Activate Cooperative Federalism
Vanam Jwala Narasimha Rao
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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