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RD Ma'am Federalism Assignment
RD Ma'am Federalism Assignment
Class: IR PG-I
Roll No: 002100702019
Semester: I
Institution: Jadavpur
University
Core Paper: Politics in India
Home Assignment-I
Topic: - Critical Analyses of
Changing Nature of Federalism In
India
Federalism is an instrument through which democracy gets implemented upon a Republic. Under aegis
of GoI Act,1935 & Cabinet Mission Plan, Constituent Assembly, framed Independent India’s
constitution starting 1946, ending in 26th January,1950. With “division of hearts”1 constitution
proclaimed “Bharat” as congregation of “Union of States & Territories”2, but the word “federation”
stayed absent due to looming fears of secession. While Ambedkar & Nehru favoured unitary features,
Patel envisioned strong, robust federal setup for future generations. A reformed Westminster model with
strong Canadian unitary features pushed India for “quasi-federalism” .
Elitist Linguistic Policy : Nehru portrayed federal zeal via official language policy. He didn’t
impose Hindi as only official language due to lurking fears of Dravidian Movement creating
rifts between Centre & Non-Hindi speaking states. English was decided to stay as associate
lingua-franca of India. But Ambedkar criticized this move as authoritarian imposition of
colonial language as official medium among bureaucrats who’re going to frame policies for
newly independent mass with overall literacy rate of 12%(Oxfam India). Voices were stifled
of a populace who couldn’t even write their vernaculars.
1
Amrita Pritam described “Partition” in her poem Today I Call Waris Shah.
2
First Schedule, Indian Constitution, Art 1(1); 1(2).
3
INC-Karachi Session,1931.
4
Seventh Schedule, distinguishing legislative powers of Centre-states in Union, States & Concurrent List.
5
INC Nagpur Session,1920.
6
In interim period Telegu speaking areas of old Madras province demanded separate Andhra state aka Vishalandhra movement. Veteran
Gandhian-Congress leader Potti Sriramulu’s death after 56 days indefinite fast triggered violent unrests in Andhra.
7
State Reorganization Commission(1953) was estd. to redraw state boundaries along linguistic lines in SRC Report(1955) pushing forward a
State Reorganization Act,1956. Five Regional Zonal Councils assisted SRC.
HighCommand Hegemony & Controlling “Internal factionalism” of an Umbrella : INC
dominated Centre as well as states. During 3 general elections of 1952,1957 & 1962 INC
returned to power in almost all states while in rest it was the single largest party. Centre was
further rejuvenated by Nehru’s charismatic leadership. As Rajni Kothari chronicles CMs &
Ministers were cherry-picked by Nehru & Party High Command & former couldn’t assert
themselves. Even candidatures to state legislative elections were decided by same. In states,
INC had factions & in many cases they were wrongfully encouraged by central leadership to
deny CMs strength. This subordination of state governments into “play marbles” before
Centre, culminated in 1963 “Kamraj Plan8”. Nehru as constitutional patriarch always
intervened in work of CMs with periodic administrative guidance & political direction.
October 1962 Sino invasion of Aksai-Chin & NEFA shattered Nehru emotionally.
Nehruvian regime hit rock bottom in Chinese ceasefire with humiliating defeat, top
army commanders & members of cabinet resigning. Opposition issued
8
In 1963, 6 CMs & unwanted INC Cabinet ministers were dethroned.
9
Patiala & Eastern Punjab States Union.
10
1st, 2nd & 3rd FYPs failure forced Nehru to call “plan holidays” followed by three Annual Plans with 4 th FYP coming only in 1969. Impetus for
agro-production, heavy industries, multipurpose projects & mixed economic model with public-private undertak8ngs had half-hearted ambitions.
Even fruits of such labour were unequally distributed.
no-confidence against him. He was bulldozed for his naive assessment of Chinese
intentions & zero military preparedness. Ignorance & postponing reorganization of
NEFA & Ladakh cost him dearly with major defeats in by-elections. Thus he
leaving for heavenly abode left Gulzarilal Nanda as acting PM for 13 days before
Shastri took baton.
Shastri’s brief 2 year stint got embroiled in war with Pak provocations, resulting in
latter’s defeat. But Indian economic downturn deepened with food shortages11. Hence
rallying Indian masses for skipping meals under slogan- “Jai Jawan, Jai Kisan”
aggravated problems . White & Green revolution took foundational steps under him.
Even he couldn’t resist invoking Art 356 twice. After his untimely demise with
Nanda as acting PM, stage was set for fierce competition of inheritance between
Morarji Desai & Mrs. Gandhi.
II. Indira Regime I: Prediction of “Gungi Guria” gone fatally wrong (1967-77)
Kingmaker Kamraj & elders of Congress Syndicate gave baton to perceivable timid Indira
Gandhi in being PM & head of Parliamentary party. This era of “hyper-centralization” of powers
reduced states into meagre “provincial units” with President’s rule imposed 50 times in both
regimes.
