The Origins and Consequences of Indian Federalism: A Historical Analysis by - Prerna Kokare
The Origins and Consequences of
Indian Federalism: A Historical Analysis
Authored by - Prerna
Kokare
ABSTRACT:
Federalism is a complicated governmental structure for a country's governance. It unites multiple autonomous, distinct, separate,
and divergent entities or administrative units
into a single political union. It aims to strike a balance between
forces that favour concentrating strength
in a single location and forces that favour dispersing power among a number of units. Federalism aims
to bring together unity and diversity, centralization
and decentralization, and nationalism and localism. The uniqueness of the federal system rests in the fact that
authority is both centralized and divided at the same time. In some places, government and law are centralized,
while in others, they are
decentralized. In a federal country, citizens are bound by the decrees of two governments. The Centre and the states
share all of the government's authorities and
responsibilities. As a result, each level of government operates
within its own field. The many
governments, on the other hand, do not operate in watertight containers. They interact
with one another
at various points,
resulting in a plethora of inter-governmental relationships in a federal country. The
pattern of these ties is dynamic, and it is continuously
rebalancing in response to the centripetal and centrifugal forces at work in the country,
which is why the subject
of inter-governmental relations is so important to any student of a federal
constitution.
INTRODUCTION:
Since thousands of years, India has been ruled by foreign kings like as the French,
Portuguese, Duchess, Shaka, Hunas, Kushanas, Mughalas, and British. As a
result, the workings and philosophies of the above-mentioned monarchs shaped the form and legacy of government and administration. Following independence, the Constituent Assembly formed Indian Parliamentary Democracy. The many
Acts of the British Government ever passed to control India inspired this assembly, and the Act of 1935 became the most influencing act for the constituent creating
assembly of India,
according to W.S.Mauris Jhons' varied studies and results.
India's war for independence came to a conclusion on August 15, 1947,
and the Const ituent Assembly was
tasked with creating a new constitution, which took effect on Jan uary 26, 1950. The allocation of powers
between Parliament and the state legislatures
was one of the most important characteristics of the Indian Constitution.
The founding fathers
of the Indian Constitution were primarily influenced by the federal
elements of the American, Canadian, and Australian Federations. The federal
principles influenced the
framers of the Constitution, with exceptions and adaptations from the US and Canadian constitutions. Indian
leaders, on the other hand, such as Jawaharlal
Nehru, an ardent advocate of liberal democracy, were dedicated to democratic socialism and agrarian redistribution. They believed that a centralized direction for the construction of a federal system in India
was necessary for their programs
to succeed.
DEFINING FEDERALISM:
Federalism is a complicated governmental structure for a country's governance. It unites multiple autonomous, distinct, separate,
and divergent entities or administrative units
into a single political union. It aims to strike a balance between
forces that favour concentrating
strength in a single location and forces that favour dispersing power among a
number of units.
Federalism aims to bring together unity and diversity, centralization and decentralization, and nationalism and
localism. The uniqueness of the federal system
rests in the fact that authority is both centralized and divided at the same time. In some places, government and law are
centralized, while in others, they are decentralized. A federal constitution establishes a dual polity with two tiers of
government: a federal government with
some power over the entire country and state governments with jurisdiction within specific geographical limits. In a federal country,
citizens are bound
by the decrees of two governments.
The Centre and the states share all of the government's authorities and
responsibilities. As a result, each level of government operates
within its own field. The many governments, on the other hand, do not
operate in watertight containers. In a federal
country, they come into contact
with each other at various
points, resulting in a plethora
of intergovernmental ties. The pattern of these ties is dynamic, and it
is continually rebalancing in response to the centripetal and centrifugal forces
at work in the country,
which is why the subject of inter-governmental relations is so important
to any federal constitution study.
The Indian Constitution, which established a dual polity with a central
government and twenty-nine
state governments, is no exception.
