Asymmetric Federalism: Why many states in India enjoy special provisions

Source: The post is based on the article “Beyond Jammu and Kashmir: Why many states in India enjoy special provisions” published in “Indian Express” on 15th December 2023

Why in the News?

India’s Constitution is tilted towards the Centre. But certain states enjoy special provisions in the Constitution.

What is India’s Governance Structure?

1) India’s governance structure is quasi-federal, meaning it is a mix of unitary and federal systems. Power distribution leans towards the Centre but states still have varying levels of autonomy.

2) But even in this quasi federal setup, not all states are equal. Some states have special status depending upon factors such as fiscal, political and administrative.

3) However, there is a debate about whether this asymmetry federalism fosters regionalism and separatism affecting national unity.

What are the Special Provisions several states enjoy in the Constitution?

1) Article 370: It gave special status to Jammu and Kashmir. However, in 2019, the Parliament passed the Constitution (Application to Jammu and Kashmir) Order, 2019.The order effectively abrogates the special status accorded to Jammu and Kashmir under the provision of Article 370

2) Article 371: Article 371 till Article 371J is contained in Part XXI of the Constitution. It grants some temporary, transition and special provisions to some states in India. 

Some of its features includes –
a. Setting up of developmental boards for regions– For example, vidarbha and Marathwada in Maharashtra, Kutchh in Gujarat, Hyderabad-Karnataka region.
b. Special responsibility of Governor– For example, in Arunachal Pradesh, the governor has special responsibility towards law and order.
c. Application of Acts of Parliament on certain matters- Acts of Parliament on matters such as religious/social practices, customary law, transfer of land & resources, etc would not apply to the states of Nagaland and Mizoram unless the state Assembly decides to do so.

3) Article 239AA: It was added by 69th Constitutional Amendment Act, 1991. It prescribes for a unique arrangement for the administration of the National Capital Territory of Delhi. It is not a state under the First Schedule to the Constitution yet has the powers to legislate upon subjects in the state and concurrent lists in the Seventh Schedule.

What is Asymmetric Federalism?

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