INDIA was framed and constitutionally structured as a Union of States, a federal polity. A fine balance was struck with a strong Centre and substantially empowered states, in their respective spaces. The Constitution leaned on a stronger Centre in common spaces — Concurrent List, emergency, formation of states, state governors, etc — supported by strong federal institutions — the Supreme Court (SC), Election Commission of India, Comptroller and Auditor General and the like. Indian federalism was pronounced a basic structure of the Constitution, albeit without defining what the SC meant by it.
A balanced and fair sharing of executive, legislative and financial powers between the Centre and the states defines a healthy federal polity. Striking this balance is difficult; our founding fathers did a reasonably good job of it.
The states, understandably, consider greater allocation of subjects and executive powers to them and non-interference by the Centre and federal agencies in their affairs, as good federalism. This viewpoint has been brought out in the report of the Justice Kurien Joseph-headed High Level Committee on Union-States Relations, appointed by the Stalin-led Tamil Nadu government. The committee made many important suggestions to address the distortions that have crept in functional federalism since Independence. If this report is implemented (unlikely), the states would become independent sub-sovereigns.
The reality of federalism is quite grim. The Modi-Shah-led BJP government has been doing exactly the opposite of what Tamil Nadu report has argued over the last many years (its worst manifestation was seen during the West Bengal elections).
This government has turned states into Centrally-controlled union territories; wagons (not double engines) attached to the all-powerful Central locomotive. The BJP states (mostly headed by non-entity chief ministers) have meekly accepted this subordination. Opposition-ruled states, which obviously don’t like this emasculation, are gasping for survival. If this process goes on, the constitutional federalism would effectively be dead.
How have we come to this pass? Can India avoid becoming a Central Union? Is it possible to restore a real, good and functional constitutional federalism? The federal structure was designed, worded and structured on the assumption that the Central government would act, in practice, as a fair federalist union.
A federalist union is one which respects the states’ constitutional domain and all its agencies operate without any bias against Opposition-led states. Federal institutions, in a federalist union, are manned by persons not under the thumb of the Central government and behave as impartial arbitrators and umpires between the Centre and the states.
When the Centre acts as competitor of states and does not allow Opposition states to function and is always looking to take over or control the ruling governments in such states, it functions as a centralist union.
The Modi-Shah-led Central government has been unabashedly functioning and behaving like a Centralist union. It has transformed all fiscal instruments into means of controlling states.
The GST Council has been reduced to an appendage of the Central government, with Opposition-ruled states having no choice or voice. Centrally sponsored schemes (CSSs) have been reconfigured to deny grants to states if Central dictates are not followed (the PMSHRI scheme was used to deny Samagra Siksha funds to Tamil Nadu for not accepting the Hindi dictate) and stopping Central funds on allegations of irregularity (MGNREGA funds not released to West Bengal on minor allegations without concluding the inquiry).
The loan channel (50-year interest-free capital expenditure loans) has been used to make states accept subordination terms and remain subject to Central approval for their borrowing. Many Central government benefits (eg,
PM-KISAN and the Pradhan Mantri Jan Dhan Yojana) are being delivered directly, bypassing states, in beneficiaries’ active or dormant accounts (PM Jan Dhan Yojana dormancy exceeds 25%).
This government has misused federal institutions and instruments. It appoints partisan governors in Opposition-ruled states, that have sat over legislations passed by state Assemblies for months/years, misused their address to abuse the governments of which they are constitutional heads, granted sanctions to prosecute CMs on flimsy grounds and interfered in the administration to embarrass state governments.
The Modi-Shah government has misused Central agencies — most notably the CBI and the ED — to raid and disrupt Opposition-ruled states and jail-sitting CMs on trumped-up allegations. The courts have been packed with pliant judges, which show no compunction in being partisan against opposition politicians.
The misuse of the ECI has been the most blatant. The elections in West Bengal, with about 27 lakh voters being deleted using the unconstitutional device of ‘illogical discrepancy’, thereby unlawfully preventing them from voting, were nothing short of election fraud.
This was perpetrated by converting the election machinery into a BJP agent instead of acting as an impartial umpire. The state was virtually occupied by more than 2.5 lakh Central paramilitary forces. The Bhishm Pitamahs in the SC watched the disrobing of democracy Draupadi nonchalantly, dismissing deleted voters’ cries, asking them to vote in the next election.
This severe mutilation of constitutional federalism by a Centralist union must disturb the conscience of all Indians. That leads to the question — is there a way to make the Indian state a federalist union? This should be possible if a federalist party/ alliance came to rule the Centre.
Isolated regional satraps would not succeed in establishing such a federalist Central government. In the absence of a federalist alliance ruling the Centre, the remaining regional castles in the South and North-West would also fall apart one by one, with the current centralist Union government using the majoritarian religious symbols and emotions to polarise voters in addition.
The Congress was also, in its heyday, a centralised formation. It had virtually killed Indian federalism by making so many constitutional amendments, particularly during the Emergency.
The Congress party has, by now, been reduced to a nonentity in the Hindutva heartland and the East as it is no match for Modi-Shah brand of a centralist (everything passes as one nation) and religious polarisation. It may have a fighting chance if it reinvents itself as a party of everyone, every religion and region (a true Hindustani party) and builds a functional federalist alliance with state/regional parties, for whom a federalist Centre is a must.
Only such an alliance (a far cry at present) can restore the Constitution, the Central government and the Indian politics to their true federal structure, strengthen it further and make India a truly federal country, belonging to all its citizens.