Model Answer
0 min readIntroduction
Federalism, in its purest form, implies equal distribution of powers between the centre and the states. However, many federal systems, including India, exhibit features of ‘asymmetrical federalism’ – a system where constituent units are not granted the same powers or level of autonomy. This deviation from symmetry arises due to historical, geographical, cultural, or political reasons. In India, this asymmetry is deeply rooted in the country’s diverse socio-political landscape and is reflected in the special provisions granted to certain states, particularly in the North-Eastern region and Jammu & Kashmir (prior to 2019). Understanding this asymmetry is crucial to comprehending the dynamics of Centre-State relations in India.
Understanding Asymmetrical Federalism
Asymmetrical federalism is a type of federalism where the constituent units (states or provinces) within a federation possess unequal powers, rights, or levels of autonomy. This contrasts with symmetrical federalism, where all units have the same constitutional status and powers. The asymmetry can manifest in various forms, including:
- Differential Representation: Unequal representation in the upper house of the legislature.
- Financial Disparities: Different levels of fiscal autonomy and revenue-sharing arrangements.
- Special Constitutional Provisions: Specific provisions granting unique powers or protections to certain units.
- Administrative Autonomy: Greater control over administrative matters for some units.
Constitutional Basis of Asymmetry in India
The Indian Constitution, while establishing a federal structure, incorporates several provisions that create asymmetry. These include:
- Article 370 (Repealed): Granted special autonomous status to Jammu & Kashmir, allowing it to have its own constitution, flag, and internal administration. This was repealed in 2019.
- Article 371: Provides special provisions for several North-Eastern states (Nagaland, Mizoram, Arunachal Pradesh, and Sikkim) concerning their religious and social practices, land ownership, and legislative powers.
- Fifth and Sixth Schedules: These schedules deal with the administration of Scheduled Areas and Tribal Areas, respectively, granting them a degree of self-governance through tribal councils.
- State Reorganization Act, 1956: This Act, while aiming for linguistic reorganization, also contributed to asymmetry by creating states with varying levels of development and administrative capacity.
Manifestations of Asymmetry in India
The asymmetrical nature of Indian federalism is evident in several ways:
- North-Eastern States: These states enjoy significant autonomy in areas like land ownership, resource management, and cultural practices due to Article 371 provisions. For example, Nagaland has a unique system of customary laws and village councils that are protected by the Constitution.
- Financial Devolution: The Finance Commission’s recommendations for tax devolution are not uniform across all states. Some states receive a larger share based on factors like population, area, and fiscal discipline.
- Administrative Powers: States like Himachal Pradesh and Uttarakhand, with smaller populations and unique geographical challenges, often receive special administrative assistance from the Centre.
- Representation in Rajya Sabha: The allocation of seats in the Rajya Sabha is not strictly proportional to population, leading to some states having disproportionately higher representation.
Arguments For and Against Asymmetrical Federalism
Arguments in favour:
- Accommodation of Diversity: It allows for accommodating the unique needs and aspirations of diverse communities and regions.
- Preservation of Cultural Identity: It helps protect the cultural identity and traditions of marginalized groups.
- Effective Governance: It enables more effective governance by allowing states to tailor policies to their specific circumstances.
- Preventing Separatist Tendencies: By granting a degree of autonomy, it can address grievances and prevent separatist movements.
Arguments against:
- Inequality and Discrimination: It can create inequalities among states and lead to feelings of discrimination.
- National Integration: It may hinder national integration by fostering regionalism and separatism.
- Administrative Complexity: It can increase administrative complexity and create challenges for coordination between the Centre and the states.
- Political Manipulation: Special provisions can be exploited for political gains.
Recent Developments and Debates
The repeal of Article 370 in 2019 significantly altered the asymmetrical federal structure of India. While proponents argue it brought J&K on par with other states, critics contend it undermined the region’s unique identity and autonomy. Currently, there are ongoing debates regarding the extension of similar special provisions to other regions, particularly in light of demands for greater autonomy from states like Tamil Nadu and West Bengal. The debate also revolves around the balance between national unity and regional autonomy in a diverse country like India.
Conclusion
Asymmetrical federalism in India is a complex and evolving phenomenon. It reflects the country’s historical context, socio-cultural diversity, and political realities. While it has been instrumental in accommodating diversity and maintaining national unity, it also presents challenges related to inequality and administrative complexity. Moving forward, a nuanced approach that balances the need for national integration with the legitimate aspirations of states for greater autonomy is crucial for strengthening the Indian federal system. A continuous dialogue between the Centre and the states, based on mutual respect and understanding, is essential to navigate the complexities of asymmetrical federalism and ensure a harmonious and prosperous future for India.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.