SANSHODHAN : 2020 - 21 (VOL.NO. 10) ISSN 2249-8567 UNDERSTANDING THE CONCEPT OF COOPERATIVE FEDERALISM IN THE CONTEMPORARY CONTEXT

Dr. Pravin Bhagdikar

Introduction: Center and the States and the third is the The Indian Constitution adopted a principle of disintegration of the federal system. parliamentary system at the central and state The influence of the Indian partisan system on levels. In the parliamentary system, elections are the federal system can be examined in the above held at the central level for the and at context. the state level for the Legislative Assembly. In By 1967, Nehru's personality had elections, a hung Lok Sabha or Vidhan Sabha is dominated the at the Center and in the formed when one party does not get a majority. states. The federal system seems to be affected From then on, the process of forming a front by the monopoly power of the Congress. Dr. between the political party and the party According to Fulchand, "'s federal structure leadership begins. After the formation of the looked like an integrated structure. Although the alliance, the President or the Governor is Center could not impose its will on the states informed about it by the leaders of the alliance. A through the constitution, it was imposing its will coalition government is formed under the through partisan means. India, which was leadership of the Prime Minister at the Center theoretically federal, was an integrated system in and the Chief Minister in the State. A coalition is practice."1 a form of government in which at least two He had a majority in Parliament and the parties come together to govern. The United State Legislature during the Congress rule. Since Front government is an amalgamation of the national movement, the organization of the political community and political power that is Congress has remained central. The Pradesh temporary and for a specific purpose. Congress was under the influence of the All India From the point of view of Indian Committee, the All India Committee under the Unionism, the period 1967 to 1989 as well as influence of the Central Executive and the 1989 to 2010 is important to examine the impact Central Executive under the influence of of the Commonwealth system and partisan Shrestha. Not only policies and decisions but system on Indian Unionism. The partisan system also the tendency to take decisions regarding the performed three types of functions in the team Chief Minister and Ministers of the state system. The first is the means of co-ordinating increased. From the selection of candidates in between the Center and the States, the second is the elections to the resolution of the principle of creating tension between the differences and partisan issues and the

H.o.D. & Associate Professor, Department of Political Science Annasaheb Gundewar College, Nagpur Email: [email protected] | Mob: 9420250242

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application of discipline, the interference of the the coming of a joint government. The post- elites increased. The tendency towards election front is the front of those who came centralization in the Indian federal structure was together to establish power after the election. due to the centralist attitude in the party Lead in the legislature is a group that has come structure, especially the 'high command' culture together to oppose or support a policy or law. in the Congress party. What is the Congress party Executive Front or Governing Front in which the really doing on the basis of the "democratic parties participate in the distribution of power. centralization" of the Communist Party where Ultimately, the ruling alliance, which is India's the flow of power is from the top to the bottom?"2 contribution to the concept of 'alliance', has both The long period of unilateral domination the advantage of being with the ruling party. of the ninth general election in 1989 marked the The main focus of the issue is not the lead end of the era of multilateral-minority rule and of national parties at the national level but the coalition rule at the national level. The period lead of national and state parties at the national after 1989 is considered to be an important level. From 1969 to 1977 the Multilateral Front period in the Indian federal system. The term was experimented with. The Congress also came 'lead' or 'joint' is mainly used to refer to the to power in the state in alliance with other amalgamation or aggregation of different parties. But it did not have an impact on national elements (in this case the term 'lead' or 'joint' is politics as the Congress party always got a used in reference to multilateral governance). majority in Parliament. But not all of these fronts Such aggregation is limited to either a joint were really federal fronts. Janata Paksha is the action or a goal. Such a goal is limited to either a amalgamation of different parties into one party. collective goal or a fear. Attempts are made to So it was not in the form of a federal front. recognize this objective through joint action The Federal Front is a rather than individual action. This action is front with a regional perspective in which the temporary and for a limited period of time. The parties try to preserve their identity and maintain 3 constituent parties in the alliance do not abandon diversity. This kind of diversity was lost in the their line, principles or ideas as well as outside 's alliance and internal strife led to the alliance but the behavior of these constituent the party's decline. parties is different. The basic tenet of the federal front The politics of the front in which the pre- revolves around the central-state relationship, election front, the late front, the parliamentary which embraces diversity. A federal alliance is front, the executive front as well as the ruling one that incorporates federal elements into the front have been studied. Electoral lead is an national decision-making process through agreement between the parties that seeks to political parties. The monopoly of the Center is divide votes among themselves. The inter- now a partnership between the Center and the election lead is the lead made during the election. States. This is an important change in the federal It seeks to oppose the establishment of power or system and in the perspective of Center-State

