THE CONTEXT: The recent Lok Sabha election results, with the BJP falling short of a majority, have reignited hopes for revitalizing India’s beleaguered federal structure. The return of coalition governance offers an opportunity to counter the BJP’s coercive brand of federalism that has centralized power at the expense of states. This could pave the way for a more cooperative and equitable federal model, addressing concerns of southern states over issues like delimitation and fiscal devolution.
THE ISSUES:
- Threat to Cooperative Federalism: There are concerns about the BJP’s brand of “coercive and combative” federalism that seeks to centralize power at the expense of states. There are fears that the BJP’s desire for uniformity and its actions like changing the terms of the 15th Finance Commission, revoking Jammu and Kashmir’s special status, and the potential delimitation exercise after 2026, could undermine the federal structure and disenfranchise states, particularly in the south.
- Hindutva Agenda and Treatment of Minorities: Several sources express apprehensions that the BJP’s Hindu nationalist agenda, including the push for a Uniform Civil Code and the controversial remarks made by PM Modi about Muslims during the election campaign, could face resistance from coalition partners. There are concerns about the complete lack of Muslim representation in the new cabinet and whether the BJP will tone down its divisive rhetoric against minorities.
- Economic Reforms and Policy Paralysis: With the BJP falling short of a majority, there are doubts about the government’s ability to implement major economic reforms and its ambitious agenda, such as holding simultaneous elections (One Nation, One Election). The need for consensus-building in a coalition setup could potentially lead to policy paralysis, a concern that plagued previous coalition governments.
- Caste Census and Reservation Issues: The coalition partners like the Janata Dal (United) will likely demand a caste-based census, which the BJP has previously resisted. Specific communities, like the Scheduled Castes and Scheduled Tribes, also have apprehensions about potential changes to the reservation system and the Constitution.
- Regional Demands and State-specific Issues: Regional parties like the Telugu Desam Party (TDP) and the Janata Dal (United) are expected to push for more outstanding federal funds, special status for their states (Andhra Pradesh and Bihar), and other state-specific demands. Managing these diverse regional interests could pose challenges for the BJP-led coalition government.
- Stability of the Coalition Government: Several sources express skepticism about the longevity and stability of the coalition government, given the inherent contradictions and ideological differences among the partners. There are concerns that the government could self-destruct or face internal strife, leading to potential mid-term elections or a realignment of political forces.
THE WAY FORWARD:
- Strengthen the Inter-State Council: The Inter-State Council, established under Article 263 of the Constitution, can serve as an effective forum for consultation, coordination, and dispute resolution between the Centre and states, especially in coalition scenarios. The Sarkaria Commission (1988) and Punchhi Commission (2010) recommended reviving and empowering the Inter-State Council to foster cooperative federalism.
- Revisit Fiscal Federalism and Resource Sharing: Equitable distribution of resources and tax revenues between the Centre and states is crucial for cooperative federalism, especially when regional parties are part of the ruling coalition. The Inter-State Council can be tasked with reviewing and recommending reforms to the existing fiscal federalism framework, ensuring a fair and transparent system.
- Ensure Autonomy of Constitutional Bodies: Maintaining the autonomy and independence of constitutional is essential for upholding democratic values and federal principles. The Supreme Court’s judgments in cases like the NJAC case (2015) and the Alok Verma case (2019) have emphasized the need to protect the independence of these institutions. The Vineet Narain case (1998) laid down guidelines for appointing the CBI Director, which can also be extended to other constitutional bodies.
- Promote Intra-Party Democracy: The Dinesh Goswami Committee (1990) and the Indrajit Gupta Committee (1998) recommended measures to promote inner-party democracy and transparency in political parties. The Supreme Court’s judgment in the PUCL case (2003) emphasized the need for transparency in the functioning of political parties, including their funding sources. Establishing a code of conduct for coalition partners, as the Punchhi Commission recommends, can ensure smooth functioning and policy consistency within the coalition.
THE CONCLUSION:
In a diverse nation like India, a sense of shared belonging must accommodate divergent levels of development across states. An answer like “We have more people, so we will have more money and power” risks rupturing the fragile bonds that hold the country together. All states must work together to devise a solution based on principles of equitable redistribution and representation, ensuring that every region feels their common nationhood is a winning proposition.
UPSC PAST YEAR QUESTIONS:
Q.1 While the national political parties in India favor centralization, the regional parties favor State autonomy. Comment. 2022
Q.2 How far do you think cooperation, competition, and confrontation have shaped the nature of federation in India? Cite some recent examples to validate your answer. 2020
MAINS PRACTICE QUESTION:
Q.1 The Indian Constitution has both federal and unitary features. Analyze the Constitution’s major federal and unitary provisions and examine whether the current dynamics between the Centre and states have tilted the balance in favor of a more unitary structure.
SOURCE:
https://www.thehindu.com/opinion/lead/reimagining-indian-federalism/article68290374.ece
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