An idea called Federalism in India

States are upset that in many matters, Centre is not respecting the constitutional boundary of federalism.

 An idea called Federalism in India

---

Read more on - Polity | Economy | Schemes | S&T | Environment

---

• The story: It has become increasingly common to witness state governments object to the Centre's interference in matters considered pure state subjects. Central unilateralism in the enactment of laws on subjects in the Concurrent List create problems.
• Recent contentions: The Parliament passed the farm laws without adequately consulting the States, even as the Centre does not have significant and uncontested legislative competence to deal with agriculture. The laws are related to Entry 14 (agriculture clause) belonging to the State List, but were passed by Parliament citing Entry 33 (trade and commerce clause) in the Concurrent List.

1. State of Bombay vs F.N. Balsara case - If an enactment falls within one of the matters assigned to the State List and reconciliation is not possible with any entry in the Concurrent or Union List after employing the doctrine of “pith and substance”, the legislative domain of the State Legislature must prevail.

• Two more examples: States are upset with the Ports and Electricity issues, too.

1. Legislation of non-major ports is in Entry 31 of the Concurrent List. According to the Indian Ports Act, 1908, which presently governs the non-major ports, the power to regulate and control the minor ports remained with the State governments. But the new draft Indian Ports Bill, 2021, proposes to transfer the powers to the Maritime State Development Council, which is controlled by the Union.
2. Electricity is traceable to Entry 38 of the Concurrent List. The power to regulate the sector was vested with the State Electricity Regulatory Commissions. But the proposed amendment seeks to establish a National Selection Committee, taking away the states’ power to regulate the electricity sector.

• Reaction: All these have led to various reactions. Farmers have been protesting against the new reforms, with some states passing resolutions in their Assembly in support of farmers. The Kerala Assembly unanimously passed a resolution against the Electricity (Amendment) Bill, 2020. The Tamil Nadu Assembly passed a resolution against the farm laws. Major Ports Authorities Act, 2021 passed by Parliament was opposed by Goa (ruled by the same party), stating that it would lead to the redundancy of the local laws. The Union government’s increasing take-over of the Concurrent affects the balance of the Constitution.
• Ideal route ahead: As per the Sarkaria Commission, there should be a “coordination of policy and action in all areas of concurrent or overlapping jurisdiction through a process of mutual consultation and cooperation is, therefore, a prerequisite of smooth and harmonious working of the dual system”. The Union government, while exercising powers under the Concurrent List, must limit itself to the purpose of ensuring uniformity in basic issues of national policy and not more.

1. As per the Venkatachaliah Commission, individual and collective consultation with the States should be undertaken through the Inter-State Council established under Article 263 of the Constitution.
2. S.R. Bommai vs Union of India - It was held that States are not mere appendages of the Union. The essence of cooperative federalism lies in consultation and dialogue.

• Tendency to centralise: States have alleged from time to time that the Central government has an overriding tendency to centralise powers in itself. The raising of fuel taxes, and not sharing of cesses with states, is cited to support the argument. Also, the setting up of a Ministry of Cooperation, and giving its charge to the powerful Home Minister, is seen as a potential encroachment in a subject (Cooperatives) that is dear to state politicians.
• EXAM QUESTIONS: (1) Explain how a positive spirit of federalism is essential to maintaining cordial centre-state relations in India. (2) List five areas where friction has been created in recent years, due to states alleging Central encroachment in their domains.

Read more on - Polity | Economy | Schemes | S&T | Environment

#federalism #centralisation #cooperation #electricity #farmlaws #portbill

Join UPSC Self Prep course | Online Course (PT Gurukul)  | Covid Special Course | Join PT courses

* Content sourced from free internet sources (publications, PIB site, international sites, etc.). Take your own subscriptions. Copyrights acknowledged.