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relations. centralization increased at both the government A multi-tiered federation is built on the and the party level. As a result, opposition to the important characteristics of 'self-government Congress prevailed in all the regional parties. plus co-governance'.4 The division of power is The Union-State relations underwent created in such a way that the pendulum of power major changes in the late 1980s. The Center was is not leaning towards the constituent states and limited to treating the states as secondary. Until not towards the federal government. This kind of then, the federations have played an important real situation is not found in reality but it is an role in the Indian decision-making system. ideal situation. The Union-State Equilibrium in Therefore, the formation of constituent states at the Indian Union is especially evident in the the national level became an important feature of post-1989 period. In which the central the federation. From the beginning of this government is influential and the state is acting decade, we have seen how multilateral as a participant. The Center-State conflict governments at the national level have brought became more egalitarian and respectful. about change at the federal level. This Constitutionally, the central government transitional state in the federation not only led to in India is more powerful than the states and the the rise of neo-federalism but also affected the nature of the central government's relationship entire political process. with the constituent states is unchangeable. The There are also some helpful explanations Indian Federation is created in a special for the change in the Indian Union. The situation. In which more emphasis has been laid economic reform program that was implemented on the unity and solidarity of the nation. This in 1990 gave the constituent states a major boost gave more importance to the centralization of the in economic reforms. federal system with the objective of controlling Contemporary Federalism and Centre-State the constituent states and creating an element of relation nation building.5 Previously Prime Minister Modi said he This pattern of control of power took a hit envisioned different states competing with each after 1967. After seeing that their demands were other in promoting governance initiatives, in a 7 not being answered on the party platform, these spirit of "cooperative, competitive federalism." groups started forming various political parties. Prime Minister wants the federal government In the 1967 assembly elections, many of these and states to come together to chart a common parties succeeded in establishing power in the course to progress and prosperity with a focus on state. This gave birth to regional power or growth, investment and job creation. regionalism. His tendency was to confine But it is seems that principle of himself to a particular region rather than to call cooperative federalism not working so smoothly himself a national. 6 The Congress gave as the centre state conflicts reached at high level. importance to all these incidents only in the The release of funds to the states has also become context of federal relations. The attitude of a major issue of conflict in center-state relations,

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especially in times of pandemics. Justice Punchhi under his leadership Punchhi Even on the issue of Goods and Services commission was formed in 2007 for analysing Tax (GST), the opposition-ruled states are taking Centre-State relation and for suggesting measure aggressive measures against the Center. They for the betterment of stong Federalism. But this allege that the Center is withdrawing from its conflict has never been as much as has increased promise that in the first five years of the GST in recent times. regime, states will be compensated by the Center Several opposition-ruled states have in the event of any revenue loss. Due to the joined movements against the Center in recent protests of the states, now the Center has to agree months, ranging from objecting to the Modi to borrow a part of the amount and release it to government's recent laws in agriculture to the states. opposing stricter rules set by the central There is also a demand from the states to government to fight Kovid-19 and demanding release more funds to overcome the economic their share of GST compensation. They have difficulties due to the epidemic. In order to been in a posture of confrontation; the Center is overcome Kovid-19, steps like the Center to being accused of trying to abuse their powers on close liquor shops were strongly opposed, their behalf. especially by states like , in view of the Analysts say that a strong government at huge revenue loss. Due to such pressure, the the center, which relies more heavily on Center was forced to cancel its order. centralization of power, amid equations of 'give Punjab withdrew its general consent to and take' in relationships between various states investigate the state's affairs earlier this month and the Center, including previously ruled states. from the Central Bureau of Investigation (CBI), With the occupation of the state, the way is open a move contrary to Prime Minister Narendra for the states to adopt a more vigilant attitude, in Modi's mantra of 'cooperative federalism', which there is less scope for dialogue to break sparking a confrontation in relations between the the deadlock. center and the state. The same policy now The recently implemented agricultural adopted by the Chattisgardh, , West laws are a clear example of this. Accusing the Bengal government recently. Center of not taking any advice, three This is not the first time center-state opposition-ruled states - Punjab, Rajasthan and relations in India are going through an Chhattisgarh - have passed bills at their own examination. In the past, two high-level level to amend the Central Acts and as a result commissions were needed to examine these this process has rendered them ineffective. These relationships and suggest measures for change. states argue that agriculture is a state subject and The first was Justice R.S. Sarkaria, a retired bringing any law on it is completely within their Supreme Court judge in 1983 and under his jurisdiction. This stance has opened the path of leadership Sarkaria Commission was formed the more strife with the center. second one is Chief Justice of India, retired Withdrawing the general consent of the

