CO-OPERATIVE FEDERALISM

“The SUCCESS and STRENGTH of the federal polity depends upon the maximum of co-
operation and co-ordination between the governments .”1

Indian Constitution being federal in structure establishes the dual polity with the Union at the
Centre and States at the periphery. The one is not subordinate to the other in its field, the
authority of one is to coordinate with that if the other. 2 Federation is the division of power
between centre and its constituent units. In a vast country like ours, the spirit of Cooperative
Federalism should guide the relations between the centre and the states on the one hand, among
different States and between the states and the Panchayati Raj institutions and the urban local
bodies on the other. Co-operative Federalism is a concept of federalism where national, state and
local government interact cooperatively to solve common problems. Co-operative federalism is
nothing but a functional arrangement of harmonious relations between Centre and State.
Cooperative Federalism is a concept where various states cooperate with each other and with the
centre for the development of nation and the States. Co-operative Federalism is intended to
ensure a minimum bundle of basic services and a nationally acceptable level of living for the
people of the country.

INSTANCES OF COOPERATIVE FEDERALISM: - Article 2633 of the constitution has

provided for the setting up of an Inter-State Council for investigation discussion and
recommendation for better coordination of relation between the centre and the state.

The Zonal councils set up under the State reorganisation act 1956 provide another institutional
mechanism for the Centre-state and Inter-state cooperation to resolve the differences and
strengthen the framework of Cooperation. The National development council and the National
Integration Council are the 2 other important forms that provide opportunities for discussion to
resolve the differences of opinion. Central councils have been set up by various ministries to
strengthen the Cooperation. Constitution allows mutual delegation of functions between centre

1
DD BASU, INTRODUCTION TO THE CONSTITUTION OF INDIA 379 (24th ed. 2020).
2
JN PANDEY, CONSTITUTIONAL LAW OF INDIA 680 (55th ed. 2018).
3
INDIA CONST. art. 263.
and states by articles 258 & 258-A. Article 262 empowers the parliament for the adjudication of
any dispute with respect to use, distribution, or control of waters of any inter-state river or river-
valley. The Indian Constitution provides for a scheme of tax sharing between the centre and the
states. Apart from this there is another way of transfer of revenue from the centre to the state and
that is the system of grants-in-aid.

HURDLES TO CO-OPERATIVE FEDERALISM: - Due to differences in the opinion of

government at the centre and the state government and with day to day change in the political
climate in the country brings hurdles in the path of Co-operative Federalism. Political needs of
an organization led to abuse of powers given to it. Several issues such as trust deficit and
shrinkage of divisible pools plague Centre-State relations and varied economic patterns, different
socio-economic parameters of each state, and the present inter-state competition are one of the
major hindrances for Cooperative Federalism.4 The new challenges of multi party system,
terrorism, voice of separatism have vitiated the social fabric of the federal structure.

PRESENT SCENARIO: -In the present scenario, we can see where the disagreement of states
towards policies of Union results in the failure of Co-operative Federalism. Citizenship
Amendment Act, 2019 introduced by Union have faced a greater disaffection in the States ruled
either by local party or non-central ruling party. This results in the resolution passed by the
States not to implement the National Register of Citizens (NRC). Not every States disagreement
is the same and the Union must develop newer conventions to foster co-operation. Last year 3
new farm laws were brought by the Union, but the same is also protested by various states. These
kinds of things will weaken the very federal structure of the nation and thereby hampers the
growth of States and nation as well. We need a better understanding and cooperation among the
various states and union to foster the growth of the nation.

Besides these negative scenes of Co-operative federalism, we do have many instances where
Cooperative Federalism helps the nation to come out of many problems. Many exigencies have
tested the foundations of our federal democracy, but none as harshly as COVID-19 pandemic. 5
And the India’ success in defeating this pandemic was the Centre-State collaboration. Being the
biggest democracy in the world and with 2 most populated country in the world, it was difficult
4
https://www.drishtiias.com/to-the-points/Paper2/cooperative-and-competitive-federalism-in-india .
5
Pranav Verma & Sughosh Joshi, Reaffirm cooperative federalism, The Hindu, May 13, 2020, at 7.
task to the country. It was this Cooperative Federalism which helps us to bring out of this
pandemic or to have much control on its disrupting effects.

SUGGESTIONS: - For the better common understanding of policies of the Union and for
fostering and prompting Cooperative Federalism for the development of the nation, States
representation in the consultation with the Union is most important. The new challenges and
issues need centre and various states to come together. All the upcoming obstacles in path of
development requires that the country as a whole comes together. Since the implementation of
Unions policies in the States depends on the state implementing it, so the consultation of states
concerned must be given priority. The Union Government can include States in how decisions
are made and enforced. There needs to be a mix of competitive and Cooperative Federalism for
India to move ahead. In competitive federalism States need to compete among themselves and
also with the centre and it provides the dynamism that need to be unleashed. At the same time, it
should be balanced by Cooperative Federalism. The role of NDC will be the deciding factor for
strengthening Cooperative Federalism. At various State levels, concerned governments should
develop mechanism for interacting with the representatives of PRIs and ULBs to resolve issues
relating to formulation and implementation of programmes. There is also a need for a horizontal
consultation process between the PRIs and ULBs to learn from each other’s experiences and to
resolve day-to-day problems.6

WAY FORWARD TO CO-OPERATIVE FEDERALISM: - A diverse and large country like

ours requires a proper balance between the pillars of federalism, i.e., autonomy of states, national
integration, centralisation, decentralisation, nationalisation, and regionalisation. Extreme political
centralisation or chaotic political decentralisation can both lead to the weakening of Indian
federalism. Reforms at the institutional and political level can deepen the roots of federalism in
India. e.g., The contentious role of the Governor in suppressing the states for the Centre’s
interest needs to be reviewed. Proper utilisation of the institutional mechanism of the Inter-state
Council must be ensured to develop political goodwill between the Centre and the states on
contentious policy issues.7 The gradual widening of the fiscal capacity of the states has to be
legally guaranteed without reducing the Centre’s share. The true federalism is based on the

6
9th Five Year Plan (Vol-1), https://niti.gov.in/planningcommission.gov.in .
7
https://www.drishtiias.com/to-the-points/Paper2/cooperative-and-competitive-federalism-in-india .
healthy relationship between Union and the states. The true Cooperative Federalism is the way
forward.

NAME- VIVEK DWIVEDI

INSTITUTION – SCHOOL OF LAW, DAVV, INDORE.