Indian Federalism: Structure and Governance

Constitutional Provisions of Indian Federation

• The Indian Constitution recommends a multilevel or multilayered federation with multiple modes of power distribution.
• The federation consists of a union, states, sub-state institutional arrangements, and units of local self-government at the lower levels.
• The union and states constitute the federal superstructure, while the remaining two constitute the federal substructure.
• Each level has constitutionally specified federal functions, which they perform almost independently of each other.

Power Distribution and Control

• The superstructure exercises certain fiscal and political control over the substructures.
• Developmental funds to the substructure are released by the two superstructures.
• Many decisions of the regional councils are subjected to the approval by the concerned states.
• The constitution promotes both symmetrical and asymmetrical distribution of competence.

Special Provisions and Arrangements

• Provisions like Article 370, 371, 371A-H, fifth and sixth schedules allow for special distribution of competence and power sharing arrangements between the union and select states.
• These provisions restrict the application of many union laws, delimit the territorial extent of the application of parliamentary acts, and bestow special powers and responsibility on the office of Governor in some states.

Internal Security and Centre-State Relations

• Post-independence India has faced various security threats, including insurgency, naxalism, secessionist tendencies, and terrorism.
• The union government has come up with laws like Armed Forces Special Power Act (AFSPA) to ensure internal security.
• The act has generated tensions between the centre and states, as the latter saw the act as a union strategy to curb their autonomy.
• The states have also accused the centre of misusing the Central Bureau of Investigation (CBI) to further its own interest.

Recent Trends in Indian Federalism

• The structural reforms of 1991 have given states greater autonomy in developmental processes.
• The role of planning commission has become a hindrance for states, causing strife.
• In the coalition era of Indian politics, regional parties have acquired prominence in the centre and their respective states, leading to an increase in bargaining power.
• This has emerged as a constant tension between the union and states.

Coalition Government and Federal Relations

• The constitution explains a parliamentary form of government in which multiple political parties cooperate and reduce the dominance of any one party.
• The 1967 general election changed the political scenario, marking the end of single-party dominance and the beginning of coalition politics.
• Various regional political parties have raised their voice for state autonomy, and coalition governments have emerged at both the state and central levels.