Electoral misdeeds : Political inexperience with rampant food shortages, poverty, inequality,
communal & regional division denied her grasp over government & party. Fourth General
elections(1967) without Nehru culminated into “political earthquake” in nine key states;
lowest tally of seats with thin majority in Parliament. Post-1969 split Mrs. Gandhi with left
parties “engineered defections12” & invoked Art 356.
Overconfidence & Ignoring state's voices : After ’71 Indo-Pak War Mrs. Gandhi swept polls
with thumping majority but 1967-71 marked peak Union-state conflict. Over-centralization of
power pushed states to demand autonomy. Facing tensions, Centre appointed 1st ARC,1969
to reassess centre-state dynamics. But as usual it made no recommendations for reform since
it felt present dynamics were harmonious but not same with role of Governors & financial
shares. After noncompliance of ARC, dejected states like Tamil Nadu appointed its
Rajamannar Committee(1969) which after 2 years demanded readjustment of VII schedule
& residuary powers. Even new CPI(M) government via its West Bengal Memorandum voiced
for replacing the word “Union” in constitution with “Federation”. Alkalis in 1970s via
Anandpur Sahib Resolution demanded greater state autonomy of Punjab with central
authority confined only to defence, Foreign relations, Communication, Railways & Currency.
In 1971 opposition party BJD was denied to form ministry with President’s rule. DMK 1976
ministry was wrongfully dismissed with Art 356 on charges of being corrupt. The article was
used only to prevent regional forces from filling vacuum created by weakening INC party.
Vertical & Horizontal Fiscal Imbalances : Despite popular announcements of Ten &
Twenty Point Programmes13,4th & 5th FYPs vertical imbalances (relative ability to raise
revenues vis-a-vis expenditures) across governments turned acute because union taxation
11
India got hit with worst famines between 1965-67, triggering Union government to import US Food Aid via Op.PL480.
12
To deny breathing space, in Rajasthan, Kerala, West Bengal & Tripura Non-Congress United Front governments were ousted via Art 356.
13
Programmes involved Garibi Hatao; devaluation of INR-USD; nationalisation of General Insurance-14 Banks; urban property, land &
income ceiling; Abolition of Privy Purse; PDS of food grains via newly acquired FCI silos; PM Awas Yojana; employment generation etc.
powers are overwhelming as compared to states. Union taxed corporate income, personal
income, foreign trade, manufacture sectors & mineral resources. But states are less capable of
raising taxes on land, sales & other local property taxes. Horizontal imbalance referred
ability of states to raise revenue for meeting their expenditures. The ratio between highest &
lowest per capita income remains 5:1. Ironically, poorest States with large populace,
compounded problem of horizontal equalisation. Article 280 with Finance Commission tried
to ease fiscal pressure but failed.
Critiquing One Big Mistake...Emergency(1975-77) : Tracing prelude to Emergency
declaration & historical events are insignificant but analyses Shah Commission Report post
event open dimensions.
Censorship : On the night of 25th June, 1975 with hundreds of agitating farmers,
railway workers & politicians detained, electricity to major newspaper offices were
cut. For next two years newspapers were asked to get prior approval for all material
to be published. Indian Express, TOI & Statesman protested by leaving blank spaces
where items had been censored. Eminent civil society members & Padma awardees
returned their awards in protest.
Preventive Detention to stifle voices : People arrested under Preventive Detention,
infamous MISA, AFSPA & UAPA couldn’t appeal to SC & HCs for basic
Fundamental Right to Life & constitutional remedies (habeas corpus). Pan-Indian
custodial deaths were reported while Home Ministry reports revealed that it didn’t
have any concern about national law & order during Emergency. While giving
judicial testimonies, Madam Gandhi cunningly claimed that Emergency was declared
because she felt extra-judicial movements & subversive forces were derailing her
government.
Human Rights atrocities : Atrocities were meted out under Sanjay Gandhi’s order
who despite being an official person, took control of the administration. Torture,
custodial deaths, forced relocation of poor people, forced sterilization & Demolition
of jhuggi-jhopris (Turkman Gate massacre) ensued across Northern, Central &
Western states. Policy “Garibi Hatao” soon became “Garib Hatao”.
Third, Mandir controversy tarnished our secular federal model. INC's inability to prevent
1992 destruction of mosque at Ajodhya sparked religious controversy. The incident helped
BJP, which had supported construction of Hindu temple at Ajodhya. Gujarat pogrom (2002)
proved difficult to contain. Opponents hoped this backlash against BJP state government
would help in Gujarat 2002 elections. But it didn’t as BJP won resounding victory. Later in
five state legislative assembly elections held during 2002-2003, BJP got punished.
Fourth, balance of payments crisis of 1991, followed the collapse of National Front. A new
INC government took office. It had no choice but to embark on "liberalization." While
progress was slow, the psychological impact of switch from socialist to market economy was
profound. Bankruptcy of many PSUs became apparent. Slowly emerged a consensus on the
16
Rajiv-Longolwal Accord promised normalcy in Punjab with- transfer of Chandigarh, separate commission to resolve Punjab-Haryana Border
dispute; sharing of Ravi-Beas water among Rajasthan, Punjab & Haryana. Mizo National Front & Naga National Council had peaceful
negotiations with Mizoram & Arunachal got statehood(1987). Even LTTE issue in Tamil Nadu was resolved with deployment of IPKF.
