Federalism

Introduction

Federalism has evolved beyond constitutional power-sharing. Granville Austin, K.C. Wheare, and NITI Aayog describe modern Indian federalism as a blend of cooperative, competitive and collaborative federalism for achieving national development.
India’s federalism has evolved into a multi-dimensional governance model where the Union and States cooperate, compete and collaborate to achieve constitutional objectives, improve governance and accelerate socio-economic development.

Comparison:

BasisCooperative FederalismCompetitive FederalismCollaborative Federalism
MeaningUnion and States work together for common national goalsStates compete to improve governance, investment and developmentUnion, States, local governments, private sector and civil society jointly formulate and implement policies
NaturePartnershipHealthy competitionJoint governance and co-creation
ObjectiveNational integration and coordinated developmentEfficiency, innovation and better service deliveryShared responsibility and participatory governance
ApproachConsultation and consensusPerformance-based competitionMulti-stakeholder coordination
ExamplesGST Council, Inter-State CouncilEase of Doing Business rankings, SDG India IndexAspirational Districts Programme, Jal Jeevan Mission, PM Gati Shakti

Examples:

Cooperative Federalism

  • GST Council
  • Finance Commission transfers
  • Disaster management during COVID-19
  • National Health Mission

Competitive Federalism

  • Ease of Doing Business Rankings
  • SDG India Index
  • Startup Rankings
  • Export Preparedness Index
  • School Education Performance Grading Index (PGI)

Collaborative Federalism

  • Aspirational Districts Programme
  • PM Gati Shakti National Master Plan
  • Jal Jeevan Mission
  • Digital India Mission
  • Smart Cities Mission
  • National Education Policy (Centre–State consultation)

Important Committees / Commissions

CommitteeContribution
Sarkaria Commission (1988)Recommended strengthening cooperative federalism and the Inter-State Council.
Punchhi Commission (2010)Recommended clearer Centre-State relations and greater consultation.
14th Finance CommissionIncreased States’ share in the divisible tax pool to strengthen fiscal federalism.
15th Finance CommissionEmphasised performance-based grants, local governments and fiscal sustainability.

Granville Austin: “The Indian Constitution is cooperative federalism in action.”

NITI Aayog: “Competitive and Cooperative Federalism are complementary, not contradictory; together they promote inclusive national development.”

Opinions:

ScholarContribution
K.C. WheareDescribed India as a quasi-federal system with a strong Centre.
Granville AustinCharacterised Indian federalism as “cooperative federalism” balancing unity and diversity.
NITI AayogPromoted cooperative, competitive and collaborative federalism as pillars of governance.

Significance:

1. Strengthens National Integration

Promotes harmony while respecting regional diversity.

2. Improves Governance

Encourages innovation, efficiency and best practices among States.

3. Accelerates Development

Facilitates coordinated implementation of national programmes.

4. Encourages Policy Innovation

States compete and learn from each other’s successful models.

5. Promotes Inclusive Governance

Involves multiple stakeholders in policy formulation and implementation.

Criticism / Limitations:

1. Fiscal Imbalance

Vertical and horizontal fiscal imbalances affect genuine federal partnership.

2. Political Differences

Different political parties governing the Union and States may reduce cooperation.

3. Uneven State Capacity

Less-developed States may struggle to compete effectively.

4. Centralisation Concerns

Strong central institutions may limit State autonomy.

5. Weak Institutional Mechanisms

Bodies such as the Inter-State Council have not been utilised to their full potential.

Relevance:

1.Supports implementation of Viksit Bharat 2047 through Centre-State partnerships.

  1. Strengthens cooperative responses to pandemics, disasters and climate change.
  2. Promotes healthy competition through SDG and governance indices.
  3. Encourages collaborative governance using digital platforms and data sharing.
  4. Facilitates achievement of Sustainable Development Goals through multi-level governance.

Conclusion

India’s future federalism lies in balancing cooperation, competition and collaboration. Strengthening trust, fiscal empowerment and institutional dialogue will deepen cooperative governance while preserving constitutional federalism and democratic accountability.

India’s federal success depends on transforming constitutional federalism into developmental federalism, where cooperation builds trust, competition drives excellence and collaboration delivers inclusive governance.

Introduction

Fiscal Federalism, analysed by Richard Musgrave, Wallace Oates, and the Finance Commission, refers to the constitutional distribution of financial powers and resources between different levels of government.

