6/14/2019 Cooperative federalism in India

Cooperative federalism in India

Poli cal scien sts have classified governments into unitary and federal on the basis of nature of the
rela onship between na onal government and regional government .Federal governments are one, in which
powers are vividly divided between central and regional governments as enshrined in Ar cle 246 & Schedule 7
of the Indian Cons tu on with dis nct list defining the scope of power i.e. State list, Concurrent list and Union
list.
Indian Cons tuent Assembly was well aware that federalism was important to absorb huge diversity but
simultaneously gave it a Unitary Bias to counter cessa on tendencies as India was a "Na on in the Making".
This process of Na on making was boosted by an innova ve a ribute of Federalism termed as "COOPERATIVE
FEDERALISM" by GRANVILLE AUSTIN, which lucidly means coopera on between Union and States. However,
Coopera ve Federalism is not new to India; its root can be traced in the history.
Since the ancient period, kingdoms or empires has ruled Indian subcon nent through a federal policy of non-
interven on in local affairs. Hence, chie ains were le very much alone. Successful monarch Akbar understood
diversi es of the subcon nent and hence ruled through a policy of coopera ve Federalism.
Further disintegra on of Mughals is partly a ributed to centralised tendencies of monarchs like Jahangir and
Aurangzeb. Moreover, Revolt of 1857 was also the result of interven on measures of Bri sh like Doctrine of
Lapse, etc.

Coopera ve Federalism was one of the major instruments used by prominent Vallabhbhai Patel to persuade
and cajole 492 princely states to join Indian union.
Under Nehruvian era, State Reorganiza on Act, leading to the forma on of five zonal councils was an important
step towards coopera on. However, Federalism soon came under threats which can also be witnessed in
contemporary mes.
This threat is in the form of frequent use of Ar cle 356 imposing president rule, as seen recently in U arakhand
and Arunachal Pradesh. Also, obscure dis nc on of power has led to conflicts between Delhi government and
central government.
Further, special powers to Armed forces through AFSPA in some states have led to serious concerns about
human right viola ons. "Sharmila Irom", who recently ended her fast a er 16 yrs calling for the aboli on of
AFSPA, can be well quoted in this context.
However, few posi ve notes can also be pinned up here in recent context. Firstly, 42℅ devolu on of funds to
states as declared by Finance commission and Secondly, Land boundary agreement between India and
Bangladesh in which states like West Bengal, Meghalaya, Assam and Tripura fully cooperated with the central
government.
Coopera ve Federalism is an important tool in healing many evils like inter - state and intra - state inequali es.
Centre can provide Grant in aid to poor states which are disadvantaged because of adjoining interna onal
border, difficult terrain etc. Coopera ve Federalism also a racts a en on in case of Naxalism where central
police like CRPF, BSF are used to tackle this problem helping states to a ain peace.
Moreover, one may argue, Cauvery dispute between Karnataka and Tamil Nadu or Sutlej -Yamuna canal dispute
between Punjab and Haryana can be solved through coopera on.

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6/14/2019 Cooperative federalism in India

With the advent of 21 century, new challenges of global nature like climate change don't recognise state
fron ers. Pollu on and conserva on issues reflect the uncomfortable tension between decision-making
processes of the government at centre -state- local levels. Further, Disaster Management transcends interstate
boundaries.
Globalisa on has reinforced the need for concurrence between geographical, clima c, environmental and
technological diversi es, inter as well as intra-states, so that they may link with the global processes for viable
and sustainable development and growth.

Since the world has become a global village, the country's internal security and poli cal problems are open to
external influence verging on interven ons. Problems like terrorism, organised crimes, refugees and internally
displaced persons need to be handled through centre -state coopera on.
Hence there is urgent need to strengthen this coopera on. In this context, S.R Bomai case worth men oning, in
which Supreme Court decreed centre to apply President Rule only on substan al cons tu onal reason and put
it under the ambit of judicial review.
Further, Ar cle 263 dealing with Inter- state council is important and this council needs to be strengthened.
Also, Union government should take ini a ve by winding up ministries dealing with state subject leaving states
with greater space. Moreover, Centre should be more conscious while dealing with Concurrent list in which
central laws can overrule state laws.

Finance commission should be given control of all funds hence leaving no place to discre onary grants which
are o en biased.

Compe ve Federalism is another instrument of efficiency and coopera on. However, a fair compe on needs
to be encouraged as all states are not equally capable or resourceful of compe ng with each other.
India is a beau ful mel ng pot of diversity. The same needs to be valued and cherished. And there is not a
be er way to do so than by coopera ve Federalism. In the famous words of Jus ce Nani Palkivala - "WHO DIES
IF INDIA LIVES AND WHO LIVES IF INDIA DIES....." People of several states sink or swim together, and that in
long run, prosperity and salva on are in innova on and not conflict; coopera on and not compe on.

- ANKUSH SHARMA

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