Development Administration in India

Assignment

Topic:
Cooperative federalism vs. Combative Federalism

Presented to
Dr. Mohit Bishnoi

By
Lakshya Mittal
MAPA 4th Semester
February, 2022
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Index

1. Introduction ……………………………………………………………… 2

2. Meaning …………………………………………………………….……. 3

3. Background of Cooperative Federalism …………………...…………… 3

4. Articles of the Constitution ………………………………………...…… 4

4.1. 7th Schedule ………………………….………….…………………… 4

4.2. All India Services ……………….…………………………………… 4

4.3. Full Faith and Credit Clause ……………………………………...…. 5

4.4. Zonal Council …………………….………………………………….. 5

4.5. NITI Aayog …………………..…………………………….………… 5

4.6. GST …………………………………………………………………... 5

5. Combative Federalism …………………….…………………………….. 6

6. Recent Instances of Combative federalism …………………..………… 7

6.1. Misuse of office of Governor …….……………………………...….. 7

6.2. Tussle over All-India Services ………………………………….…… 7

6.3. Deployment of central investigative agencies ………………………. 8

7. Conclusion ………………………………………………………………. 9

7.1. Steps Needed ……………………………………………….………… 9

8. References ………………………………...……………………………. 10
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Introduction

The term federalism originated from the Latin word “foedus”, which means
treaty or agreement. Therefore, a federation is a new state policy combining
the principle of centralization and power of non-centralized units. India
comprises different states with diverse cultures where adaptation of federalism
is pivotal. Federalism is part of the basic structure of the Indian
constitution which cannot be altered or destroyed through constitutional
amendments under the constituent powers of the Parliament without
undergoing judicial review by the Supreme Court.

Time and again many forces have challenged the Indian Federalism such as
regionalism, lack of fiscal federalism where most of the share of the tax pool
lies with the central government, union list has more items than state list,
language and the cultural conflicts mainly related to the Southern States,
uneven economic development of the states, issues of the asymmetrical
federalism, demand for statehood and secessionist movements etc.

These challenges can be addressed by cooperative federalism where there is

cooperation among the Union and State governments to work together on
issues and programs for resolving the issues. Some of the recent institutions
imbibing the spirit of cooperative federalism are - NITI Aayog, GST Council,
inter-state council and zonal councils. The spirit of cooperative federalism is
important for ensuring the essence of “Ek Bharat, Shresth Bharat”. 1

However, now the tenets of Cooperative Federalism are also being challenged
with new and alarming push-backs between the states and centre relating to the
liberty of the States. This is paving the way for a Combustive form of
Federalism. In this paper I will present a thorough discussion on both
Cooperative and Combustive Federalism to deduce the differences between
them and arrive at a conclusion about which type best serves the interest of the
people.

1
https://ekbharat.gov.in/Pages/About/Introduction
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Meaning

Cooperative Federalism in India reflects an ideology of a stable relationship

between the centre and other units. It guides all the governing bodies to come
forward and cooperate to resolve common social, political, economic and civic
problems. It requires state and national governments to share power and
collaborate on overlapping functions.

Whereas, Combative Federalism – a term ‘combative federalism’   used by

former Uttarakhand Chief Minister immediately after his government
was dismissed under Article 356 of the Constitution by President’s
proclamation – is a major change in Indian polity. Here, the instances of
control by the Centre over States increase wherein states lose their liberty to
take political executive action.

Background of Cooperative Federalism in India

Since the ancient period, kingdoms or empires have ruled the Indian
subcontinent through a federal policy of non-intervention in local affairs. This
policy of non-intervention in local affairs was a practical necessity because
natural diversities of the people of the subcontinent were so great that they
could only be made a part of a single empire if no or very little effort was
made to impose a common set of beliefs. Successful monarch Akbar
understood diversities of the subcontinent and hence ruled through a policy of
cooperative Federalism.

Further disintegration of Mauryas and Mughals is partly attributed to

centralized tendencies of monarchs like Jahangir and Aurangzeb. Moreover,
after the Revolt of 1857, when the British decided to withdraw their
interventionist measures like Doctrine of Lapse and banned the use of greased
cartridges of animal fat, the British were simply conforming to a pattern of
Government that was already ages old.

Then seeds of Cooperative federalism can be traced right from the Regulating
Act of 1773 which set up a system whereby the British Government supervised
the work of the East India Company but did not take power for itself. The
Government of India Act 1919 provided for a federal India, however
superficial, by envisaging a dual form of government called 'dyarchy.' The
same was sought to be achieved by the Government of India Act, 1935.

