Authored By: Varada Shankara K
Introduction
Federalism is a system of government in which power is constitutionallydividedbetween a central authority and regional or state governments. Eachlevel ofgovernment functions independently within its own jurisdiction, and onecannotinterfere with the functioning of the other. This ensures a balance of power andpromotes the equitable distribution of authority across different levelsofgovernance. Federalism is commonly found in countries with a written constitution, such as the United States and India.
In classical federal systems like the United States, citizens possess dualcitizenship—one at the federal level and another at the state level. However, India’s federal structure is unique. While it shares some similarities withtraditionalfederalism, it also has features of a unitary system. The Constitutionof Indiaclearly outlines the distribution of powers between the Centre andthestatesthrough the Union List, State List, and Concurrent List under the SeventhSchedule. These lists specify the subjects on which the central and state governmentscanlegislate independently or jointly. This unique blend of autonomyandcollaboration makes India’s federal system both flexible and dynamic.
Indian Type of Federalism: Cooperative Federalism
Cooperative federalism in India is a distinctive form of federalismwhere powerisdivided among the Central government, the State governments, andlocalgoverning bodies such as Panchayats and Municipalities. However, unliketheclassical or “pure” federal systems where the powers and jurisdictions of eachlevelof government are strictly demarcated and independent, India’s federal structureencourages close collaboration and interactions with among these levels.
In cooperative federalism, all layers of government work collectivelytosolvecommon problems, share responsibilities, and ensure effective administrationacross diverse regions and communities. India’s federalismmodel isaunique blend of centralization and decentralization. While the Constitutionprovides certain powers and authority exclusively to the Centre or the States, thereare numerous areas of overlap requiring active cooperation and coordination.
It is a dynamic system where the Union, States, and local governments constantlynegotiate their roles through dialogue, mutual respect, and constitutional provisionsdesigned to foster partnership. In essence, Indian federalismemphasizes working“together” rather than apart, ensuring unity without uniformity and allowingforflexibility in governance to address India’s vast diversity.
Key Constitutional Provisions
Although the term “cooperative federalism” is not explicitly stated anywhereintheIndian Constitution, the document provides several provisions such as,
- The Seventh Schedule: Distribution of Legislative Powers
Union List: Exclusive jurisdiction of Parliament (Central Government) formatters of national importance.
State List: Unique legislative powers reserved for State Governments.
Concurrent List: Subjects where both Centre and States canlegislate;however, central law prevails in case of conflict.
- Article 246: Legislative Competence
Specifies the authority of Parliament and State Legislatures to make lawsfortheir respective lists.
- Article 263: Inter-State Council
Provides for the creation of an Inter-State Council—a platformfor dialogue, policy coordination, and dispute resolution between the Centre andStates.
- Article 280: Finance Commission
Mandates the establishment of a Finance Commission every five years.
Cooperative Federalism in India: Myth or Reality?
Despite the federal structure, India is often called a “federal with a strongunitarybias” system. This is because the Central Government enjoys more importanceandpowers, particularly in crucial situations.
Why considered as Myth
Article 352: On proclamation of National Emergency, the authorityof theCentral Government expands greatly, and Parliament acquires the powertolegislate on all subjects.
Article 356: President’s Rule allows the Centre to take direct control of statemachinery when constitutional machinery breaks down in a state.
Article 360: Financial Emergency enables the Centre to control the financesof states, potentially suspending their financial autonomy.
Article 257: Control of the Union Over States in Certain Cases
Article 249: Rajya Sabha can authorize Parliament to legislate onStateListmatters if national interest demands.
Concurrent List: In cases of conflict between Centre and States, Central lawprevails on concurrent subjects.
Arguments for Reality
Cooperative federalism is undeniably a reality in India, deeply wovenintothe country’s constitutional and administrative framework. The remarkablegrowth and position of India as the world’s fifth largest economycanbelargely attributed to the ongoing cooperation between the Central andState governments a necessity in managing such a vast and diverse democracy.
The constitutional scheme creates forums and mechanisms for cooperation, such as the Inter-State Council, NITI Aayog, GST Council, andFinanceCommission. Successful examples exist—like the GST Council, wherebothCentre and States negotiate tax policy.
Arguments for Myth
However, there are situations especially during emergencies or policydisputes when this cooperation appears more myth than fact, as the Centre’sconstitutional powers overshadow state autonomy. This central dominance, often criticized, is not a denial of state powers but a deliberate constitutionaldesign.
During emergencies, federalism is virtually suspended, and all powersconcentrate with the Centre, rendering states powerless.
The predominance of parliament in amending laws or making legislations, even for matters in the Concurrent or even State List (incertaincircumstances), signals unitary tendencies.
Conclusion
In sum, India’s cooperative federalism is both an achievement and anongoingprocess. It may not yet be perfect—true parity between Centre and States is elusive, and the balance regularly shifts depending on political, economic, andsocialpressures. But for a country as unique and plural as India, this blend of sharedandcentralized powers is both practical and essential. The strength of Indianfederalismlies in its adaptability and cooperation is the foundation, central authorityprovidesthe safety net, and together they propel the nation forward.
Reference(S):
- Cooperative Federalism in India – Constitutional Articles &Institutions2. NITI Aayog as a Platform for Cooperative Federalism3. Finance Commission (Article 280)
- Inter-State Council (Article 263)
- BYJU’S & Sleepy Classes primers
- Drishti Judiciary overviews
