Federalism: The Republic Day is a reminder of the spirit of federalism – and why it is under strain

News: Drafters of the constitution made every possible provision for an equitable share of powers and responsibilities among different levels of government. But today, India is witnessing challenges in the federal system and institutions.

What provisions are provided in the constitution to ensure federalism?

7th Schedule of the constitution: The list divides the responsibilities between three tiers  Union, state and concurrent. Here, each level of government has its own sphere, enabling context-sensitive decision-making to them.

73rd and 74th amendment Act: It provided the institutions for local self-government, which helps in strengthening grassroots democracy.

Article 246 , Article 280, Article 263, Article 243 G are provided in the constitution to enrich the spirit of federalism.

Apart from these provisions, there are several consultative and deliberative bodies like the Planning Commission that worked for the different developmental requirements of states. The inter-state tribunals, the National Development Council and other informal bodies also served as vehicles of consultations between the Union, states and UTs.

How the spirit of federalism is withering away?

Several instances like scrapping of Planning Commission, meeting of the Inter-State Council only once in the last seven years, no meeting of National Development Council, Removal of Article 370 without consulting the state legislature, stripped autonomy of state under GST and making of indirect tax regime unitary in nature are some of the examples where country’s federal structure is in question.

Also, Parliament legislated on “agriculture”, entry no. 14 in the state list, to enact the three contentious farm laws is an example of overstepping its jurisdiction and imposing a law on the states. Suicide of students in Tamil Nadu over the discriminatory nature of the NEET examination, Extension of BSF jurisdiction in Assam, West Bengal and Punjab without any consultation with the concerned states, Rejection of the Republic Day tableaux of Kerala, Tamil Nadu and West Bengal by the Centre, Controversial post of governor are some of the examples which disregard the diversity of the country and contempt for constitutional values.

What is the way forward?

There is a need to understand that Article 1 of our Constitution declares that “India that is Bharat is a union of states”, and that devolution of powers is necessary for such a setting. So, there is a need to recognize the federal character of our polity to protect the national character.

Source: This post is based on the article “The Republic Day is a reminder of the spirit of federalism – and why it is under strain” published in the Indian Express on 21st January 2022.