Fiscal Federalism is the system through which taxation powers, expenditure responsibilities and financial transfers are distributed between the Union, States and Local Governments. Its objective is to ensure equity, efficiency, fiscal autonomy and balanced regional development while maintaining national unity.

Constitutional Provisions

  • Article 268 – Duties levied by the Union but collected by the States.
  • Article 269 – Taxes levied and collected by the Union but assigned to the States.
  • Article 269A – Levy and distribution of IGST.
  • Article 270 – Distribution of taxes between the Union and the States.
  • Article 271 – Surcharge for Union purposes.
  • Article 275 – Grants-in-aid to States.
  • Article 280 – Finance Commission.
  • Article 281 – Finance Commission reports.
  • Article 282 – Discretionary grants.
  • Article 293 – State borrowing.
  • Article 279A – GST Council.

Major fiscal Institutions:

Institution

Role

Finance Commission

Recommends tax devolution and grants between the Union and States.

GST Council

Facilitates cooperative fiscal decision-making under Article 279A.

NITI Aayog

Promotes cooperative and competitive federalism through policy coordination.

Contemporary Issues (2024–26)

  • Demand for a greater share of the divisible tax pool by States.
  • Increasing use of cesses and surcharges outside the divisible pool.
  • Debate over Finance Commission criteria (population, income distance, tax effort, demographic performance).
  • GST compensation concerns after the compensation period ended.
  • Strengthening fiscal autonomy of Urban Local Bodies and Panchayats.

Features:

1. Constitutional Distribution of Tax Powers

The Constitution allocates taxation powers between the Union and the States through the Seventh Schedule.

2. Vertical Fiscal Transfers

Revenue is shared from the Union to the States through tax devolution and grants.

3. Horizontal Fiscal Equalisation

Resources are distributed among States to reduce regional disparities.

4. Finance Commission Mechanism

An independent Finance Commission recommends tax devolution and grants every five years.

5. Fiscal Autonomy

States and Local Governments possess limited taxation powers to meet developmental needs.

6. Cooperative Fiscal Governance

Institutions like the GST Council promote collaborative fiscal decision-making.

Significance

  1. Promotes Balanced Regional Development
    Reduces interstate economic disparities through fiscal transfers.
  2. Strengthens Cooperative Federalism
    Facilitates financial partnership between the Union and States.
  3. Enhances Fiscal Equity
    Supports weaker States through equalisation transfers.
  4. Improves Public Service Delivery
    Provides resources for health, education, infrastructure and welfare.
  5. Strengthens Local Governance
    Supports Panchayats and Municipalities through Finance Commission grants.

Issues:

  1. Vertical Fiscal Imbalance
    The Union collects a larger share of taxes, while States bear significant expenditure responsibilities.
  2. Declining Fiscal Autonomy of States
    Expansion of cesses and surcharges reduces the divisible pool available for tax devolution.
  3. GST-Related Challenges
    States have limited flexibility after subsuming many taxes under GST.
  4. Regional Disparities
    Weaker States continue to depend heavily on Central transfers.
  5. Weak Local Finances
    Panchayats and Municipalities have limited own-source revenue and remain dependent on grants.

What is the significance of fiscal federalism:

  1. Supports cooperative governance through the GST Council.
  2. Essential for financing health, education and climate-resilient infrastructure.
  3. Strengthens fiscal sustainability and responsible public finance.
  4. Promotes competitive federalism through performance-based grants.
  5. Critical for achieving Viksit Bharat 2047 and Sustainable Development Goals.

Conclusion

Fiscal federalism succeeds when financial powers match governance responsibilities. Strengthening State autonomy, empowering local governments and ensuring predictable, equitable fiscal transfers will deepen India’s cooperative federalism.

Wallace Oates: “Fiscal decentralisation improves efficiency because local governments are better informed about local preferences.”

Richard Musgrave: “Fiscal federalism seeks the optimum allocation of financial responsibilities among different levels of government.”

Fiscal federalism is not merely about sharing revenues; it is about sharing responsibility, accountability and development across all levels of government.

Introduction

The Inter-State Council (ISC), established under Article 263, was recommended by the Sarkaria Commission to promote cooperative federalism through consultation, coordination and dispute resolution between the Union and the States.

It facilitate coordination, consultation and cooperation between the Union and State Governments. It serves as an institutional mechanism for strengthening cooperative federalism and resolving inter-governmental issues.

