Q 6(c). The recent developments in Indian Politics has not eroded the true spirit of federalism in India. Critically examine this statement with the help of appropriate examples.
(UPSC 2025, 15 Marks, 200 Words)
Where in Syllabus:
(Indian Polity and Governance)
भारतीय राजनीति में हाल में हुए परिवर्तनों ने संघवाद की भावना को भारत से विनष्ट नहीं होने दिया है। इस कथन का समुचित उदाहरणों द्वारा आलोचनात्मक परीक्षण कीजिए ।
Introduction
Explanation
Recent Developments in Indian Politics
● Strengthening of Regional Parties
○ Regional parties have gained significant influence in Indian politics, often playing a crucial role in coalition governments. For instance, the Trinamool Congress (TMC) in West Bengal and the Dravida Munnetra Kazhagam (DMK) in Tamil Nadu have been pivotal in shaping state and national policies.
● Inter-State Disputes
○ Recent years have seen an increase in inter-state disputes, particularly over resources like water. The Cauvery Water Dispute between Karnataka and Tamil Nadu is a prominent example, highlighting the challenges of federalism in resource allocation.
● Centralization vs. Decentralization
○ The central government has been accused of centralizing power, often at the expense of state autonomy. The implementation of the Goods and Services Tax (GST) is cited as an example where states have limited fiscal autonomy.
● Role of Governors
○ The role of governors in states has been contentious, with accusations of partisanship. The recent political crisis in Maharashtra saw the governor's role being questioned, raising concerns about the federal balance.
● Bifurcation of States
○ The creation of new states or the reorganization of existing ones continues to be a significant political issue. The bifurcation of Jammu and Kashmir into two Union Territories in 2019 is a notable example, impacting the federal structure.
● Fiscal Federalism
○ The 15th Finance Commission recommendations have sparked debates on fiscal federalism, with states demanding a greater share of central taxes to manage their finances effectively.
● Cooperative Federalism
○ The concept of cooperative federalism has been emphasized, with initiatives like NITI Aayog aiming to foster collaboration between the center and states. However, the effectiveness of such initiatives remains debated.
● Judicial Interventions
○ The judiciary has often intervened in federal disputes, playing a crucial role in maintaining the balance of power. The Supreme Court's verdicts on issues like the Delhi Government vs. Lieutenant Governor case have been significant in defining federal relations.
● Language and Cultural Politics
○ Language and cultural identity continue to influence federal dynamics. The resistance to the imposition of Hindi in non-Hindi speaking states underscores the cultural dimensions of federalism.
● Electoral Politics and Federalism
○ The rise of coalition politics and the need for alliances have made federalism a key factor in electoral strategies. The National Democratic Alliance (NDA) and the United Progressive Alliance (UPA) are examples of coalitions that reflect the federal nature of Indian politics.
Impact on the True Spirit of Federalism
● Centralization of Power
○ The increasing centralization of power in the hands of the Union government has been a significant concern. This is evident in the use of Article 356 (President's Rule) to dismiss state governments, which undermines the autonomy of states. For instance, the frequent imposition of President's Rule in states like Arunachal Pradesh and Uttarakhand has raised questions about the misuse of this provision.
● Financial Disparities
○ The Goods and Services Tax (GST) regime, while aimed at creating a unified market, has led to states losing their fiscal autonomy. The delay in GST compensation payments to states has further strained their finances, impacting their ability to implement state-specific policies.
● Inter-State Disputes
○ Disputes over resources such as water (e.g., the Cauvery Water Dispute between Karnataka and Tamil Nadu) highlight the challenges in cooperative federalism. The central government's role in mediating these disputes is crucial, yet often criticized for bias, affecting the trust between states and the center.
● Role of Governor
○ The role of the Governor in states has often been contentious, with allegations of acting as an agent of the central government rather than a neutral constitutional authority. Instances like the delay in the formation of government in Maharashtra in 2019 have sparked debates on the misuse of gubernatorial powers.
● Legislative Overreach
○ The use of Parliamentary legislation on subjects in the State List, through mechanisms like Article 249 and Article 252, can be seen as an encroachment on state powers. The recent passage of farm laws, which were later repealed, was criticized for bypassing state legislatures.
● Judicial Intervention
○ The judiciary plays a crucial role in maintaining the federal balance. However, instances where the judiciary has intervened in state matters, such as the S.R. Bommai case, have been pivotal in defining the limits of central intervention but also highlight the tensions in federal relations.
● Political Dynamics
○ The dominance of national parties over regional parties in state politics can dilute the federal structure. The rise of regional parties like the Trinamool Congress in West Bengal and the Aam Aadmi Party in Delhi reflects a pushback against central dominance, emphasizing the need for a more balanced federal approach.
● Emergency Provisions
○ The use of emergency provisions, particularly during the 1975 Emergency, showcased the potential for central overreach, leading to a significant impact on the federal structure. This period remains a critical example of the challenges to the true spirit of federalism in India.
Examples Illustrating Federalism in India
● Division of Powers:
○ The Indian Constitution provides a clear division of powers between the Union and State governments through the Seventh Schedule, which includes the Union List, State List, and Concurrent List. For example, law and order is a state subject, while defense is a union subject.
● Bicameral Legislature:
○ The presence of the Rajya Sabha (Council of States) represents the interests of the states at the national level. This ensures that states have a voice in the legislative process, exemplifying federal principles.
● Inter-State Council:
○ Established under Article 263, the Inter-State Council is a platform for dialogue between the Union and State governments. It addresses issues of common interest and promotes cooperative federalism.
● Finance Commission:
○ The Finance Commission is constituted every five years to recommend the distribution of tax revenues between the Union and the States. This ensures fiscal federalism by addressing the financial needs of states.
● Goods and Services Tax (GST) Council:
○ The GST Council is a unique federal body where both the Union and State governments participate in decision-making regarding indirect taxes. It exemplifies cooperative federalism by ensuring a uniform tax structure across the country.
● Zonal Councils:
○ These councils are statutory bodies established to promote interstate cooperation and coordination. They address regional issues and facilitate dialogue between states and the central government.
● Article 356:
○ While controversial, the use of President's Rule under Article 356 illustrates the tension between central authority and state autonomy. Its application has been a point of debate regarding the balance of power in Indian federalism.
● Linguistic Reorganization of States:
○ The reorganization of states on linguistic lines in 1956 was a significant step in recognizing the cultural and linguistic diversity of India, thereby strengthening federalism by accommodating regional identities.
● Coalition Governments:
○ The rise of coalition governments at the center, especially since the 1990s, has led to greater negotiation and power-sharing between the Union and State governments, reflecting a more federal approach in governance.
● Judicial Interpretation:
○ The Supreme Court of India has played a crucial role in interpreting the Constitution to uphold federal principles. Landmark judgments, such as the SR Bommai case, have reinforced the federal structure by limiting the misuse of Article 356.
● Special Provisions for Certain States:
○ Articles like 370 (now abrogated) and 371 provide special autonomy to certain states, recognizing their unique cultural and historical contexts, thus illustrating asymmetric federalism in India.