Dr. Braham Parkash
Associate Professor
Department of Political Science
C.R. Kisan College, Jind (Haryana)
Abstract: It is said that old era of
centralized federal system in India is over now and today it has turned into
operative federalism where the role of State Governments cannot be
underestimated. However, the basic concept of centralized federalism emerged in
Nehru era and furthermore during the time of Prime Minister Smt. Indira Gandhi;
but after the formation of Janta Party Government in 1977, a due emphasis was
given on cooperative federal relations. In this sequence, a commission on
federal relations was constituted in 1983 which submitted its report in 1987.
It had total 247 recommendations known as Sarkaria Commission. However some of
the important recommendations were not implemented in the consequent years and
a new commission on federal relations was constituted and it was known as
Punchhi Commission, which submitted its report with more than 350
recommendations. Moreover, it repeated most of the recommendations made by
Sarkaria Commission and it emphasized on cooperative federalism. Therefore,
after the formation of BJP Government in 2014, this is an important federal
trend in federal relations. The present research paper highlights the emerging
trends in federal relations in India.
Keywords: Centralized Federalism, Cooperative
Federalism, Federal Relations, Sarkaria
Commission, Punchhi Commission.
Introduction: The fact is that some of the
unitary trends in the working of Indian federalism led to the major source of
confrontations. That is why federal relations in India have always been a
question for debate. During the period of Nehru and Indira Gandhi, Indian
federalism remained centralized and centre government executed the policy of
centralized federalism. However, most of the states criticized this trend in
the wake of 1977; but again in 1980 after the formation of Congress Government
the old trend came into existence and voices against centralization raised in
many parts of India. However, it was focused on the partisan role of the
governor in acting as an agent of centre government. Likewise, regarding the
fiscal subjects and sharing of taxation and revenue some issues became critical
in federal relations. Apart from the centralized tendency of the union, misuse
of Article – 356 was also criticized and it became a major contentious issue in
the centre state relation. After the death of Nehru these issues were
classified as constitutional, political and financial.
The office of the governor was
considered under the constitutional issues in the late of 1967, the governor
was bound to accept the advice of CM to dismiss the assembly after using the
confidence of majority. It was said that if there is no party with absolute
majority in the legislative assembly than single largest party should be
invited to form the government. If that party remains unsuccessful in its
objective than alternative government should be tried and in case of inability
of any party to form government the governor should recommend the president
rule. However, in some states these guidelines were followed and in some of the
states were ignored. Now a demand for the appointment of the governor came that
the governor should be appointed with the consultation of chief minister.
Meanwhile, the Raj Mannar committee
report of 1971, was an important documents of federal relations. It stated that
an inter-state council consisting of Chief Minister as Chairman to be set-up to
resolve inter-state dispute and the governor should be appointed with the
consultation of Chief Minister. Moreover, Article – 356 should not be misused
by the Governor and residuary power should also be vested in state legislature. However, one of the major constitutional
issues was related to the deployment of para-military forces by the centre to
control any confrontation in any state. With the break of Janta Party and the
political scenario after the formation of the Congress party in 1980 it was an
important issue to evolve new codes of behavior in dealing with the opposition
ruled states of Kerala, West Bengal, Tripura, Tamil Nadu, Karnataka etc.
Here we can’t ignore the fact that
the major recommendations of West Bengal document on Centre-State relation
paved a way to cooperative federalism. It stated:
§ The
preamble of the constitution should describe India as a federation of state
than the term union. All the states should be accorded more powers to impose
taxes.
§ Rajya Sabha
should be directly elected with equal representation of states and its power
should be equal with that of Lok Sabha.
§ Article 302
should be deleted and Article 368 should be amended as to ensure that no
amendment of the constitution may be possible without its power.
§ English as
an official language should be continued in non-Hindi regions.
§ Article-249
should be abolished and centre should have no jurisdiction of the State
services. The special status of
Jammu-Kashmir under Article 370 should be retained. The 7th schedule
and its list should be reformulated and the states should have exclusive
control over police and paramilitary forces.
Furthermore, the West- Bengal
document was a well-thought and precisely drafted memorandum and it aimed to
arrest the increasing tendency of the centralization. It gave some radical
suggestion to break up the hegemony of center over states. Nevertheless, it was not honestly implemented
and in August 1983 a new commission was set up under the chairmanship of
Justice R.S. Sarkaria. The commission took four years to complete its
deliberations and it submitted its report on October 27, 1987 with 247
recommendations. The way in which Governor had used their discretionary powers
to serve the interests of centre in appointment of Chief Minister as by
Governor Tapasay in Haryana and the Governor Jagmohan by dismissing the Govt.
of N.T. Rama Rao in 1984 had become a bone of contention in Centre-State
relation. The commission recommended that the role of Governor should be
impartial and an eminent person who is not active politician should be
appointed as Governor with the consultation of Vice- President, Speaker of
Lok-Sabha and the Chief Minister of the State. It recommended that the Governor
should be a person of the outside of the State and he should not be actively
connected of the Local Politics of the State. If Governor recommends
president’s rule, it should be published in the Media.