Features:

  1. Constitutional Body

Established under Article 263 of the Constitution.

  1. Advisory Nature

Provides advice and recommendations; its decisions are not binding.

  1. Promotes Cooperative Federalism

Facilitates dialogue between the Centre and the States.

  1. Forum for Policy Coordination

Discusses subjects of common national importance.

  1. Dispute Resolution

Investigates and discusses inter-state disputes before they escalate.

  1. Permanent Institution

Constituted by a Presidential Order in 1990 based on the recommendations of the Sarkaria Commission.

Composition:

  • Prime Minister – Chairman
  • Chief Ministers of all States
  • Chief Ministers of Union Territories having Legislatures
  • Administrators/Lieutenant Governors of Union Territories (as nominated)
  • Six Union Cabinet Ministers nominated by the Prime Minister

Opinions:

Scholar

Contribution

Sarkaria Commission (1988)

Recommended establishing a permanent Inter-State Council under Article 263.

Punchhi Commission (2010)

Recommended regular meetings and strengthening the ISC Secretariat.

Granville Austin

Viewed institutional dialogue as essential for cooperative federalism.

Functions (Article 263):

  1. Inquiry into Inter-State Disputes

Investigates and advises on disputes between States.

  1. Discussion of Common Interests

Discusses matters affecting the Union and the States.

  1. Policy Coordination

Recommends better coordination in policy and administration.

  1. Federal Consultation

Provides a platform for Centre-State consultation before major policy decisions.

  1. Strengthening National Integration

Builds consensus on national issues affecting multiple States.

Significance:

  1. Strengthens Cooperative Federalism
    Provides an institutional mechanism for Centre-State dialogue.
  2. Reduces Centre-State Conflicts
    Facilitates consultation before disputes become constitutional crises.
  3. Promotes Policy Coordination
    Improves implementation of national programmes.
  4. Encourages Consensus Building
    Brings together political executives from different governments.
  5. Supports National Integration
    Balances national priorities with regional aspirations.

Criticism:

  1. Advisory Nature
    Recommendations are not legally binding.
  2. Infrequent Meetings
    The Council has not met regularly, reducing its effectiveness.
  3. Weak Institutional Follow-up
    Implementation of recommendations is often delayed.
  4. Overlapping Institutions
    The GST Council, NITI Aayog and Zonal Councils sometimes perform similar coordination functions.
  5. Political Differences
    Partisan politics occasionally limits meaningful dialogue.

Federal Relevance:

  1. Essential for resolving Centre-State disputes over federal issues.
  2. Facilitates cooperation in health, disaster management and climate governance.
  3. Supports implementation of national development programmes.
  4. Strengthens fiscal and administrative federalism.
  5. Provides a constitutional platform for collaborative governance in a coalition and multi-party era.

Important Committees:

Committee

Recommendation

Sarkaria Commission (1988)

Recommended a permanent Inter-State Council as the primary institution of cooperative federalism.

Punchhi Commission (2010)

Recommended regular meetings, a strengthened Secretariat and greater consultation on federal issues.

Second Administrative Reforms Commission (2007)

Suggested strengthening the ISC as the principal platform for Centre-State coordination.

Important Supreme Court Cases:

Case

Principle

S.R. Bommai v. Union of India (1994)

Federalism is part of the Basic Structure of the Constitution.

Government of NCT of Delhi v. Union of India (2018)

Emphasised cooperative federalism and constitutional trust between institutions.

Union of India v. Mohit Minerals Pvt. Ltd. (2022)

Reinforced the principle of cooperative federalism while holding that GST Council recommendations are persuasive, not binding.

Inter-State Council vs GST Council:

Basis

Inter-State Council

GST Council

Constitutional Provision

Article 263

Article 279A

Nature

Advisory constitutional body

Constitutional decision-making body for GST

Objective

Centre-State coordination on all policy matters

Coordination of GST laws and indirect taxation

Chairperson

Prime Minister

Union Finance Minister

Decisions

Recommendatory

Recommendations are persuasive (as clarified in Mohit Minerals, 2022)

Conclusion:

The Inter-State Council remains India’s principal constitutional forum for cooperative federalism. Regular meetings, stronger institutional support and greater implementation of recommendations can transform it into an effective federal coordinating mechanism.

An active Inter-State Council can transform Indian federalism from episodic consultation to continuous constitutional cooperation, reinforcing the spirit of cooperative, collaborative and competitive federalism.

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