17
Rajiv’s PM to DM policy seriously undermined every level of federal constitutional bodies of Governor, CMs, state cabinet ministers,
municipalities in between.
18
He advocated for Panchayati Bill 1986 also paving way for 2nd ARC.
need for gradual privatization of much of India's vast public sector, barring national Defence
undertakings.
NDA I & UPA I & II marked a stable phase of coalition politics at national level from 1999 to 2014.Some
positive manifestations in three major Policy and institutional changes that took place during this period:-
Financial Autonomy
First, the economic reforms that ushered in an era of liberalisation facilitated the
dismantling Of the ill-famed license, permit and quota raj in India. Economic
interactions through FTA-SEZs ,FDIs, MNREGA schemes targeted poor masses
Judicial Safeguard
Right to Information , Right to Food & Right to Education(2005) were sunshine laws
aimed to remove transparency & increase accountability via biometric digital
mediums. It was called the “Post Anna Hazare Decade”.
Political Setbacks
Despite centralising tendencies, BJP has been facing setbacks in state elections since 2017.
To oppose BJP's hegemony- regionalist parties like DMK, BJD & TMC20 which have strong
appeal based on sub-nationalism & cultural identity like ones in Tamil Nadu, Orissa & West
Bengal, have successfully thrashed BJP in their respective regional turfs. In Punjab,
Rajasthan, Haryana or Chhattisgarh, INC won state elections by relying heavily on regional
leaders & addressing regional concerns. This reveals a limited form of ‘de-nationalised’ party
system even under a dominant national party. Main political opposition against proposal of
implementing NRC, came from regional forces. Most of the state governments ruled by INC
or regional parties, including ones being ruled by BJP’s own political allies, opposed it.
Modi 2.0
Some snippets of this phase are:-
The government criminalised ‘triple talaaq’. SC’s verdict granting disputed Babri
Masjid site in Ayodhya to those wishing to construct a Hindu temple & passage of
CAA, ignited a storm of protests, culminating in Delhi riots. The Covid outbreak
offered BJP breathing space –an opportunity to pause nationwide unrest on
CAA/NRC, and reset India to communal polarisation. It gave the Modi a gold-plated
19
Due to Model Code of Conduct.
20
Led successfully by MK Stalin, Naveen Pattanaik & Mamata Banerjee respectively.
excuse for its colossal economic failures, with record levels of unemployment well
before Covid. BJP handling the pandemic – lacked planning & marred the
lockdown, human disaster of migrant workers, & deceptive stimulus package – has
stumbled. There’s no doubt- Modi remains immensely popular personally & comes
as a decisive, no-nonsense leader, willing to break traditions & attempt bold solutions
to national problems. The reality that many out-of the-box solutions he has attempted
have done more harm than good. His demonetisation of 86 percent of India’s
currency in 2016 gave disastrous blow to Indian economy, costing millions of jobs.
His abrogation of Art 370 was undertaken while locking down India, arresting
political leaders & denying its population telephone & internet connections.
Citizens are now thriving in aggressive nationalism that extols every Indian
achievement, real or imagined, and brooks no dissent – the mildest disagreement or
protest is promptly labelled ‘anti-national’ or even ‘seditious’ under UAPA. Every
independent institution has been hollowed out: while this is less surprising of tax
authorities, financial investigative agencies and law enforcement & intelligence-
gathering machinery of union, even autonomous bodies like Election Commission &
judiciary have not been exempted from such concerns.
Conclusion
Indian polity incurs strength dually from Union & state governments asserting their independence in
different political contexts. Diverse regional aspirations relentlessly asserted themselves across 75
years, resulting in decentralisation of India- to maintain proper balance between six pillars of
federalism: autonomy of states, national integration, centralisation, decentralisation, nationalisation &
regionalisation. But extreme political centralisation or chaotic political decentralisation under Modi
regime has completely eroded cooperative federalism. Controlling these extremes are challenging, or
else more militancy may rise in “disturbed areas”. “Second Dominant party” system presently, is
slowly descending into violence & chaos under garb of Hindu Nationalism derailing democratic
federal channels leading to “Demo-autocracy”.
Contentious role of governors in suppressing states for Centre’s interest needs reassessment. Proper
utilisation of Inter-state Council must be ensured to develop Centre-state political goodwill on
contentious policy issues. Gradual widening of states fiscal autonomy has to be legally guaranteed.
Electoral reforms should facilitate more competitive political contest between national & regional
political forces. Unless, fourth level of Indian federalism i.e. local self-governments, get fully
empowered, efforts to strengthen federal discourse will fail. Unlike populist-authoritarian regimes, the
biggest strength of federal democracies are that they admit mistakes & duly rectify them in their
journey for better a skeletal structure. Despite all their tussles, Union government & state’s mutual
need for survival is what makes federal democracies vibrant. A few days back International
Democracy Day was celebrated which resonates deeply with BJP apologizing & retracting farm laws
once again affirming “We the People” constitute India’s federalism. ................(PTO)
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