Open Forum
New
Delhi, 23 February 2022
India’s Federalism
PLURALITY OF IDEAS
CRITICAL
By Dhurjati Mukherjee
The Opposition has upped the ante against the
Centre over what it clearly views as an attack on federalism. Recently,
Opposition parties in a joint memorandum as reported wrote to Prime Minister Modi
that the States will not agree to ‘unconstitutional usurpation of powers’, which
go against federal governance and this could lead to ‘undesirable crises’.
The memorandum was signed by leaders from 10 political
parties-- Congress, RJD, TMC, Shiv Sena, DMK, SP, CPI, AAP, TRS and IUML. The
bottom line being matters that ‘definitely require federal consultations must
be discussed with the States, instead of issuing unilateral orders.” Earlier,
in a scathing attack on Modi government Congress leader, Rahul Gandhi in Lok
Sabha had asserted “India is described in the Constitution as a Union of States
and not as a nation. . . .It is a partnership, not a kingdom”.
This brings us to the question of federalism
and whether the true spirit has been eroded by the present government. Globally,
27 countries presently have federal political systems, encompassing 40 percent
of the world’s population. In most of these countries, there is
sharing of power and resources in such a way that there is no conflict of
interest.
Dr. B. R. Ambedkar had clearly outlined that State
governments are not sub-national agents of the Union government but are
governments in their own right, with a specific set of powers and
responsibilities guaranteed by the Constitution. The Union government cannot,
therefore, intervene in the domain of State.
One may mention that the essence of
federalism is to create institutional and political arrangements that ensure
effective governance. According to King College political
scientist Louise Tillin in her 2019 book, ‘Indian Federalism’wrote India
opted for a unique model of federalism – fairly centralised but with a strong
degree of interdependence between the Centre and the States to tackle issues
that arise in pluralistic societies. It goes without saying that States ought
to be respected as citizens are attached to the idea that they should be
represented by different governments.
Time and again many forces have challenged
the Indian federalism such as regionalism, lack of fiscal federalism, where
most of the share of the tax pool lies with the Central government, union list
has more items than state list, language and the cultural conflicts mainly
related to the southern States, uneven economic development of the States,
issues of the asymmetrical federalism, demand for statehood and secessionist
movements etc. These challenges can be addressed by cooperative federalism
where there is cooperation among the Union and State governments to work
together on issues and programs for resolving the issues.
The question raised of whether India is first
a nation or a Union of States is non sequitur. It has to be agreed that the two
notions are perfectly compatible and need not be pitted against one another.
The question to what extent the centralising tendencies of the Union government
will affect the prerogatives of States and, therefore, provide grain to the
mill of those who aspire for greater autonomy.
Political analysts are of the opinion that a
series of reforms have altered the balance of power between the Centre and the States
to the benefit of the former. The Centre has delayed distribution of revenue
collected and sought to withhold compensation due to States. The Central
government has passed laws on State subjects like agriculture, dooming their
implementation from the start in a context where fewer States align with the
party in power at the Centre. In many cases, reforms that were meant to foster
cooperative federalism failed to deliver on that promise as the governance
imposed by Modi and the PMO have pushed towards more unilateral decision
making.
Although law and order is a State subject,
the government has done all it can to undermine the capacity and autonomy of State
governments to enforce their writ in the territories under their jurisdiction.
The reckless invocation of the Unlawful Activities (Prevention) Act to suppress
political dissent is an example of how the Modi government seeks to centralise
punitive powers in its hands. Also the government has used investigative
agencies such as the CBI and the Enforcement Directorate to weaken and threaten
parties and State governments opposed to it. The Covid-19 pandemic provided a
great opportunity but the government acted unilaterally from the start.
It cannot be denied that concentration of
power at the Centre has questioned the real intention of federalism in the
country. The States are always at the mercy of the Centre, not just for
equitable sharing of resources but also in matters of governance. Even recently,
the Centre has been planning to regulate the services of IAS and IPS officers
in States, which incidentally has been opposed by all Opposition-ruled States.
A truly effective federal system can operate
when the political leadership firmly believes in decentralisation and
involvement of States in decision-making. This is easier said than done as the
present leadership is more interested in heckling Opposition-ruled States and
is not interested in listening to their demands and points of view. On the
other hand, the States ruled by the party in power cannot raise their voice
against the authoritarian Central leadership.
The other important aspect that comes up in
discussing federalism is the devolution of resources to the village level. Most
States do not involve the panchayats in ascertaining their needs and allotting
adequate resources to them. The panchayats are left to the mercy of the States,
not just in financial matters but also in planning developmental needs. For
example take the case of national highways, which are being constructed at a
fast pace, whereas most district and rural roads are in a pitiable condition.
Finally, a federal polity should obviously
ensure plurality of identities and hence help resist majoritarian mobilisation
based on a singular and exclusionary identity. The renowned economist, Amartya
Sen, made a strong case for a multiplicity of identities as key to expanding
human freedoms. Identity-based majoritarian mobilisation, however, requires the
erasure of such plural identities. As a result, despite conditions being more
conducive for federating and a promise to usher in cooperative federalism,
processes and actions taken by the NDA government have actually worsened in
recent years.
The reduction of the State of Jammu and
Kashmir to Union Territories, squeezing taxation powers of State governments,
the New Education Policy denied a role for State governments, arbitrary levy of
cess that is not shared with States and flexing of financial and political
muscle to direct policy-making by State governments have assumed a more
systemic tenor.
This shift also appears to be inspired by an
erroneous belief that a strong Centre is required to make India powerful.
However, history tells us otherwise and most political scientists believe that
the current trend would lead the country to a disastrous path with States
always in conflict with the Centre. Only time will tell in which way the
federal polity of the country would go. ---INFA
(Copyright, India News & Feature Alliance)
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