Federalism and Indian Federal system

Federalism and Indian Federal System is a core concept in Indian Polity that refers to the division of powers between the Centre and the States. India follows a unique federal structure with unitary features, ensuring both unity and regional autonomy. The Constitution clearly demarcates powers through Union, State, and Concurrent Lists to maintain balance and effective governance.

Federalism and Indian Federal system

Indian federal system of government

• Historical Background
  • Government of India Act, 1935 –A federal system of governance was envisaged in this, but due to the non-inclusion of the princely kings, this system could not be implemented.
  • Simon Commission (1927–28) and Butler Committee (1927–30) – Both supported a federal union for the whole of India.
  • Cabinet Mission Plan (1946) – It proposed a loose federation in which more powers would be vested in the states.
  • constituent Assembly – Keeping in view the immediate circumstances of the country, a federal system was created in the Constitution in which the balance of power was tilted towards the Centre rather than the states.
• Objectives Preamble and Independence Act, 1947
  • Pandit Nehru presented the Objective Resolution in the Constituent Assembly, the aim of which was–
    • To create a federation in which the constituent states remain as autonomous units with residuary powers.
• Judicial interpretation
  • S. R. Bommai vs. Union of India (1994)
    • The Supreme Court said – The Indian Constitution is federal and this is its basic feature.
    • States have their own constitutional existence, they are not mere agents or satellites of the Centre.
    • They are supreme in the jurisdiction of the states.

Opinions of various scholars and thinkers

Scholar	Views on the nature of the Indian Union
K.C. Wheare	India is quasi-federal.”India is essentially a unitary state with secondary federal features.”
Douglas Varney	In the era of coalition governments, Indian governance appears to be quasi-confederal.
Norman D. Palmer	India is an “administrative federation” because in times of crisis the Centre exercises administrative control over the states.
Sir Ivor Jennings	There is a “strong tendency towards centralization” in the Indian Union.
Morris Jones	“Bargaining Federalism” in India.
Paul H. Appleby	India is “Extremely Federal”.
K. Santhanam	India is a “Paramount Federation”.
Charles Tarlton	Indian federalism is an “asymmetric federation”.
Grenville Austin	There is “Cooperative Federalism” in India.The Constituent Assembly unanimously formed the “Amicable Union”.Both the Centre and the State are dependent on each other.
M.V. Payli	“The Constitution of India has a federal structure but is unitary in spirit.”
Dr. Bhimrao Ambedkar	The Constitution is federal in peacetime.In case of emergency it becomes unitary.
Dr. Rajendra Prasad	Call it federal or unitary, the name does not matter as long as the Constitution serves its purposes.
S. K. Choubey	It is necessary to remove two misconceptions about the Indian Union:The Indian Union was not formed by agreement of the states, but evolved from centralised British rule.The American Union also developed not through compromise but through the Philadelphia Constitutional Convention of 1787.
Peter Ronald D’Souza	The 73rd Constitutional Amendment is the “second wind” of democracy.Local government is a new experiment in the development of federalism.

• According to K. Santhanam –
  • There are two main reasons for the Indian Constitution being unitary:
  • Dominance of the Centre in the financial sector and economic dependence of the states on the Centre.
  • Control over the development plans of states by institutions like the Planning Commission.

• Dr. Bhimrao Ambedkar’s Viewpoint:
  • “The Constitution is strictly federal and is based on the principle of dual governance.”
  • “The states are not agencies subordinate to the Centre – but both derive their authority from the Constitution.”
  • “Both the Centre and the State have been given the power to function independently.”
  • “The federal system of the Constitution is flexible according to time and circumstances – it can be unitary or federal as per the need.”
  • “Emergency-like situations are the exception, not the rule.”
• Both federal and unitary elements are present in the Indian Constitution.
  • Its characteristics are – federal structure, unitary tendency.
  • The Indian federation is neither completely like the American federal model nor completely unitary.
  • This is a typical Indian federalism, which appears as cooperative, asymmetrical, quasi-federal and sometimes semi-confederal.

Types of Federalism in India

Centralized Federalism – 1952 to 1967

• This was a period of Congress dominance – the same party had governments at the Centre and in the states.
• The Centre maintained dominance over the states through policy making and the Planning Commission.
• Characteristics – Centralization of power due to one-party dominance.

