Syllabus: GS2/Polity and Governance
Context
- The Tamil Nadu Chief Minister has set up a high-level committee to recommend measures on state autonomy with a view to protect state governments’ rights and improve working relations with the union government.
About the Committee
- It is a three member committee headed by former Supreme Court judge Justice Kurian Joseph.
- The committee is expected to submit its interim report by January 2026 and the final report within two years.
- The mandate of the committee includes:
- to review the Constitutional provisions, laws, rules and policies with respect to Centre-State relations;
- to recommend ways to restore subjects moved from the State List to the Concurrent List;
- to propose measures for States to overcome administrative challenges;
- to suggest reforms to ensure maximum autonomy for States without compromising the unity and integrity of the nation;
- and to consider the recommendations of the Rajamannar Committee and subsequent commissions formed by the Union government on the Centre-State relations.
Federalism and Its Key Features
- Federalism is a system of government in which the power is divided between a central authority and various constituent units of the country.
- There are two or more levels (or tiers) of government.
- Different tiers of government govern the same citizens, but each tier has its own jurisdiction in specific matters of legislation, taxation and administration.
- The jurisdictions of the respective levels or tiers of government are specified in the constitution.
- The fundamental provisions of the constitution cannot be unilaterally changed by one level of government. Such changes require the consent of both the levels of government.
- Courts have the power to interpret the constitution and the powers of different levels of government.
- Sources of revenue for each level of government are clearly specified to ensure its financial autonomy.
Key Features of Indian Federalism
- Constitutional Division of Powers: The Constitution divides subjects between the Union and the States through the Union List, State List, and Concurrent List (Seventh Schedule).
- Strong Centre: The central government has more powers, especially in times of emergency.
- The Union List contains more and significant subjects (like defense, foreign affairs).
- Single Constitution & Citizenship: India has a single constitution and single citizenship, unlike the USA.
- Independent Judiciary: The Supreme Court acts as the guardian of the Constitution and arbitrator in Centre-State disputes.
- Interstate Councils & Finance Commission: Bodies like the Inter-State Council and Finance Commission promote cooperative federalism.
Challenges to Indian Federalism
- Rising Regional Sensitivity and Sub-Nationalism: Increasing regional identity and sensitivity among states challenge national unity.
- Political ideologies focused on regional interests may benefit specific areas but weaken the overall federal spirit.
- Financial Dependency of States: States are financially dependent on the Centre due to lack of fiscal autonomy.
- This dependency results in operational constraints and deepens the federal crisis.
- Inequality and Political Bias: States often express grievances over unfulfilled regional demands.
- Disparities in representation based on population and territory lead to inequality.
- This leads to both inter-state inequality and a perception of neglect by the Centre.
- Indestructible Union, Destructible States: Unlike the U.S. model, Indian states do not have a permanent status.
- The Union can alter, merge, or bifurcate states unilaterally.
- This power of the Centre weakens the federal nature by making states structurally vulnerable.
- Religious Conflicts: Religious tensions lead to institutional conflicts and disrupt the unity.
- These challenges highlight the difficulty of maintaining harmony in a diverse nation.
- Demand for new States: The continuous increase demands for the new states create a threat in the smooth operation of federalism.
Recommendations by Committees
- Sarkaria Commission (1983): To examine and review the working of the existing arrangements between the Centre and the States.
- Key Recommendations: Strengthen the role of the Inter-State Council (Article 263) as a permanent, regular body.
- Use Article 356 (President’s Rule) sparingly and only as a last resort.
- More financial autonomy to states; a greater share in central taxes.
- Key Recommendations: Strengthen the role of the Inter-State Council (Article 263) as a permanent, regular body.
- National Commission to Review the Working of the Constitution (NCRWC) – 2000 (Headed by: Justice M.N. Venkatachaliah)
- Key Recommendations: Strengthen fiscal federalism with greater devolution of funds to states.
- Set up an Inter-State Trade Commission to regulate trade disputes.
- Improve Centre-State consultation mechanisms before passing legislation affecting states.
- Key Recommendations: Strengthen fiscal federalism with greater devolution of funds to states.
- Punchhi Commission (2007): To revisit Centre-State relations in the context of changes since the Sarkaria Commission.
- Key Recommendations: Limit misuse of Article 356; it should be used only in exceptional situations.
- The Governor’s role should be non-partisan; the removal process should be more transparent.
- Creation of a Supreme Court-authorized Inter-State Trade and Commerce Commission.
- States should have more autonomy in subjects listed under Concurrent List.
- Key Recommendations: Limit misuse of Article 356; it should be used only in exceptional situations.
- NITI Aayog Reforms (Post-Planning Commission):
- Promote Cooperative Federalism through regular consultations with states.
- More say for states in economic planning.
- Reorienting Centrally Sponsored Schemes based on state-specific needs.
Source: TH
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