India is by nature very diverse. Every sect, community, language, culture are very diverse. This main thing was taken into consideration by the makers of our constitution. Our forefathers tailored this constitution to our needs and envisioned India to grow with co-operation.
Unitary Tilt:
India is a Quasi-Federal State with a unitary tilt. For example we have our 7th schedule of our constitution which deals with Union list, State list and concurrent list. State can make any laws and provisions within the state list, while the union government can not only make laws in union list, but also weigh in state list if required and whenever needed.
During the pandemic where Public Health is in State List, but the union government invoked the Disaster Management Act of 2005, while it also advised the state to invoke Epidemic Disease Act of 1897.
Plus it is very obvious that center has its say in concurrent list. Considering all these as a matter of fact, another important thing to take into consideration is DOCTRINE OF TERRITORIAL NEXUS. Article 256 states that any state legislature can pass a bill and make it an act, and if it supersedes or by-passes the central act it is the act of the union government that will prevail. Thus the Union law stands tall in any case, if and when there is a crossover or clash between state law and respective union law.
Indian Federalism:
In the wake of this situation from the beginning of India, the Congress party which was very relevant among the people for its activism in the freedom struggle and contribution to the governance, almost next 35 to 40 years it was the congress government in the center and as well as in the majority of the states.
There was a unanimity in policy, governance, action, plan etc. The government considered building dams as a major infrastructure project for efficient water management. While Nehru envisioned to build dams and termed them as new temples of India, down south Kamarajar built dams in Tamilnadu.
Some examples are Aliyar, Keel Bhavani and Malampuzha Dam which is now Kerala. Also while Nehru was initiating to build many Public Sector Undertakings for electricity, oil, heavy mineral minings such as NTPC, Indian Oil, in Tamilnadu the Kamarajar Government made space for construction of industries to take out the such as BHEL and Hindustan Corp, in Tiruchirapalli. In this era of federalism the governance was very simple owing to the unanimity.
Slowly the political land scape changed. There emerged many regional parties. Owing to the reasons of different ideologies from varied area. The needs differed. The one fit for all model earlier has started to wear out.
And now the concept of co-operative federalism for efficient governance came out as a need. There rose a difference in needs and center not giving an ear to the regional problems. The governance was of Top-Down approach were the required sectors did not get much attention.
Impediments to development:
Earlier in the center and state there was a single largest party where the central command directed the decisions of the state. In the view of governance all the related stake holders were in the same page. But when there came a essential difference in need and prevalent that there are different party in either places, the governance did had a toll to sort out first. An age old example is difference of opinion in language.
Article 351 of the Indian constitution says that “it is the duty of the state to promote the use of Hindi as official language” and
Article 343(1) says that “although there is no national language for India, Hindi will be official language for communication” but
Article 343(2) pronounces “a state or two or more states can adopt a regional language as their official language and it can also be Hindi, until that English will stay as working language”
Along with the aforementioned issues in governance majorly due to the top-down approach, the regional sentiments (here with language) were not properly taken care of. If this is the case then why is the Fazl Ali Commission’s report to re-organize the states on language basis been implemented. The dilution of the vision was evident and the governance took track of day to day damage control on the matters of Center vs State.
Other main issues that must be taken into consideration is that the Governor of the state vs State Government. The respective state government with the different party altogether states that Governor is an agent of the union and not in the interest of the state.
In a recent verdict by Supreme Court on National Capital Territory Delhi vs Union of India 2023, the verdict pronounced that the Lieutenant Governor’s power to make administrative decision via 41st entry in Article 239-AA is void and ultra-virus. There is a special act to govern NCT Delhi and a state legislature to take care of it administrative requirements.
Concurrently the Powers of the Governor is a grey area in our constitution. Adding the already relevant issues with the governance, this is a major setback and big impediment to the working of the federal and state government.
Lack of clarity, communication and vision are the major impediments of development.
Does it contribute to Competitive federalism?
All the regional parties are with their own vision or version of development. There can be a minimum common agenda on what development is and what the scale of development is. But the situation, needs and results differ from place to place and state to state. In a way where the Union government is very keen to introduce health cards and digitalization of health sector, Tamilnadu government has also introduced similar scheme.
Adding to this both Tamilnadu Government and Karnataka Government has announced free transit of women passengers in the state owned transport services. In a way this competitiveness in governance is a boon in this prevailing situation.
How the competitive spirit coexist with Co-operative idea of Federalism?
The design, structure of our constitution may be altered later in accordance to the need if there is so. The past cannot be altered. Dealing with the present situation, this federalism in India is really a paradox in itself unless the understanding stands crystal clear. Centre State relations clearly defines the development of the respective state and India on a whole. And hence even if there is a single party, there may be difference in opinion on the basis of regions.
Example there was UPA 1 and 2, and there was also Congress government in Karnataka, while in Tamilnadu there was DMK government which was a major ally and important part in the UPA 1. All along with the unanimity there was always a difference of opinion in solving the Kaveri river dispute between the states. All the three related stake holders were not in the same page. Derivation to the solution was not near at all.
Be it any situation say, different government in the center and state or be it the same government in center and state the Co-operative federalism must have its say in order for all the relevant and required stake holders to work in an ease.
Analysis and Conclusion:
The working of federalism in India although has its own complexities. The organizational values and the working of each of the stake holders is a major thing to first taken into consideration. In a very practical and pragmatic view, any organization is bound to its complexities. The day in day out working will have its idea, and the respective idea will give a result. This result will be expected on the way of its implementation. And the implementation removes all the prevailing complexities as it will be clearer in the policy paper. And a policy paper will be adjudicated with the prevailing law of the land.
People’s mandate is an important thing in the democracy. This particular mandate can change. That is why an election is very important in a working and healthy democracy. Here we can evidently assume that the mandate is not going to remain the same. People may vote in a party and vote out a party. The needs differ from time to time. The promise delivery, ease of living, the improvisation of standards, the governance of the hour – its effectiveness and efficiency, the law and order, internal security all are considered by one or the other based on the place. The incumbency is further decided.
This has a major say in formulation of a policy. Likewise when the people’s mandate change the policy also changes. The government will also change its position and view in such concerning matters. Now all the all focus is on common, required and standard things to be focused upon.
Every step in regards with governance particularly with this federalism be dealt from the basic foundation. The foundation is the constitutional method. If the need arises and the need is for good governance then the constitutional method of getting consensus and make a relevant statutory law in regards with the same is the effective way. Example, now the government is focusing to spread the importance of education in regional language although there is Article 351, by enacting the National Educational Policy 2020.
It is a well-accepted fact the constitution is kept grey so as to accommodate laws of later need. And as we also know some visionary laws such as Part IV – Directive Principles of State Policy were already made. It is matter of material and time to enact these laws.
Thus the statutory method and subsequent policy formulation will definitely enable the free flow of governance be it any party anywhere. Post that the matter of implementation and success of the policy will have an answer with time.