HISTORICAL ROOTS & LEGACY OF FEDARALISM:
It is critical to understand the historical legacies
that have shaped
any polity. Especially when it comes to India, where Huns, the Delhi Sultanate, the
Mughals, and finally the Britishers
have wreaked havoc on the country's sociopolitical and economic systems. Also, under MK Gandhi's leadership, the
development of mass communication, the spread
of the English language, and public mobilisation generated political unity upon which the national leadership could
build. As their initial goal, the founding fathers' wisdom in the Constituent Assembly was a tremendous move in
pleasing the current system. They go
beyond the immediate environment to establish the groundwork for long-term
democracy, sacrificing neither
principles nor their vision of what the Republic of India
should be.
Prior to the formation
of the Constituent Assembly, the Cabinet Mission
Plan prioritized the creation of a central government with
very restricted powers, limited to foreign affairs,
defense, and communication. The Muslim League and the Indian National Congress,
on the other hand, were not on board. Despite
this, the Constituent Assembly's first report predicted a weak center based on the
encouragement of Cripps and Cabinet
Mission Plans. The adoption of the India Independence Act, followed by India's partition, prompted the
Constituent Assembly to adopt a more unitary form of federalism. Decentralization was also promoted by Mahatma
Gandhi, who preferred a panchayat/village-based federation. On the other hand, then-Prime Minister Jawaharlal Nehru and Dr. BR Ambedkar supported a
unitary system of governance, while Home Minister Sardar
Vallabhai Patel supported
federalism as well. All's well that ends well, and eventually a healthy compromise was
found, resulting in a balance of power between
the Centre and the States, and India was dubbed a "Union of States"
with an indestructible union. With a
single citizenship policy rather than dual citizenship, the structure
is established for both the Union and State governments.
The government of India acts of 1919 and 1935 laid the groundwork for India's current
federal setup. For the first time in the Act of 1919, the state and
central topics were separated for
legislative, financial, and administrative purposes. The Act revealed the first major step in the constitutional
shift of a unitary form of government, blazing a new road and laying the foundations of Indian Federalism. The
Simon Commission, which was published in May
1930, suggested that the provinces have entire autonomy, including the department of law and order, and that the Governor be given administrative overriding powers in certain areas, such as internal security.
The Commission also suggested a federal government in the center, which
would include both British India and
princely states. The Nehru report also predicted that India's future Constitution will be federal,
with a bicameral legislative structure
and the Supreme
Court as the ultimate court of appeal.
The Federal
State Act of 1935 was a forerunner to the federal
state, which was included in India's constitution in 1950. The Indian Federal
state will be made up of both British Indian provinces and princely states,
according to the 1935 Act. Its goal was to create a centralized federation with a good deal of provincial autonomy.
The act of 1935 is also responsible
for the constitution's unified legal and financial structure, as well as the apparatus
for resolving water disputes, state governors,
and Article 356.
The Cabinet Mission of 1946 accepted the concept for a central government
with far less power, and the
provinces were given significant autonomy as well as residuary rights.
Despite proposals for a weak center, the constitution makers ultimately established a federal structure that
significantly favours additional powers for the center, owing to the lessons of division and future
considerations for sustaining the country's
unity and integrity. In agreement with this, Ambedkar
stated in the final report
of the Constituent Assembly's Union Powers Committee that "it would
be detrimental to the country's interests to provide for a weak central authority that could be incapable of ensuring peace and also of coordinating vital
matters of common concern."
As a result, now The Union Government and the State Government are the two governments that exist in India. The two governments do not
serve as subordinates to one another,
but rather collaborate while functioning separately. Though the Indian constitution has certain characteristics of a federal
constitution, it is not one in the literal sense. The presence of features that are
required for the existence of a federation is a unique feature of the Indian Constitution, although there are
provisions that give the Union Government more power than state governments. As a result,
the Indian Constitutional framework is now a
quasi-federal structure, as established by the 1935 Act. This Act established the basis of India's
federal government. It established a system of legislative power sharing between the
Union and the provinces (the structure at that
time). These regulations were put in place to promote unity and resolve
disagreements among the provinces. The Act also preserved
a sense of cooperation among the provinces. When it comes to the specifics
of this Act, Sections 131, 132, and 133 established procedures for resolving water-related issues. These laws primarily addressed
issues connected to inter-provincial rivers and river valleys.