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CBI probe into cases in the state is another helps resolve complex federal disputes. example. Accusing the investigating agency of This change is not happening suddenly. pursuing an agenda of political vendetta, eight Economic liberalization from 1991 increased the states Punjab, , Rajasthan, importance of the central government. As inter- Jharkhand, Maharashtra, Kerala, Chhattisgarh state trade and commerce began to increase, so and Mizoram withdrew the agency's earlier did the need for a legal framework that would permission to investigate cases in their help speed this up, rather than stop this flow. respective states. When the Planning Commission was in However, former Home Secretary G.K. existence, at that time there was a frequent Pillai feels that it is unfair to blame the states only complaint from the southern states that they had because the CBI has politicized itself in recent to deal with the steps in fund allocation. Mega times. He said, 'It has lost its credibility. It is the central schemes became another cause of responsibility of the Center to bring the states controversy and branding of schemes was a big together and increase their confidence in the issue in this. As the size of the Union Budget kept investigating agency.'8 increasing, the size of the schemes touching the It is somewhat ironic that the equation of lives of ordinary citizens was increased. Due to relations between the Center and the states, electoral compulsions, the best transformational especially those in the opposition regime, has schemes can also be opposed on the basic issues - deteriorated at a time when the Center is headed instead of 'Pradhan Mantri Jan-Dhan Yojana', by Prime Minister Narendra Modi who has been why not says 'Prime Minister-Chief Minister one of the most vocal advocates of cooperative Jan-Dhan Yojana'! federalism especially, during his tenure as the There was inevitably considerable Chief Minister of Gujarat. decentralization at the time of coalition Conclusion: governments, but problems started to emerge as In a large and diverse country like India, soon as a majority government was established both flexibility and persistence are necessary at the center. As a result of extremely complex simultaneously. A strong center was needed structures affecting internal trade and commerce since the birth of the modern republic, but due to trade, demands for simplification began to rise the vastness of India, no single force will ever be continuously. But, it took almost a decade for the unable to keep it tied, and to keep all citizens GST regime to start its existence. And now due to happy. Decentralization is inevitable, as shown the struggle created by demonetisation, the by the creation of NITI Aayog. But now, friction concerns of further delay in coming to GST have is constantly increasing. Everyone says that if become clear. there is not a clearly defined framework, there From the experience of past 70 years it is will be mutual conflict. The Constitution is that difficult to implement the concept of cooperative framework. There is a sentinel called the federalism in India. Firstly, different ambitions Supreme Court as a power-intermediary, who and aspirations are created due to a network of

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variations and inequalities. Identifying them, References: solving them and bringing all the states together 1. Phul Chand: “Federalism and the Party are challenging. So far this has not been done in System”, in Federalism: Nature India. and Emergent , p.162 Secondly, states vary in size as well as in 2. K.Santhanam:Political parties and the availability of resources. Successful I n d i a n d e m o c r a c y, J o u r n a l o f implementation of cooperative federalism needs Constitutional and Parliamentary to create an environment of healthy competition studies, 1972, 6[1]1 between the Center and the states. The points 3. Balbeer Arora,'Regional Aspirations & where this healthy competition turns into N a t i o n a l C o h e s i o n : F e d e r a l are dangerous. Coalition in the 1998 Loksabha Thirdly, the implementation of Election', West Bengal Political cooperative federalism will be difficult due to Science Review, 1-25, pp 62, Jan-Dec the fragmented political scenario of India. Today 4. Daniel Eladar, Explaining Federation] India is standing at a crossroads, facing big Tuscaloosa, AL; University of Alabama problems. The political classes must rise above Press, 1987, P-72 these disputes before this demographic dividend 5. C.S.Subramaniam, Centre-State can turn into a demographic destruction. relations, Sardar Patel Memorial In principle, cooperative federalism Lecture 1991; Delivered at Hydrabad on sounds good. The present government has Nov.8-9,1991, Puslisher Division, demonstrated remarkable understanding Ministry of Information & Broadcasting, through the use of words like 'Team India' during Govt.Of India, 1993,p-21-22 NITI Aayog meetings or simple gestures like 6. Stanly A. Kochenek, Mrs.Gandhi's creation of an all-inclusive GST Council, etc. Pyramid: The New Congress, I Henry The Finance Commission also recommended in Hard[Ed], Indira Gandhi's India, its 14th report that states should have a greater B o u l d e r, C o l o r a d o : We s t v i e w share of central tax revenue collection. Let us Press, 197. hope that the concept of cooperative federalism 7. The Economics Time, 09 February, will continue to work in future according to its .2015 nature and expectation. 8. The Economics Time, 09 February, .2015

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