Cooperative Federalism – 1967 to 1971

• After the 1967 elections, non-Congress governments were formed in 8 states.
• There was instability in both the Centre and the states – neither the Centre nor the states were strong.
• States like Bengal and Tamil Nadu demanded greater autonomy.
• This federalism was based on consensus and mutual help.
• Feature – The Centre and the States help each other by having horizontal relations.

Unitary federalism – 1971 to 1977

• Re-centralization of Congress under the leadership of Indira Gandhi.
• 42nd Constitutional Amendment (1976) – ‘Mini Constitution’, which increased the powers of the Centre.
• The Chief Ministers of the states became ‘puppets’.
• Feature – The federal structure became truly unitary.

Bargaining Federalism – 1990 to 2014

• In the 1990s, the era of coalition politics and liberalization-privatization-globalization began, and the dominance of the Centre decreased.
• The bargaining power of regional parties and states increased.
• State governments demanded special status, more resources, budget allocation, representation in the Union Cabinet, etc.
• Characteristics – Centre-State relations through compromise and bargaining.

Competitive Federalism – After 2014

• In 2014, the Modi government came to power with an absolute majority.
• Narendra Modi government gives impetus to the concept of ‘cooperative and competitive federalism’.
• NITI Aayog was formed – Planning Commission was abolished.
• The states are engaged in healthy competition among themselves and with the Centre.
• States get rankings based on their performance through programmes like Swachh Bharat, Digital India, Smart City, Skill India, Startup India etc.
• Objective: To promote competition for better service delivery and growth.

Fiscal Federalism

• This is also called fiscal federalism.
• It is concerned with the distribution of revenue and expenditure between the Centre and the states.
• 101st Constitutional Amendment in 2016 – Formation of GST and GST Council – Partnership of both Centre and States.
• Feature – Partnership in financial decisions by both the Centre and the States.

Asymmetrical federalism

• This is a system of federalism where some states have been given special status.
• Part XXI (21) – Special Provisions
• Articles 371 to 371J – Special provisions for states like Nagaland, Manipur, Sikkim, Andhra Pradesh, Telangana, Karnataka etc.
• 5th and 6th Schedules of the Constitution – Special autonomy to Scheduled Areas and Tribal areas.
• Speciality – To provide constitutional protection to the ethnic, linguistic and cultural diversity of India.

Conclusion

• Indian federalism has been changing its form according to time and circumstances.
• Initially centralized and unitary in nature.
• After 1967, it became cooperative and bargaining-oriented.
• Towards competitive and cooperative federalism after 2014.
• Fiscal and asymmetric federalism are its flexible and uniquely Indian features.
• Thus, Indian federalism is dynamic, flexible and multi-dimensional in nature.

Classification of the form of government

• Political scientists have divided the government into two parts based on the relationship between the national government and the regional government:
  • Unitary Government
  • Federal Government

Unitary government

• A system in which all powers are vested in a single central government.
• Examples: Britain, France, Japan, China, Italy, Belgium, Norway, Sweden, Spain etc.

Federal government

• A system of government in which powers are divided between the Centre and the States by the Constitution.
• Both levels of government function independently within their respective jurisdictions.
• Example: America, Switzerland, Australia, Canada, Russia, Brazil, Argentina etc.

Federal system of government in India

• India adopted a federal system of government in its Constitution for two reasons:
  • Large geographical size of the country
  • Cultural and social diversity

• This strengthens the Centre, but also gives autonomy to the states.
• The word ‘federal’ is not used anywhere in the Constitution. Article 1 refers to India as a ‘Union of States’.
  • It has two meanings –
  • The Indian Union is not the result of any agreement between the states.
  • No state has the right to secede from the Union. That is, the Indian Union is an indestructible union of destructible states. (The existence of the states depends on the Union; the Union cannot be destroyed.)

Evolution of Federalism in India

• Reasons for the Growth of Federalism:
  • Rise of regional parties (1967): Regional parties focusing on state-specific issues grew in influence.
  • Formation of Janata Party (1977): In this the role of regional leaders was more influential.
  • Coalition politics: In the absence of majority at the Centre, the states got more rights and importance.
• Economic Reforms of 1991:
  • The dependence of states on the Centre reduced.
  • The financial resources of the states increased.

