Analyze the working of the federal system in India (IGNOU/UPSC/STATE EXAMS)
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Federalism is a system where there is division of power and dual polity. In India, it shows the division of powers between the Union and the state. However, India acquires a quasi-federal character as it does not follow a rigid form of a federal state, instead we can see a paramount of Union with that of state.
During the first four decades of the working of the constitution, India saw a strong centralization of federalism where the Union government accumulated powers beyond its constitutional competence.
The Union government adopted several methods of encroachment: the foremost being its exclusive power of defining what is national and public interest. We can also see that, the seventh schedule makes entries of main subjects only. As a consequences, the center has encroached even upon the subjects, originally assigned to the sates. For instance, under entry 52, Parliament has passed the (Industries Development and Regulation) Act 1951. As a result, the union now controls a very large number of industries mentioned in schedule 1 of the Act. Therefore, the power of the state Legislatures with respect to the subject of 'Industries' under entry 24 of the state list has been curtailed.
By way of omission, addition and transfer, the union government through different amendment acts has brought changes in the distribution of competences, as under seventh schedule of the constitution, between center and states. Thus forty-second amendment act omitted entries 11 (education), 19 (forest), 20 ( protection of wild life), 29 (weights and measures), and seventh amendment act omitted entry 36 (acquisition or requisition of property) from the state list. On the other hand, forty- second amendment act by way of transfer added four new entries in the concurrent list.
Besides, through substitution method, the center has enhanced the ambit of its 'eminent domain'. Along with it, 'centralized planning through Planning Commission is a conspicuous example of how, through an executive process, the role of the union has extended into areas, such as agriculture, fisheries, soil and water conservation etc. which which lie within the exclusive state field. In spite of being an advisory body, its political and bureaucratic clout has gone to the extent of verticalizing the nature of federal grants to the states.
Contrary to the wisdom of founding fathers, Article 356 has been used, abused, misused and overused for more than 100 times, such as the reservation of state bills by the governor, deployment of paramilitary forces etc. But efforts to prevent its misuse can be seen in cases like S.R.Bommai vs Union of India case (1994), where the Supreme Court curtailed the misuse of article 356 and put an end to the arbitrary dismissal of State governments by a hostile Central government, thus preserving the federal structure of the constitution. The reports of the Sarkaria Commission is another example where efforts to provide resilience to the successful working of the federal system is visible.
What is required now is the 'off loading' and de-concentration or devolution' of powers from the center to states; and from states to the panchayats and municipal bodies.
Being mutually dependent, 'inattention to or over attention to' as Granville Austin warns, any one of them will disturb the stability of the Indian Nation. And exercise for stability should not be the sole prerogative of the center. It is a collective exercise of union, state and the people.
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