Monday, November 27, 2017

Activate Cooperative Federalism : Vanam Jwala Narasimha Rao

Activate Cooperative Federalism
Vanam Jwala Narasimha Rao
Telangana Today (28-11-2017)

DMK leader MK Stalin’s press release applauding Telangana Chief Minister K Chandrashekhar Rao’s massive efforts to uphold social justice with reference to increasing percentage of reservations to SC, ST and Minorities and for calling a procession at Delhi’s Jantar Mantar demanding such right to the states followed by a phone call from CM KCR to Stalin thanking him will unveil a new chapter in the centre-state relations and cooperative federalism in the country. India is the world’s largest democracy with a federal structure and is supposed to accommodate numerous facets of country’s political system with great flexibility within the broad framework of cooperative federalism. Whether this is happening in its letter and spirit is a million-dollar question?

 Defending states’ role…. Chief Minister of Telangana K Chandrashekhar Rao while participating in the world economic meet in China two years ago strongly defended the federal structure of India. He said that in India states have a major role to play and realizing this aspect, the Government of India has delegated more powers and funds to the states. In place of the earlier Planning Commission an organization called NITI Ayog consisting of all the Chief Ministers of all the states with Prime Minister as its Chairman has come into existence referred as Team India. With Prime Minister as Chairman and CMs as members, all states together need to plan the development of country and the states’ development as well. In a federal structure like the one India, states shall have a major role to play.

This month, KCR while participating in a discussion on minorities’ welfare in the Legislative Assembly, however, reiterated that it was time the Centre reviewed its stand on accommodating States’ requirements. He said that for taking forward the country in an integrated manner, the Government of India must transfer to the States several of the schemes and subjects that are under its hold. Peoples’ desires, ambitions and demands are on the increase and, therefore, he called for more decentralisation. Keeping in view the social backwardness, the percentage of reservations in the State to minorities, STs and SCs must be enhanced, he said. The Union government should either accept this decision and include it in the 9th Schedule or reject it so that the doors of the Supreme Court could be knocked. The Chief Minister also hinted at agitation in the ensuing Parliament session by his MPs to secure their demand.


Towards Unitary features…. Against this background, there is a need for a fresh look at the conceptual evolution of cooperative federalism in India and pass its inoperative nature in several contexts.

Indian Constitution creates a central government which can move either on the federal or on the unitary plane, according to the needs of the situation. Over a period, because of diverse political features in our country it looks like we are moving towards extra emphasis on strong unitary features instead of moving towards liberal cooperative federalism despite the NITI Ayog presence.

For instance, the industrial Policy of Telangana, the newest and youngest 29th state of India, needs cheer from centre. The two-bedroom house scheme for the vulnerable and disadvantaged community needs full support from Government of India in all aspects including liberal funding. Telangana Government is spending lot of money on providing drinking water. It spends huge funds on irrigation projects, a plethora of welfare measures which are not implemented anywhere in the country. None of these get the support the way it is expected from the federal structured government.

Historical roots….Cooperative Federalism has historical roots. During the days of kingdoms in India we practiced federal policies with non-intervention in local affairs. Even the British Government was only regulating the work of East India Company but did not intervene in its powers. The Government of India Act 1919 also provided for a federal India called the dyarchy. Jawaharlal Nehru philosophy was “cooperation and consultation with the states”. The Princely states joining Indian Union was with the spirit of cooperative federalism.

For nearly the first two decades it was a Central Rule as the Indian National Congress was ruling in the Centre and in almost all the States. With non-congress governments coming to power in states later, the shift was towards a bit more federalism. When non-congress and coalition governments came on to the scene both at the centre and states though there was a shift towards more of a federal structure, it did not continue with the same spirit for long. Many of the Union and Concurrent list subjects continue to dominate the polity of India. If corrective measures are not initiated, cooperative federalism will turn into confrontation structure with States demanding more and more decentralised powers.

Three Lists…. The Constitution has three lists namely the Union List, State List and Concurrent List. In effect residual powers remain with the Union Government. Union List is a list of 100 items given in Seventh Schedule in the Constitution of India on which Parliament has exclusive power to legislate. These include among others; Defence of India; Foreign affairs; Citizenship; Railways; National Highways etc. and any other thing not listed in state list and concurrent list.

The state list has 61 items. Notwithstanding all this big list, none of the laws that are made by the Legislature of a state are valid if they are inacceptable to Parliament and for which Parliament is competent to enact. However, if the law made by the Legislature, of a State is connected to the Concurrent List and has received President assent, then it will prevail in that State. The state list among others consist of, Police; Prisons; Local government; Public health; liquors; Electricity etc. The concurrent list is a list of 52 items. They are among others, Criminal law; Criminal procedure; Preventive detention; Civil procedure; Drugs and poisons etc.

The term “Federation” has nowhere been used in the Constitution. However, in India it contains all the usual features of a federation, namely, two governments, division of powers, written Constitution, supremacy of Constitution, rigidity of Constitution, independent judiciary and bicameralism. Despite all this, India is described as a Union of States though it is federal in form and unitary in spirit.


For planning and implementing centrally assisted schemes such as the National Social Assistance Programme; Mahatma Gandhi National Rural Employment Guarantee Programme; Umbrella Schemes for Development of SCs, STs, Minorities and Other Vulnerable Groups; Pradhan Mantri Krishi Sinchai Yojana, Gram Sadak Yojana, Awas Yojana; National Rural Drinking Water Mission; National Health Mission; National Education Mission; National Livelihood Mission etc. powers could as well be delegated to states. When this is done the implementation will be more scientific as the states know the exact requirement of its people. This is the real spirit of cooperative federalism as propounded by PM Narendra Modi in his first speech in NITI Ayog.

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