Features of federalism in the Indian Union

1. Diarchy
2. Written constitution
3. Division of powers
4. Supremacy of the Constitution
5. Rigid Constitution
6. Independent judiciary
7. Bicameral parliament

Unitary features of the Indian Constitution

1. Structures that enhance unitary federalism
2. Strong Centre
3. Single Constitution
4. Limited role of states in constitutional amendments
5. Unequal representation in the Rajya Sabha
6. Emergency provisions
7. Single citizenship
8. Unified Judiciary
9. All India Services
10. single audit system
11. President’s veto power on state bills
12. Unified Election Commission
13. Lack of immortality of states
14. Parliament’s exclusive power over the State List
15. The Governor is appointed by the Centre
16. Financial centralization by the Planning Commission (formerly)
17. GST – Unified System of Taxation
18. Charismatic leadership of the Prime Minister and one-party dominance

Institutions promoting cooperative federalism

1. Inter-State Council (Article 263)

• For coordination between the Centre and the states.

2. Regional Councils

• To resolve specific issues and regional matters.

3. National Integration Council

• Established: 1961 (Nehru Government)
• First meeting: 1962
• Nature: Non-constitutional and non-statutory body
• Chairman: Prime Minister
• Composition: Union Ministers, Chief Ministers of States, Administrators/Chief Ministers of Union Territories, Chairpersons of Commissions, representatives of media, trade, labour and women.
• Objective: To solve challenges like linguisticism, casteism, communalism, regionalism and promote national unity.

4. NITI Aayog

• Founded: 1 January 2015
• Announced: August 15, 2014 (Prime Minister Modi)
• Nature: Extra-constitutional and non-statutory body (established by resolution of the executive)
• Main objectives:Promotion of cooperative federalism.

Articles relating to the Union and its territories

Article 1: Name and territory of the Union

1. Clause (1) – India shall be a Union of States.
2. Clause (2) – The territory of India shall be as specified in the First Schedule.
3. Clause (3) – The territory of India shall be constituted in three ways:
   • (a) Territories of the States
   • (b) Union Territories
   • (c) Acquired Territories

Examples of major acquired areas

First Schedule

• Gives details of the Union Territories.
• currently:
  • 28 states
  • 8 Union Territories

• At the time of implementation of the Constitution (26 January 1950), the boundaries were constantly changing.
• Article 391 empowered the President to amend the First and Fourth Schedules in the initial period.

Highlights of Article 1

Name of India

• “Bharat i.e. India will be a union of states.”
• India, that is Bharat is written in the Constitution.
• Only the word India was used in the drafts of the Federal Constitution Committee (1947) and the Drafting Committee (1948).
• “India, that is Bharat” was adopted by amendment brought by Dr. Ambedkar (18 September 1948).

Union of State

• The word Federation is not used in the Constitution.
• Two reasons behind calling it Union of States (according to Ambedkar):
  1. The Indian Union is not the result of an agreement between the states.
  2. No state has the right to secede from the Union.
• The Government of India Act, 1935 had the term “Federation of India”, but the Cabinet Mission (1946) adopted the term “Union”.
• On 13 December 1946, Pt. Nehru also used the word “Union” in the Objectives Resolution.
• The Drafting Committee took the word “Union” from the British North America Act, 1867.

Article 391: During the transition period of the implementation of the Constitution, the President had the power to make necessary amendments in the First and Fourth Schedules by order under the provisions of the Government of India Act 1935.Note: Articles 379, 391 – Repealed (1 November 1956)

Territory of India

• The Indian territory is made up of three parts –
  1. States – 28
  2. Union Territories – 8
  3. Acquired Territories

Acquired Territories

• The Constitution of India, in Article 1(3)(c), specifies the territories which are not part of the Union territory.
  • Cession by legal process
  • Treaty
  • Cession by foreign power
  • Victory in war (conquest)
  • Occupation of terra nulliusbe earned through.

Difference between Indian Union and Indian Territory

• Union of India – It includes only those states which are partners in the distribution of power.
• Territory of India – It includes all those areas over which the sovereignty of India extends (States + Union Territories + Acquired Territories).

