alapan Bandhopadyay absence from NDMA meeting 3. Delhi CM criticism of union budget 4. States with drawing general consent to CBI 5. The CM of TS demanding for new constitution with federal orientation 6. 14 Opposition parties jointly moved to SC over ‘misuse’ of Central agencies in 2023 March. (the court refused to entertain the plea) |
| Criticism on present trend of federalism | 1. The ruling party at the centre has actively sought to ensure that governments in the states are either led by it or are forced to toe its line.
2. The centre actively contributes to undermine the federal principle. 3. There is a growing impatience towards the states ruled by opposition parties. It was evident in the attempts to unsettle and subvert legitimately elected governments in the states. Ex: Goa, Arunachal Pradesh, J&K, Uttarakhand 4. Confrontations and heavy handed approach with the larger states, Maharashtra, West Bengal, Telangana and Rajasthan where the governments are led by opposition parties. 5. Attempting to use the bureaucracy to create uncomfortable situations to the opposition ruled states. 6. Tendency to install weak leaders as chief ministers in the states where central ruling party has established the power. 7. Governors are more trouble makers to the states than ever before. 8. Anti federal policies – a. Covid lock down b. Disaster Management c. Epidemic disease management 9. Anti-federal legislations – a. J&K Reorganization act b. RTIamendmentact2019 c. UAPA amendment act 2019 d. Dam Safety amendment act 2019 e. Motor vehicles Amendment act 2019 f. Major Ports Authorities act 2020 g. The three farms acts 2020 h. Electricity Amendment act 2021 |
| Post 2024 General Elections | 1. Coalition government at the union
2. Regional party domination in the union 3. Possible reemergence of the bargaining federalism |
| Future federalism: | 1. Competitive Federalism:
a. Vertically union and states compete with each other. b. Horizontally, states compete with each other in the spheres of governance and development. 2. Bargaining federalism: · States bargains for powers and finances with the union 3. Collaborative federalism: · Union and State governments should endeavour to address the common problems to arrive at a solution by showing statesmanship, combined action and sincere cooperation. Neither centre nor states are supposed to encroach in to each-others powers. (Union of India vs. NCT Delhi 2018)
· The central government has to associate itself with the state governments, regardless of party affiliation. It would enhance its reputation as a fair and committed government, upholding constitutional morality. |
| Reforms required | Implementing the recommendations of the following committees in their true letter and spirit –
a. Sarkaria Commission b. Punchi commission There is also a need for constituting a third new commission on union state relations |
| Conclusion | · The union government should not suffocate or strangulate the states ruled by opposition parties. States should not de couple themselves with the union.
· The centre and states have to share power in order to achieve the aspirations of the people. They have to grow together and not at the cost of each other. (Symbiotic relation) |
