OT Code- A55

Manish Sharma

ASSIGNMENT ON COOPERATIVE FEDERALISM

1. Introduction to Federalism:
The term federalism is derived from the Latin root foedus, which means “formal
agreement or covenant.” It includes the interrelationships between the states as well as
between the states and the federal government. In other words “Federalism” is:

“A principle of government that defines the relationship between the central

government at the national level and its constituent units at the regional, state, or local levels.
Under this principle of government, power and authority is allocated between the national and
local government units, such that each unit is delegated a sphere of power and authority only it
can exercise, while other powers must be shared.”

Genesis of idea of federalism in India was first traced in Simon Commission.

“Indian Statutory Commission” appointed in 1927. The commission was meant for revision of
the Constitution for India. In its report in 1930, the commission recommended the evolution of
India into a “federation of self-governing units.” Time-to-time many conferences were held
between British government and Princely states of India to make India a federal nation. At the
end, when Indian Constitution was adopted on 26 Nov 1949, it was said that India is a Federal
nation. Although, Indian constitution resembles a federal constitution but in essence it is not a
federal constitution. The unique feature of Indian Constitution is the presence of features
which are necessary for existence of a federation, at the same time there are provisions which
make the Union Government powerful than that of State Government. Hence, Indian
Constitution can be termed as Quasi Federal in nature and Indian Union can be called as
‘Centralized Federation.’

2. Meaning of Co-operative Federalism:

Co-operative federalism is a political and constitutional concept developed in

th
the early 20 century that emphasizes the decentralization of power and a not necessarily
equal sharing of governmental responsibilities between federal, state and local agencies and
institutions. National and state governments tackle issues together in a cooperative fashion as
opposed to a system in which policy is imposed on local administrations by an all-powerful
federal regime. As a result, both national and state governments are simultaneously
independent and interdependent with an overlap of functions and financial resources, but it is
difficult for one person or one institution to accumulate absolute power. In addition, this
distribution of government provides multiple points of access for citizens interested in
influencing state and federal institutions, laws and policies.
In other words it can also be defined as:

“Cooperative federalism is a concept of federalism in which federal, state,

and local governments interact cooperatively and collectively to solve common problems, rather
than making policies separately.”

3. Co-operative federalism in India:

There has been a felt need for a change from competitive to cooperative
relationship in the working of the federal constitutions. Cooperative federalism means that the
centre and state share a horizontal relationship and neither is above the other. This trend has
been promoted by three factors:
(1) The exigencies of war when for national survival, national efforts takes precedence
over fine points of Centre state division of powers;
(2) Technological advances means making of communication faster;
(3) The emergence of the concept of social welfare state in response to public demands
for various social services involving huge outlays which the government of the units
could not meet by themselves out of their own resources.

A number of constitutional and statutory bodies have been set up for promoting
Centre-State co-operation and co-ordination. A few of these are below:

1. “Inter State Council” to resolve the disputes among the states and between
the centre and States.
2. “Zonal Councils” to bring the states of a particular region in close conformity
with each other.
3. “River Board” to resolve river water disputes among states.
4. Planning and Finance Commission.
5. “National Development Council” to provide a mechanism to give sense of
participation to the states in the planning process.
6. “University Grants Commission”.

4. Co-operative federalism in other countries:

(i) United States of America: In the American federal system, there are
limitations on national government’s ability to carry out its policies
 through the executive branch of state government. So they have adopted
two methods for implementation of National policies and also to increase
participation in National policies. In the first, Congress creates a delivery
system for federal programs in which the national government
encourages local implementation of a federal program by providing
significant matching funds. Here, the motivation for State compliance is
that absent State compliance with federal conditions, the State loses
significant federal funding.
The second method of encouraging states to implement federal
programs is that Congress will take over the regulation of an activity at
the national level, unless the State itself implements its own program of
regulation meeting minimum federal standards. Here, the motivation for
State compliance is that absent state regulation, the State loses power
over the regulated area entirely.

(ii) Australia: Within the areas of Commonwealth power specified in

section 51 there are indicators of opportunities for cooperative
federalism in the exercise of legislative powers.
 Investing any court of the State with federal jurisdiction.
 Mandatory distribution of Commonwealth revenue to the States
which provides for the conditional financial grants from the
Commonwealth to the States supports the uniform income tax
scheme.
 States may surrender territory to the Commonwealth which is
again an essential co-operative exercise.
 Section 118 provides for full faith and credit to be given
throughout the Commonwealth to the laws, public Acts and
records and judicial proceedings of every State.
Besides these, there are many sections in the Australian constitution
that clearly describes the cooperative federalism structure.

5. Conclusion:
A cooperative relationship between the Centre and the States is need of
the hour. Without a cooperative relationship, it will not be possible to move ahead in
the present economic world. The various technological advancements, economic and
trade activities and external aggressions across the world call for a cooperative
relationship between the centre and the states in order to provide stability and security
in the country. The Sarkariya commission report has also emphasized on the creation of
 a strong centre sate relationship. Cooperative federalism is the means to achieving a
strong nation.
Thus, a cooperative relationship is developed by the creation of various
councils which work for the benefit of the states as well as the centre and also by giving
full credit to all the acts throughout the territory of India.

6. Bibliography:
 THE CONSTITUTION OF INDIA, 1950
 The constitution of United States, 1789
 Commonwealth of Australia Constitution, 1900