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The recent SC verdict on abrogation of Art 370 (Special provision with respect to J&K) has highlighted the nature of asymmetric federalism existing in India. The proponents of Art 370 argued that the provision was a part of the asymmetric federalism envisaged by our constitutional forefathers.
What is Asymmetric Federalism? What are the Relevant Constitutional Provisions?
Federalism- Federalism is a system of government in which powers have been divided between the centre and its constituent parts such as states or provinces
Asymmetric Federalism- Asymmetric federalism is based on unequal powers and relationships in political, administrative, and fiscal arrangement spheres between the federal units constituting a federation.
Asymmetric federalism can be both vertical (between centre and states) and horizontal (among the states). It is promoted by the various constitutional provisions and conventions practised in the federation.
Types of Asymmetric Federalism with Constitutional Provisions
| Vertical Asymmetry (Centre and States) | Horizontal Asymmetry (Between States/UT’s) | Fiscal Asymmetry |
| Article 3- The Centre can unilaterally alter the state names and boundaries. Article 352 & 356- Provisions related to imposition of National Emergency and President’s rule. Article 248- Residuary powers of legislation rests with the parliament. Single citizenship- In India, only single citizenship is available to citizens. They cannot be citizens of the state as well. Governor’s appointment- The governor of a state acts as the Centre’s representative in the state. | Art 371-371J- Special position, powers, and protection enjoyed by some states. Schedule 5- The administration and control of tribal areas in 10 states other than Assam, Meghalaya, Tripura, and Mizoram. Schedule 6- The administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram. Article 239AA- Delhi has a unique status among the UTs by having a state legislature. | Vertical asymmetry- As per the recommendations of the 15th FC, the share of states in the central taxes for the 2021-26 period is recommended to be 41%. Devolution among states (Horizontal asymmetry)- Criteria like income distance, demographic performance, forest and ecology, etc., are used for differential devolution among the states. Centrally sponsored schemes (CSS)- For special category status states, the Centre pays 90% of the funds required in a CSS, as against 60% in the case of normal category states. |
What is the Significance of Asymmetric Federalism in India?
1. Securing rights- Asymmetric Federalism helps in protecting fundamental rights and compensates for initial inequalities in the social system.
2. Ensuring Internal security- The border states of India have been given larger autonomy for management of Internal security by ensuring administrative convenience. For ex- Inner line permit.
3. Accommodation and integration- Asymmetrical federalism allows for self-rule within the framework of shared rule, and it follows the principle of weighted and differentiated equality.
4. Protection of minorities- Asymmetrical federalism ensures that minorities are not marginalised by giving more power and autonomy to regions where certain minority groups are concentrated.
5. Addressing State-specific issues- Asymmetrical federalism ensures that the state-specific issues are given the attention and resources they need.
6. Strengthening Federalism- Asymmetric Federalism strengthens federalism by ensuring decentralisation of power and decision-making as per requirements of the federal units.
| Read More- Special provisions to other states |
What are the Challenges with the Asymmetric Federalism in India?
1. Promotes Regionalism and separatism- Special statuses sow seeds of regionalism and separatism and it impacts ‘national integration.’
2. Unequal Distribution of Powers- Asymmetric federalism creates imbalances in decision-making and resource-allocation, leading to perceptions of favouritism and discrimination.
3. Varying levels of cultural and linguistic protections- There is difference in the level of cultural and linguistic protections granted by the application of asymmetric federal principles. This leads to disparities in the promotion and protection of cultural and linguistic protections.
4. Financial arrangements- Some regions benefit from preferential funding or fiscal arrangements, while others may receive fewer resources, resulting in economic disparities and regional imbalances.
5. Selective application based on political considerations- The application of these asymmetric federal principles may be influenced by political factors, resulting in inconsistent treatment.
Conclusion
India’s founding fathers recognized the need for a salad bowl approach to governance, which recognizes the distinctive cultural differences in the country and permits self-rule within the scheme of a shared rule. This led to the unique governance model of India, as highlighted by the asymmetric federalism.
However, due to political considerations and in the name of greater autonomy, these special provisions are being misused, leading to dissatisfaction among the constituent units. Our aim must be to protect these principles, which would in turn strengthen our federation.
| Read More- The Hindu UPSC Syllabus- GS 2- Federalism |
