Model Answer
0 min readIntroduction
Indian federalism, as enshrined in the Constitution, is often described as ‘quasi-federal’ due to its unique features. While the Constitution establishes a clear division of powers between the Union and the States (Articles 245-254), it also incorporates strong centralizing elements. Recent developments like the imposition of President’s Rule in several states, the increasing reliance on centrally sponsored schemes, and debates surrounding the role of Governors have reignited discussions about the balance of power within the Indian federation. This answer will analyze whether the actual working of Indian federalism conforms to these inherent centralizing tendencies, providing a reasoned assessment of the situation.
Understanding the Constitutional Framework of Indian Federalism
The Indian Constitution establishes a dual polity – Union and States – with three lists defining the legislative competence: Union List, State List, and Concurrent List (Seventh Schedule). Article 246 delineates the powers of the Union and States. However, several provisions deviate from a purely federal model.
- Residual Powers: The Union Parliament has exclusive power to legislate on any matter not enumerated in the State List (Article 248).
- Emergency Provisions: Articles 352, 356, and 360 allow the Union government to assume control over states during emergencies, significantly curtailing state autonomy.
- All India Services: The Constitution provides for All India Services (IAS, IPS, IFS) whose officers are recruited by the Union and serve under the states, creating a link between the center and the states.
Centralizing Tendencies in Indian Polity
Despite the constitutional framework, several factors contribute to centralizing tendencies in Indian polity:
1. Legislative Centralization
The Union Parliament’s power to legislate on subjects in the Concurrent List, and its overriding authority in case of conflict with State laws (Article 254), tilts the balance in favor of the center. Furthermore, the frequent use of Article 356 (President’s Rule) to dismiss state governments, though subject to judicial review after the S.R. Bommai case (1994), demonstrates the center’s power.
2. Financial Centralization
The Union government controls key revenue sources like income tax and corporation tax, while states are largely dependent on devolution of funds from the center. The Finance Commission (established under Article 280) plays a crucial role in determining the principles governing the distribution of tax revenue, but the center retains significant discretion. The increasing reliance on Centrally Sponsored Schemes (CSS) also gives the Union government considerable influence over state policies.
Example: The Goods and Services Tax (GST) Council, while a constitutional body with state representation, is often perceived as being dominated by the Union government in decision-making, particularly regarding rates and implementation.
3. Administrative Centralization
The role of the Governor, appointed by the President (Article 155), has been a source of contention. Governors often act as representatives of the central government, and their discretionary powers can be used to influence state politics. The appointment of Governors with political backgrounds has further fueled these concerns.
4. Role of Central Agencies
The increasing assertiveness of central agencies like the CBI and ED in investigating cases involving state governments and political opponents has raised concerns about the misuse of power and erosion of federal principles.
Statistic: According to PRS Legislative Research, between 1952 and 2023, President’s Rule was imposed 154 times in various states, highlighting the frequent use of this centralizing power. (Data as of November 2023)
Countervailing Forces and Cooperative Federalism
However, it’s crucial to acknowledge that Indian federalism isn’t solely defined by centralizing tendencies. Several factors promote cooperative federalism:
- Inter-State Council: Established under Article 263, it provides a platform for consultation between the Union and States.
- National Development Council: Plays a role in formulating national policies and plans.
- Zonal Councils: Promote cooperation among states in specific regions.
- Increased State Autonomy: The rise of regional parties and coalition governments at the center has often led to greater accommodation of state interests.
The concept of ‘Cooperative Federalism’ has gained prominence in recent years, emphasizing collaboration and mutual respect between the Union and States. However, the practical implementation of this concept remains uneven.
Conclusion
In conclusion, while the Indian Constitution provides a framework for federalism, the actual working of the system demonstrably conforms to centralizing tendencies. These tendencies are evident in legislative powers, financial arrangements, administrative control, and the role of central agencies. However, countervailing forces like inter-state councils and the rise of regional parties contribute to a degree of cooperative federalism. A more balanced and genuinely cooperative federal structure requires greater financial devolution, a more neutral role for Governors, and a more respectful approach to state autonomy by the Union government.
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.