The responsibility of the constitutional framework from 1946 to 1950 lied

upon the eminent leaders of Indian Independence. They formed a Constituent
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Assembly to frame the draft of India’s constitution. They aimed to build a

political idea to unite a disintegrated and subdivided society. The Assembly’s
members, therefore, opted for an intense centre with residual power.

Redistribution of responsibilities through devolution of powers from the Union

to the states and from the states to the Panchayats and allocation of financial
resources to the state domain is facilitating the attainment of the objectives of
the Constitution: unity, social justice, and democracy. All this indicates steps
in the direction of cooperative federalism.

The principle of centralizing power became prominent during the 1980s.

However, the distribution of power from union to state and state to panchayat
was later escalated. This is how India’s cooperative federalism met the
constitution’s objectives like unity, social justice, and democracy. 2

Cooperative Federalism in India: Articles of the Constitution

The Constitution makers endeavored to create synergistic governance by

distributing essential powers and responsibilities to the Centre and states.
Nevertheless, they vested power on the decision of Parliament and judgment of
the Supreme Court. Thus, the Centre is provided with more specific powers
keeping the essence of Cooperative Federalism.

1. 7th Schedule

The 7th Schedule of Indian Constitution divided all the power between central,

state and concurrent lists giving some residual powers to the Centre. Article
249(5) authorizes the Indian parliament to amend those subjects of the state
list. However, the resolution must pass an in-state council with a 2/3 majority
to make a change.

2. All India Services

All India Services caters for a unified judicial system to establish the Centre
and state laws. Article 312 of the Indian constitution manifests this provision
that works on integration under cooperative federalism in India.  Article
263 talks about an inter-state council to consider common interest factors
between the states and the Centre.

2
“Cooperative Federalism: From Rhetoric to Reality.” Vidhi Centre for Legal Policy, Sept. 2015.
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3. Full Faith and Credit Clause

Article 261 emphasizes full faith and credit to all records, public acts and
judicial proceedings of the Union and states throughout the Indian Territory.
This step encourages faith and cooperation between the Centre and states.

4. Zonal Council

There are 5 zonal councils for each zone like central, north, south, east and
west to promote coordination. These are designed under the State
Reorganization Act of 1956 while the northeast zonal council is made under a
distinct act.

5. NITI Aayog

The Planning Commission was replaced with NITI Aayog to attain more

cooperative federalism. This organization advises the Centre and states to look
after the discussion and coordination between these 2 powers.

6. GST

101st Amendment Act of Indian Constitution passed unified taxation called

GST. It is a unique tax that manufacturers impose directly on the consumer
which obtains a “one nation, one tax” goal.

Several organizations have tried and failed to settle centre-state feuds making
cooperative federalism in India difficult. Some ways to strengthen Cooperative
Federalism can be states’ independence on making laws, fiscal support from
the centre and decentralization of power.
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Combative Federalism

Throughout its political history, India has witnessed the manifestations of

various forms of federalism. It is crucial to look beyond constitutional
provisions to determine whether the goal of cooperative federalism has been
realized. And assess whether the actions of the central and state governments
reflect the spirit of such federalism. Since the advent of the National
Democratic Alliance’s rule in 2014, numerous steps have been taken to
promote cooperative federalism, which is its goal.

However, there have been numerous instances where the Centre exercised
unreasonable control or interfered with the affairs of the states, which resulted
in growing concerns of over-centralization leading to combative federalism in
states.

An oft-cited issue is the imposition of President’s Rule in states on fallacious

grounds. For instance, in 2016, the Supreme Court had struck down the
emergency for lack of sufficient grounds in Uttarakhand

There have been qualms regarding the appointment and dismissal of Governors
based on political whims since time immemorial 3. Many states opposed the
promulgation of centrally sponsored schemes like Aayushman Bharat, PM-
Kisan and Aspirational Districts Programme. This was deemed problematic
because states had no role to play in formulating these schemes. 4 This lack of
trust and friction between Centre and State is the building blocks of Combative
Federalism.

3
Ambar Kumar Ghosh, The Paradox of ‘Centralised Federalism’: An Analysis of the Challenges to India’s Federal
Design ORF, Sept. 2020.
4
Sidharth Kapoor, Cooperative Federalism in India: A Road Less Travelled, ORF 11 Aug. 2019.
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Recent Instances of control by the Centre over states (Combative

federalism):

1. Misuse of office of Governor:

In 2016, the Governor of Arunachal Pradesh decided to advance the Assembly

elections, leading to political turmoil in the State and then President’s Rule
was sanctioned. The Supreme Court intervened and held that the Governor’s
discretion did not extend to the powers conferred under  Article 174. In Goa,
Karnataka and Maharashtra, the Governor acted beyond his constitutional
directions by inviting parties that did not have the adequate majority to form
the governments. In Rajasthan, the Governor refused to summon a session as
desired by the Council of Ministers. There has also been a dispute between the
centre and the Delhi government over who should have control of the National
Capital Territory of Delhi.

