The Constitutional Tug-of-War: Federalism in India

The Constitutional Blueprint of Federalism

Key Articles and Provisions

Ambedkar’s Constitution outlined a federal structure while embedding unitary elements for times of crisis.

1. Article 246: Division of Legislative Powers

• Union List: Matters like defence, foreign affairs, and currency under exclusive central control.
• State List: Subjects like public health and police under state jurisdiction.
• Concurrent List: Shared responsibilities like education and criminal law.

2. Parliamentary Authority Over State Subjects

• Article 249: Parliament can legislate on state matters if it serves the national interest.
• Article 250: During a national emergency, Parliament can legislate on any state subject.
• Article 252: Parliament can legislate for two or more states with their consent.

3. Emergency Provisions (Articles 352 and 353)

• In emergencies, the Centre assumes greater control over state functions.

4. Parliamentary Supremacy

• Article 368 allows Parliament to amend the Constitution, provided it aligns with its basic structure.

The Flexibility Paradox

While Ambedkar envisioned flexibility as federalism’s strength, it also became its Achilles’ heel. Critics argue that the Centre’s ability to intervene in state matters undermines state autonomy. Emergency powers (Articles 352 and 353) and tools like Article 356 (President’s Rule) have often been controversial, with allegations of misuse for political gains.

Funny Analogy: Imagine federalism as a group project. The Centre, as the self-proclaimed “team leader,” often takes over, citing “national interest,” leaving states grumbling about micromanagement.

Challenges in India’s Federal Structure

1. Regionalism and Diversity

States with distinct cultures and economies often clash with uniform central policies. For instance, one size doesn’t fit all when it comes to education or language policies.

2. Role of Governors

Governors, appointed by the President, are often accused of acting as the Centre’s agents. From recommending President’s Rule to stalling bills, their actions sometimes strain Centre-State relations.

3. Fiscal Federalism and GST

The Goods and Services Tax (GST) unified indirect taxes but clipped states’ financial autonomy. Post-GST compensation disputes have further soured fiscal relations.

4. Central Oversight in Local Affairs

Policies like the National Education Policy (NEP), farm laws, and citizenship amendments often bypass state consultation, fueling federal tensions.

5. Security Oversight

Central armed police forces and intelligence agencies often encroach on state jurisdiction, especially during elections, leading to friction.

Relevant Doctrines in Federalism

1. Doctrine of Territorial Nexus

This doctrine allows laws to have extra-territorial application if there’s a reasonable connection between the law’s object and its subject matter.

• Case Reference: State of Bihar vs. Charusila Dasi (1959)
  The Court upheld a state law with extra-territorial implications, emphasizing the need for a real and substantial nexus.

2. Doctrine of Pith and Substance

This doctrine focuses on a law’s core purpose rather than its form, ensuring that incidental encroachments don’t invalidate legislation.

• Case Reference: State of Bombay v. F.N. Balsara (1951)
  The Bombay Prohibition Act was upheld despite incidental overlaps with central subjects, emphasizing its primary objective.

Balancing Federalism: Ambedkar’s Vision vs. Modern Realities

Ambedkar’s framework aimed to safeguard India’s unity while respecting diversity. Yet, modern challenges demand recalibrating this balance. The introduction of cooperative federalism, initiatives like NITI Aayog, and inter-state councils offer hope for collaborative governance.

However, achieving true federal harmony requires respecting states’ autonomy, ensuring equitable revenue sharing, and fostering dialogue on contentious policies.