Section 135 of the 1935 Act, on the other hand, established provisions for the formation of councils to deal with the
coordination of British India's several provinces. Even before independence, there was a need to establish a cooperative
relationship between the provinces. The concepts that were laid down in the 1935 Act have been incorporated into the Indian Constitution in a thorough form. These are the
grounds on which the members of the
constituent assembly built the federalist system.
The Indian Constitution that eventually evolved is not federal in the traditional
sense, but it does contain
all of the key federal
qualities. It is unitary in extraordinary situations such as war and other tragedies, and federal in usual conditions, as Dr. B.R. Ambedkar put it. While challenging the motion, Ambedkar
wanted to expose the logical
weaknesses and practical difficulties of imitating the classical federation like the US by saying that, "A
well designed, and more importantly, well-functioning system of federal governance, by virtue of its manifold
benefits, plays a key role in promoting the stability and prosperity of nations as the hegemony
the world's leading
federations — the United States,
Canada, Australia, and Switzerland – have demonstrated this.
Ø Federal
systems, on the other hand, do not last unless they are skillfully built, as proven by the breakdown of many of the
federal forms that emerged in the last
century, including Soviet Russia, Yugoslavia, Czechoslovakia, Rhodesia, and Nyasaland. The Indian constitution, as
previously noted, promises to be decentralized and federal, but it is in some ways too centrist. The Centre acts in a way that prevents the State's autonomy
from operating freely and decentralized. The question now is,
"Was it meant to be made this way?". This could be one of the reasons behind India's slow growth when
compared to China, where provinces
have complete control over their economies, resulting in significantly greater growth rates.
SAFEGUARDS OF INDIAN
FEDERATION:
1. The Indian Constitution is a written
document that is fairly
strict.
2. The ability to alter the law
with the approval of a majority of state legislatures.
3. The Supreme Court of India
has original jurisdiction over disputes between
the Union and individual
states or groups of states.
From one state to another
or a group of states.
A group of
states from our group to
a group of states from another
group of states.
NATURE OF INDIAN
FEDERATION IN THE CONTEXT
OF ART. 356
There are restrictions in the Indian
Constitution that prevent
it from being federal in the way that the American Constitution is.
Despite the fact that neither the Union nor the states have [absolute] internal sovereignty within India due to
the division of powers between the
Union and the States, in which both governments have plenary power within their respective spheres, certain
provisions in the Constitution are considered to be in violation of the federalist principle. Article 200 of
the constitution, for example, states that governors may reserve some laws enacted
by state legislatures for consideration by
the president of India. Another article that is considered to be a deviation
from the principle of federalism is Articles 356, 352, and 360, which give the president
the power to declare an emergency, which can transform the federal system into a unitary system; however, the
provision is only temporary and can be used only under certain exceptional circumstances under certain restrictions created through judicial intervention; there are many
circumstances in which the central government
has the power to declare an emergency; however, there are many
circumstances in which the central government has the
power to declare an emergency.
There has been a shift in the way that Indian federalism is construed. Our constitution's core framework includes democracy and federalism, which are both essential aspects. Dr. Baba Saheb Ambedkar believed that Article 356 of the Indian Constitution is a dead text, but unfortunately, Article 356 has helped many state governments in India lose their power. It was stated during the constituent assembly debate that Article 356 may be exploited for political purposes. In response, Dr. Ambedkar stated that such articles would never be used and would be considered a dead letter. If they are implemented, I trust that the President, who is endowed with these powers, will take appropriate safeguards before suspending provincial governance. I'm hoping that the first thing he does is issue a simple warning to a province that has gone astray, stating that things were not going as planned under the Constitution. If that warning is ignored, he will call an election to let the people of the province to resolve their differences on their own. He would only turn to this piece if the first two solutions failed.
However, this was never the case, as the President's ability to issue a
proclamation under Article 356 was frequently abused. So far, the provision's
power has been exercised on more than
90 occasions, almost all of them against administrations led by political opponents. This makes S. R.