2. Tussle over All-India Services:

The conflict was seen in West Bengal when the Chief Secretary was
summoned to Delhi immediately after the Prime Minister’s visit to West
Bengal following Cyclone Yaas. West Bengal Chief Minister was reluctant to
accede to the Centre’s demand resulting in friction between Centre and State.

The proposed amendments to the Indian Administrative Service (Cadre) Rules

of 1954 are being opposed by states like Tamil Nadu, Kerala, West Bengal,
Jharkhand, Rajasthan, Chhattisgarh and Telangana. The Central Government
has proposed the Amendment of the Administrative Cadre Rules, 1954. This
amendment is alarming for the states because if passed, it will take away the
liberty of the States to deny consent for handing over Civil Servants, working
in state, for Central deputation.

If there is a difference between the central and state government with respect
to the central deputation of civil servants, who at that particular time is serving
the state, then the reason for not releasing him/her should be communicated to
the Centre. In the event of state not communicating the reason in the above
situation, the decision of the Central Government shall prevail.
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3. Deployment of central investigative agencies

The investigations by the Customs, the National Investigation Agency (NIA)

and the Enforcement Directorate (ED) in issues arising from a gold-smuggling
case in Kerala saw a major tussle between State and the Centre.

Registration of an FIR by the CBI for alleged infractions of the Foreign

Contribution (Regulation) Act that said that the Kerala government had
received foreign contributions from the United Arab Emirates for a housing
project also resulted in a face-off between Centre and State.

 All these instances have negatively affected the federal fabric of India. In my
opinion, the framers of the Constitution incorporated federal principles to
establish a sense of cooperation between the Central and the State
governments. Encroachment by either of the units will strictly be against the
Constitution.
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Conclusion

In short, Cooperative Federalism envisages that all the levels of governance,

which are- central, state and local bodies, should cooperate with one another in
order to achieve collective goals for the benefit of the society. Whereas,
Combative Federalism is anathema to the Constitution which
prescribes cooperation and collaboration between the Centre and the States.
Friction between Centre and State hampers mutual cooperation and threatens
to derail serious and long overdue reform measures. There is an urgent need to
strengthen Cooperative Federalism. To make it work, more institutional
reforms are required to eliminate the possibility of manipulation by ad hoc
political bargaining or by welfare-reducing strategic behavior by the
governments at different levels.

 Following steps are needed to be taken in this direction:

Strengthening of Inter-State Council: Over the year multiple committees

have recommended strengthening of Interstate Council where the concurrent
list subjects can be debated and discussed, balancing Centre state powers.
There is far less institutional space to settle inter-state frictions therefore a
constitutional institution like ISC can be a way forward.

Autonomy to states: Centre should form model laws with enough space for
states to maneuver. Centre should give enough budgetary support to states so
as to avoid budgetary burden. There should be least interference in the state
subjects.

Democratic Decentralization of administration and strengthening

governments at all levels in true spirit. Power should be decentralized based on
the principle of subsidiarity.

In my opinion, Cooperative Federalism is not fully realized in India nor is it

overlooked as a political fairy tale. The scheme of distribution of powers,
representation of states in law-making and policy-making, and the
establishment of bodies like Inter-State Councils, Zonal Councils, the
Governing Council of the NITI Aayog all demonstrate the conviction of the
government to develop a unified framework of cooperative federalism.

However, one cannot deny the lack of balance of power between the Centre
and states. Moreover, one must also consider the lack of cooperation among
states themselves, owing to regional and political motives. All these factors
have hindered the realization of a cooperative federation in India.
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References

Book:

1. Banerjee, Arpita and Pravat Kumar. Development Disparities in India:

An Enquiry into Convergence. Springer Publications, 2015.

Papers/Articles:

1. Unny, Mukund P. “The Era of Combative Federalism.” The Hindu, 2022.

2. Paleker, S. A. “Federalism : A Conceptual Analysis.” The Indian Journal
of Political Science, vol. 67, no. 2, Indian Political Science Association,
2006, pp. 303–10, http://www.jstor.org/stable/41856217 .