Federalism, a cornerstone of India’s governance, is both a legal structure and a dynamic principle that evolves with the nation’s challenges.
Rooted in the Constitution, it balances unity with diversity and empowers states while maintaining a strong central authority.
This article delves into the historical development of Indian federalism, its unique features, and the modern challenges it faces in a rapidly changing world.
The Constitution And Federalism: A Framework For Dialogue
The Indian Constitution envisions federalism not merely as a structural arrangement but as a platform for ongoing conversations about governance and power-sharing.
These “constitutional conversations” shape the doctrine of law and influence every citizen, making federalism a living and adaptable system.
Federalism as a Political Choice
The framers of the Constitution made a deliberate choice to adopt federalism, dividing power between the Union and the states. This model sought to reconcile the need for national integration with the demands for local autonomy.
However, it leaned toward centralization, reflecting the historical context of partition and perceived secessionist threats.
Historical Context: Roots Of Indian Federalism
Pre-Independence Influences
Federalism in India emerged during British rule, particularly through the Government of India Act, 1919, which initiated the process of provincial autonomy.
By the time of independence, federalism had become inevitable due to administrative needs, linguistic diversity, and regional aspirations.
Post-Independence Model
While the framers initially envisioned a decentralized federal structure, they opted for a more centralized model to ensure national unity. Dr. B.R. Ambedkar emphasized the use of the term “Union” to signify the indestructible nature of the Indian state.
Despite this, some members of the Constituent Assembly criticized the centralizing tendencies, arguing that the model lacked the autonomy seen in federal systems like the United States.
Types of Federalism: Identity And Efficiency
Federalism serves two key purposes:
- Identity Federalism: Protects the cultural, linguistic, and regional distinctiveness of communities. Provisions like Article 371B (for Assam) and Article 371J (for Karnataka) highlight this aspect by ensuring special governance structures for certain regions.
- Efficiency Federalism: Focuses on improving governance and representation. For example, the reservation of 50% seats for women in Panchayati Raj institutions has empowered rural women, contrasting with the low representation of women at the national level.
Asymmetric Federalism: A Unique Indian Feature
Indian federalism is characterized by its asymmetric nature, recognizing that states cannot be treated uniformly. This approach allows for unique relationships between the Union and individual states based on historical and cultural considerations.
The Constitution categorizes federal units into states, union territories with legislatures, and union territories without legislatures, with provisions like Article 371 granting special autonomy to specific regions.
Cooperative Federalism And Friction
- Collaboration For Common Goals: Cooperative federalism emphasizes collaboration between the Union and states to address shared challenges. This principle is evident in initiatives like climate governance, where both levels of government work together to tackle environmental issues.
- The Role of Friction: While cooperation is ideal, friction between the Union and states is a natural aspect of federalism. Such conflicts can drive critical dialogue, ensuring that both entities remain accountable and responsive.
Judicial Interpretations Of Federalism
The judiciary has significantly shaped Indian federalism, with its interpretations evolving over time:
- Centripetal Era: Early judgments favored centralization, concentrating power with the Union.
- Centrifugal Era: Landmark cases like SR Bommai v. Union of India marked a shift toward strengthening state autonomy, emphasizing that states are not mere appendages of the Union.
Recent rulings have further clarified federal principles. For example, the Court held that governors cannot indefinitely withhold assent to state legislation, as this would undermine representative governance and federal values.
Federalism And Modern Challenges
- Addressing New Realities: The 21st century presents challenges like climate change, cybercrime, and artificial intelligence, which transcend traditional state and Union boundaries. These issues demand a rethinking of federalism, emphasizing collaboration and adaptability.
- Climate Governance: Climate governance is a prime example of cooperative federalism in action. Matters related to climate change are distributed across the Union, State, and Concurrent Lists of the Constitution. States like Maharashtra have established climate bodies to complement central efforts, reflecting a nuanced approach to shared responsibilities.
- Cybersecurity and Technology: The rise of cybercrime and artificial intelligence poses new governance challenges. States with high digital transactions are more vulnerable to cyberattacks, necessitating coordinated efforts between the Union and states to address these risks effectively.
Federalism’s Future: Balancing Tradition And Transformation
The Indian Constitution, designed as a transformative document, must continue to evolve. As the nation confronts modern challenges, federalism must adapt to foster democracy, equality, and collaborative problem-solving.
India’s federal model, though rooted in a historical context, has proven resilient and adaptable. Its future lies in its ability to address emerging issues while maintaining the delicate balance between state autonomy and central authority.
The true test of federalism will be its capacity to uphold constitutional ideals of liberty, equality, and fraternity in a rapidly changing world.
Source: CJI D Y Chandrachud: Indian federalism is a dialogue (The Indian Express)