Bommai v. Union of India a watershed decision
in which the Supreme Court explored the provision of Article 356 and
many issues related to it in depth. State of Rajasthan V. Union of India was the next significant case in
which the nature of the Indian Constitution was called into question. "Our
difficulty is that the language
of Article 356 is so wide and loose that to circumscribe and confine it within a strait-jacket will not be just interpreting or construing it but will be Constitution-making legislation, which, again, does not, strictly
speaking, lie within our domain," Chief Justice Hon'ble Court
observed while interpreting Article 356, "Our difficulty is that the language of Article 356 is so wide and
loose that to circumscribe and confine
it within a strait-jacket Because
of the theoretical title given to the Constitution of India,
namely federal, quasi-federal, and unitary, the Apex court
in India has been wrestling with the argument
whether India has a Federal Constitution and
Federal Government. State of West Bengal V. Union of India was the first notable case
in which the Supreme Court addressed this subject in depth.
CHALLENGES OF INDIAN FEDERATION:
Ø
CENTRALISED PLANNING: Despite the fact that economic and social planning are listed in the Concurrent List of the Constitution's Seventh Schedule, the Union Government has complete control over national and regional planning in India. Centralised planning through the Planning
CENTRALISED PLANNING: Despite the fact that economic and social planning are listed in the Concurrent List of the Constitution's Seventh Schedule, the Union Government has complete control over national and regional planning in India. Centralised planning through the Planning
Commission, now NITI Aayog, a significant preponderance in legislative power for
the Union, the states' financial dependent on the Centre's compassion, and the states' administrative inferiority
make them meek and weak. The states are only responsible for filling in the blank places in the text for planning
purposes. In India, there is
no state-specific planning commission. It also adds to state hardship and jeopardises the efficient
operation of the federal government across the country.
Ø LANGUAGE CONFLICTS: In India,
linguistic diversity can occasionally jeopardise
the federal spirit of the
Constitution. In India, the Constitution recognises 22 languages. Aside
from that, there
are hundreds of dialects spoken
throughout the country. When the federation's strongest unit tries to
impose a certain language
on others, trouble
ensues. The battle for India's
official language is still raging.
The opposition of the southern
states to Hindi as India's
official language has resulted in a deepening linguistic problem in the
country. It casts doubt on the Union
of India's federal nature.
Ø ISSUE OF
RELIGION: India is a great example of religious diversity, which can lead to strife and weaken the
federation. However, the religious process does
not have to be controversial all of the time. Religion may not generate federation imbalances as long as there is appropriate tolerance on the part of the people
and a genuine secular policy
on the part of the
government.
Ø RELATIVE ECONOMIC &
FISCAL INCOMPATIBILITIES AMONG
THE UNITS: A
federation is also threatened by differences in economic norms and relative economic and fiscal
incompatibility among the constituent nations. In this sphere, the causes of imbalance are demands for economic
planning and development, as well as regional economic
equality and state financial autonomy. In a federation, the demand for
regional financial equality causes challenges.
In India, several states have been designated as impoverished and are receiving grants-in-aid based on the
principle of equalisation. However, under
a federation, the paradox arises because if the equalisation principle is followed,
national income and total income growth will suffer. Again, even if significant emphasis
is placed on economic development, equalisation of all units is impossible to achieve.
Ø PHYSICAL
ENVIRONMENT: The physical environment might sometimes make it difficult for a federation to
communicate. A federation with extensive and
challenging communication lines will find it difficult to keep in touch with all of its units. It is simple to
produce misunderstanding and conflict, and this may have been one of the major reasons for the east wing's
departure from Pakistan. Furthermore,
in the absence of effective communication, the poorer units are more likely to develop a sense of neglect and believe
that they are receiving less than
their fair share of development resources. Similar attitudes exist in India's North-Eastern states,
which are causing challenges for the federation.
Ø EXTERNAL FORCES:
External pressures can potentially obstruct
a federation's progress.
Interference from neighbouring countries is causing
tension in India's North Eastern states. China's claim to a portion of
Arunachal Pradesh's land on the Line
of Actual Control jeopardises India's territorial integrity. The Tamil
conflict in Sri Lanka is causing havoc in India. In the past, the purported Pak hand in the Khalistan
movement has played a role in undermining the Indian federation.