Regarding the Article-356, the
commission recommended that it should be avoidable and all the alternatives
should be exercised. This power should only be executed in case of extreme
urgency by the governor. It had also suggested that before taking any action
under Article – 356, any explanation received from the state should be taken in
to account. However, today this article may be reviewed in the perspective of
S.R. Bommai case, 1994. The commission suggested establishing an inter-state
council which was established in the year of 1993. It also suggested
reconstituting national development council under Article – 263. Some of its
other recommendations are as under:-
§ Corporation
tax should be made shareable with states and centrally sponsored scheme should
be strictly limited to centre.
§ There
should be a periodic review of industries Act 1951 under Union List. An expert
authority under Article 307 to deal the issue of trade and commerce should be
constituted.
§ There
should be clear cut language policy and Article 347, 350 & 351 should be
implemented purposefully with sole and spirit. Moreover, three language
formulas should be enforced with honestly.
§ The
president should not make any delay on state bills.
§ The
commission favored the retention of a strong state but detained undue
centralism.
§ The
commission rejected the demand for certain state subjects to the concurrent
list and it recommended that armed forces should only be deployed after the
consultation of the concerned state.
§ It
recommended constituting the cooperative federalism by avoiding all
confrontations in federal relations.
§ It
recommended that no commission of enquiry should be set up against a union or
state minister to investigation charges of corruption of abuse of power unless
such a resolution first passed by the parliament by simple majority.
§ It
recommended that the centre should have a power to decide matter related to
deployment of its armed forces after the recommendation of the concerned state.
§ It
recommended constituting a zonal council to provide a forum for the first level
discussion on the contentious issues in the concerned state and centre.
§ It
recommended that all the residuary powers of legislation in regard to taxation
matters should remain with parliament.
To conclude the Sarkaria commission
emphasized on cooperative federalism and it recommended that Article 258
provides a tool by the liberal use of which cooperative federalism can be realized
by the centre and state. However, it favored the strong centre; nevertheless it
suggested making a wise use of Article-356.
The consequent governments made no
more interest to implement its recommendation and after the formation of
coalition governments after 1989 a new era of federal relations started. Now
these governments exercised the policy of cooperative federalism and all
disputes were solved with the consent of concerned state and centre government.
However, regarding the abolition of the Article 370 BJP made a promise to
abolish it if it comes into rule. But after the formation of UPA government in
2004 and in 2009, it did not raise the issue of Article-370. It is true that
the UPA Government in its Public Documentary Report (2004-08) recorded many of
its achievement in matter befitting in the state. It seemed to sum up the issue
of security and development in India’s north-east part notably in Tripura in
2008. It executed its practices of centre releasing large financial development
packages for the North East as a rehabilitation package known as Operation
Sadbhawana program which was very effective in Jammu and Kashmir.
In the first term the UPA government
established the Punchhi Commission on 27 April 2007. Its main task was to look
into a fresh output and to recommend the relative roles and responsibilities of
each level of government i.e. Center and State over the last two decade. It
submitted its report in 2010 with more than 350 recommendations. However, the commission has taken not of very
significant change in India in the wake of 21st century in the era
of collision government. Now after the formation of BJP Government in 2014 a
new trend of more and more cooperative federalism has been observed by some
scholars.
Conclusion: To conclude we can say that there is a radical
change in federal relations after the formation of BJP Government in 2014.
However, the center government has made every effort to establish to
cooperative relations with the states; but where the non-BJP governments are in
states, they are not satisfied with the centre policy of demonetization and
security issues. Nevertheless, we cannot ignore the fact that the centre has
inter fared in the formation of state government in Goa in 2017. Some of the
scholars and politician has criticized the role of governor in the state. Today
it is an urgent need that centre government should not violate the provision of
the constitution and it should exercised all good practices in cooperative
federalism.
References:
§
Bidhut Chakarborty, Centre-State Relations in India,
Segments Book, Allahabad, 1990.
§
S.C. Arora, Current Issues and Trends in Centre-State
Relations, Mittal Publication, New Delhi, 1991.
§
S.S. Tiwana, “Centre- State Relations in India:
A Plea for State Autonomy”, Punjab Journal of Politics, Vol. 26
(1), 2002.
§
S.A. Palekar, Political System in India,
ABD Publisher, Jaipur, 2006.
§
P.D. Sharma, Indian Administration: Retrospect
and Prospect, Rawat Publication, Jaipur, 2009.
§
R.K. Jha, Fundamentals of Indian Political System, Pearson
Education, New Delhi, 2012.
§
B.L. Pharia, Indian Govt. and Politics, Sahitya Bhawan, Agra, 2016.
§
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§
www.livemint.com › Politics › Policy
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