Q. How far do you think cooperation, competition and confrontation have shaped the nature of federation in India? Cite some recent examples to validate your answer.
Ans:
The Constitution of India establishes a federal system of government. It contains all the usual features of a federation, viz., two government, division of powers, written Constitution, supermacy of Constitution, rigidity of Constitution, independent judiciary and bicameralism. But, Indian federal system has unitary bias, e.g. a strong Centre, single Constitution, single citizenship, flexibility of Constitution, integrated judiciary, appointment of state governor by the Centre, all-India services, emergency provisions etc. Due to this reason, K C Wheare has used the term ‘quasi-federal’ for nature of Indian federal system. However, due to unique socio-economic and political conditions, the nature of Indian federation is now characterised by cooperation, competition and confrontation.
Cooperation in Federation of India:
- It envisages that the Centre and states share a horizontal relationship, where they “cooperate” in the formulation and implementation of national policies.
- A unified judiciary and Uniform law, written constitution, bicameralism, Niti Ayog etc helps to institutionalise the idea of co-operative federalism.
- Examples:
- Replacing Planning commission with NITI Aayog, where states has more representation and say in the participation in planning process.
- The formation of the GST Council, both the Centre and states government are having a say in implementing the one country-one tax system.
- Support and participation by state government to flagship schemes of central government e.g. swachh bharat abhiyan, Ayushman Bharat etc.
- Centre helping poor states or states facing disaster like situation. e.g. special category status for mountainous states, relief package for west bengal after Amphan cyclone.
- Provision for collaboration of Central, State level ‘Prabhari’ Officers & District Collectors in the Aspirational Districts Programme.
Competition in Federation of India:
- It envisages the positive competition between the states to improve the efficiency of implementation of programs.
- Examples:
- Various reports of NITI Aayog like Healthy states Progressive India etc. which give performance-based rankings of States across various verticals to foster a spirit of competitive federalism.
- It helps to identify the best practices in different States in various sectors and then try to replicate them in other States.
- Various ranking released by central departments e.g. Swachh Bharat Rankings by ministry of housing and urban affairs, ease of doing business ranking by DPIIT.
- Centrally Sponsored Schemes are a crucial tool for cooperative and competitive federalism.
- Demand for special category status e.g. Bihar and Andhra Pradesh demand for special category.
- Demand for 6th schedule status e.g. Arunachal Pradesh assembly unanimously passed a resolution for the entire state to be included in the Sixth Schedule of the Constitution.
- Idea of Competition among districts under aspirational districts Programme.
- Various reports of NITI Aayog like Healthy states Progressive India etc. which give performance-based rankings of States across various verticals to foster a spirit of competitive federalism.
Confrontation in Federation of India:
- Sometimes the confrontation between centre and states as well as one state with other state is visible.
- Examples:
- Alteration of of special status of Jammu and Kashmir,
- The union government has passed three farm laws despite agriculture being the state list subject,
- The friction between Centre and States with respect to the current legal framework in managing covid-19 crisis.
- Amendment of NIA Act, UAPA in 2019.
- There has been allegations against the governors action in partition way in various occasions e.g. in Karnataka, Rajasthan etc.
- There has been many river-water sharing disputes amongst the states e.g. Cauvery river disputes, Godavari river dispute etc.
- Recent clash between centre and states over the obligation of centre in case of shortfall in GST Compensation Fund.
- Levying of cess and surcharge by the centre puts states finance at the risk as the Centre need not share the collected resource with the state governments.
- Centrally Sponsored Schemes is another bone of contention between the Union and State Governments. These schemes are run for the subjects falling in the State and Concurrent Lists. Some states view it has a tool for encroachment of State’s functions. e.g. Delhi, West Bengal, Odisha and Telangana in not implementing Ayushman Bharat Yojna.
- Incidents of violence over the border dispute between Assam and Mizoram.
Thus, there the phenomenon of cooperation, competition and confrontation are visible in the federal system of India. While the first two are has positive connotation, we need to address the major subjects which result in confrontation between the federal constituents.
The way forward lies in taking states under confidence while planning any program, rationalization of Centrally Sponsored Schemes and taking the recommendations of Sarkaria and punchhi commissions under consideration.