Ø
CHALLENGES FROM GLOBALIZATION: Federal systems like India's face both problems and opportunities as a result of globalisation. Federalism has significant challenges in the age of globalisation, because the latter has put pressure on economic and political reforms. As a result of the liberalisation of the economy brought about by globalisation, states seek economic development by allowing foreign direct investment and the creation of special economic zones (SEZs) within their borders. It has resulted in numerous readjustments and structural changes in India's economy. The former center-state connections, particularly in economic realms, have been fundamentally reshaped by the market-driven economy. Gradual liberalisation of the Indian economy has resulted in competition among Indian states for investment, particularly from abroad. It has had the unintended consequence of exacerbating regional imbalances and widening the divide between haves and have-nots. On the one hand, FDIs help forward and developed countries accelerate their economic development; on the other hand, backward countries stay underdeveloped due to a lack of a viable socio-political economic environment. In this sense, the Union Government must help and cooperate with the latter. It will encourage India's cooperative federalism. The relationship between the state and panchayats is also changing at the grassroots level as a result of globalization's pervasive effects. For federalism to survive, increased decentralisation is required at all levels.
CHALLENGES FROM GLOBALIZATION: Federal systems like India's face both problems and opportunities as a result of globalisation. Federalism has significant challenges in the age of globalisation, because the latter has put pressure on economic and political reforms. As a result of the liberalisation of the economy brought about by globalisation, states seek economic development by allowing foreign direct investment and the creation of special economic zones (SEZs) within their borders. It has resulted in numerous readjustments and structural changes in India's economy. The former center-state connections, particularly in economic realms, have been fundamentally reshaped by the market-driven economy. Gradual liberalisation of the Indian economy has resulted in competition among Indian states for investment, particularly from abroad. It has had the unintended consequence of exacerbating regional imbalances and widening the divide between haves and have-nots. On the one hand, FDIs help forward and developed countries accelerate their economic development; on the other hand, backward countries stay underdeveloped due to a lack of a viable socio-political economic environment. In this sense, the Union Government must help and cooperate with the latter. It will encourage India's cooperative federalism. The relationship between the state and panchayats is also changing at the grassroots level as a result of globalization's pervasive effects. For federalism to survive, increased decentralisation is required at all levels.
CONCLUSION:
Finally, for a huge and pluralistic country like India, federalism, or the federal form of governance, is the best option. Through various structural mechanisms of shared authority, it attempts to foster sociopolitical collaboration between two groups of identities. However, as a result of the aforementioned circumstances, the central-state relationship and state autonomy have emerged as major issues in Indian federalism. The Sarkaria Commission, established by the Indian government in 1983 to evaluate and analyse the functioning of Indian federalism, produced no significant proposals for properly constructing Indian federalism. This demonstrates that, despite the fact that our constitution is a federal one, the overemphasis on the federal government's power renders it incapable of dealing effectively with socioeconomic difficulties and promoting national unity. It is necessary to restructure Indian Federalism in order to make it more viable and resilient in terms of encouraging successful center-state relations and upholding the federal tradition across the country. Despite the fact that India was to be a federation, the federation was not formed as a result of an agreement among the states to join one, and because the federation was not formed as a result of an agreement, no state has the right to secede. Because it is indestructible, the Federation is referred to as a Union. Despite the fact that the land and its inhabitants are divided into different States for administrative convenience, the country and its people are one indivisible whole, living under
a single rule emanating
from a single source. India's
political structures are now commonly regarded as federal in nature.
Self-rule and shared rule have been linked
in unusual ways, allowing India's union to not only survive, but also thrive and
expand in all of its diversity.
REFERENCES:
i.
W.H.Morris Jones, ? Jones , ? Politics
in India?, Orient
Longman, Madras, 1978, PP. 200-392.
ii.
Constitution Assembly Debates, Vol-I, PP. 57-68.
iii.
Mahendra P.Singh,
?Constitution of India,
Eastern Book Company,
Lucknow, 2007, PP. 1-6.
iv.
ubhash C. Kashyap,
?Our Constitution?, National
Book Trust, 2001,
PP. 19-21.
v.
W.H.Morris Jones, ?The Government and Politics of India, Hutchinson, 1971, PP. 80-150.
vi.
Subhash C.Kashyap, Ibid, PP. 22-24.
vii.
Mahendra P. Singh, Ibid, PP. 833-842.
viii.
Subhash Shukla, ?Issues in Indian Polity?, Anamika Pub. & Distributers, 2008, PP. 100-290.