Model Answer
0 min readIntroduction
Indian federalism, enshrined in the Constitution, is a unique blend of features. While often described as quasi-federal, it leans towards a federal structure with a strong centralizing tendency. The framers of the Constitution aimed to create a system that balanced national unity with regional diversity. The principle of ‘equality of states’ is fundamental, yet the reality is more complex. The Indian federal structure is largely symmetric, meaning states generally have similar powers and structures, but it’s also characterized by asymmetric features, granting special provisions and differentiated treatment to certain states and Union Territories. This examination will delve into the status of States and Union Territories through the lens of weighted and differentiated equality.
Understanding Symmetric and Asymmetric Federalism
Symmetric federalism implies equal distribution of powers and resources among constituent units. All states possess the same constitutional framework and enjoy similar levels of autonomy. Conversely, asymmetric federalism acknowledges differences among constituent units, granting some states or regions greater autonomy or special privileges based on historical, cultural, or geographical factors.
The Symmetric Aspects of Indian Federalism
- Constitutional Framework: All states are governed by the same Constitution, with a common set of fundamental rights and directive principles.
- Rajya Sabha Representation: The Rajya Sabha, representing states, provides equal representation to each state, irrespective of its population (four members per state). This ensures a voice for smaller states.
- All India Services: The All India Services (IAS, IPS, IFS) are common to all states, promoting uniformity in administration and national integration.
- Supreme Court Jurisdiction: The Supreme Court acts as the final interpreter of the Constitution and has jurisdiction over all states.
- Basic Structure Doctrine: The basic structure of the Constitution, as defined by the Supreme Court in the Kesavananda Bharati case (1973), applies uniformly to all states.
The Asymmetric Features of Indian Federalism
Special Provisions for Certain States (Article 371A-371J)
These articles provide special provisions for states like Nagaland, Assam, Manipur, Mizoram, Arunachal Pradesh, and Sikkim, recognizing their unique socio-cultural and historical contexts. These provisions range from special responsibility of the Union for law and order to protection of religious or cultural practices.
- Article 371A (Nagaland): Grants special provisions regarding religious or social practices of the Nagas, and the role of the Governor in law-making.
- Article 371F (Sikkim): Provides for the preservation of the local customs and traditions of Sikkim.
- Article 371J (Hyderabad-Karnataka region of Karnataka): Provides for special provisions for the development of backward areas.
Financial Asymmetries
The distribution of financial resources between the Union and the states is not equal. The Union government has greater fiscal capacity due to its control over major revenue sources. This leads to states being dependent on central transfers.
- Tax Devolution: The Finance Commission (established under Article 280) recommends the principles governing the distribution of tax revenue between the Union and the states. The 15th Finance Commission (2020-2026) recommended a share of 41% of the divisible pool of taxes to states.
- Centrally Sponsored Schemes: States rely heavily on funding from centrally sponsored schemes, giving the Union government significant leverage.
Union Territory Status & Differentiation
Union Territories (UTs) are administered by the Union government, with varying degrees of legislative and executive powers. The status of UTs differs significantly.
| UT Type | Legislative Power | Executive Power | Example |
|---|---|---|---|
| UT with Legislature | Legislative Assembly | Council of Ministers headed by a Chief Minister | Delhi, Puducherry |
| UT without Legislature | No Legislative Assembly | Administered by a Lieutenant Governor | Jammu and Kashmir, Ladakh, Chandigarh |
NITI Aayog & Differentiated Policies
NITI Aayog promotes differentiated policies based on the specific needs and challenges of each state. This reflects a move towards recognizing regional disparities and tailoring development strategies accordingly.
Weighted and Differentiated Equality
The concept of ‘weighted and differentiated equality’ acknowledges that equal treatment does not necessarily mean equitable outcomes. In the Indian context, it justifies the asymmetric features as a means of addressing historical disadvantages, promoting regional development, and preserving cultural diversity. ‘Weighted’ refers to the special provisions that give certain states a degree of preferential treatment, while ‘differentiated’ signifies the recognition of unique needs and circumstances requiring tailored policies. This approach aims to achieve substantive equality, rather than merely formal equality.
Conclusion
The Indian federal structure, while largely symmetric in its constitutional framework, exhibits significant asymmetric features reflecting the country’s diverse socio-political landscape. The principle of weighted and differentiated equality provides a rationale for these asymmetries, aiming to balance national unity with regional autonomy and address historical inequalities. However, maintaining this balance requires continuous negotiation and adaptation, ensuring that special provisions do not undermine the overall integrity of the federal structure and that financial disparities are addressed to promote equitable development across all states and Union Territories.
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.