Article 2 – Admission or establishment of new States

• Article 2 gives two types of powers to the Parliament –
  1. Admission – Power to admit new states into the Union.
     • It refers to those states which already exist but are not yet part of the Indian Union.
• Establishment – ​​Power to establish new states.
  • It is concerned with states to be established or acquired in the future.

Sikkim’s case – under Article 2

• 35th Constitutional Amendment Act, 1974
  • Sikkim was given the status of an “Associated” state with the Indian Union.
  • For this, a new Article 2(A) was added to the Constitution.
• 36th Constitutional Amendment Act, 1975
  • Sikkim was made the 22nd state to fully join the Indian Union.

Article 3 – Alterations in the boundaries and composition of States

• Under Article 3, Parliament has the power to do the following:
  • Parliament by law –
    1. Can form new states (by separation or merger of existing states).
    2. Can increase the area of ​​a state.
    3. Can reduce the area of ​​a state.
    4. Can change the boundaries of a state.
    5. Can change the name of any state.
• Process :
  • Such a bill can be introduced in Parliament only on the recommendation of the President.
  • The President, before recommending it, sends the bill to the concerned State Legislature for consideration.
  • The State Legislature is given a fixed period (which can also be extended) to give its opinion.
  • If the State Legislature –
    • does not give an opinion, or
    • gives opposing opinions,
• Even then the President is not bound to accept it.
• That is, the consent or disagreement of the state has no effect, it is only necessary to know its opinion.
  • In case the Parliament amends the original bill, it is not necessary to send it back to the State Legislature.
  • This bill can be introduced in either House of Parliament and is passed by a simple majority.
  • The President cannot send this bill back for reconsideration.
  • It is not necessary to take the opinion of the Union Territory.
• Feature points :
  • Article 3 states that –
    • Parliament is supreme in this matter.
    • India is an “indestructible union of destructible states”.
• Dr. Rajendra Prasad had said: “India is an indestructible union of breakable states.”
• In contrast, America is called “the indestructible union of indestructible states.”
• 18th Constitutional Amendment (1966) → Clarified that the word “State” used in clauses (a) to (e) of Article 3 includes Union Territories.
  • But the word “State” used in the proviso to Article 3 does not include the Union Territory.
• There is no need for constitutional amendment to change the boundaries of states.
  • But if any territory is to be handed over to a foreign state, then constitutional amendment is necessary (e.g. Berubari case, 1960).
• Berubari Case (1960): The Supreme Court held that ceding the territory of a state to a foreign state would require a constitutional amendment under Article 368.
  • As a result, the 9th Constitutional Amendment (1960) handed over the Berubari area of ​​West Bengal to Pakistan.
• Similarly, the 100th Constitutional Amendment (2015) provided for the exchange of border areas of West Bengal, Assam, Tripura and Meghalaya under the India-Bangladesh Land Agreement.

Article 4 – Nature of laws made under Articles 2 and 3

• Main provisions:
  • Any law made by Parliament under articles 2 and 3 shall be an ordinary law.
  • This will not be considered a constitutional amendment under Article 368.
  • Therefore, Parliament can perform these functions with a simple majority.
• Parliament by a simple majority under Article 3 –
  • state borders,
  • area or
  • Can change the name.
• But under Article 3, Parliament cannot cede any State or any part of its territory to a foreign State.

Berubari Case (1960):

• The Supreme Court held that ceding any territory of India to a foreign state is not possible under Article 3.
• For this, constitutional amendment is necessary, which will be done by special majority under Article 368.

Constitutional amendment and land exchange:

9th Constitutional Amendment (1960) :

• This was done to hand over the Berubari area of ​​West Bengal to Pakistan.

100th Constitutional Amendment (2015):

• Under the India-Bangladesh land agreement
  • West Bengal,
  • Assam,
  • Tripura,
  • Meghalaya Border areas were exchanged.
• Article 4 makes it clear that –
  • Under Articles 2 and 3, Parliament has the exclusive power to create new states and alter the boundaries/names of existing states.
  • But this power is not sufficient to cede territory to a foreign state, and for this Parliament will have to amend the Constitution under Article 368.

Creation of new states

• At the time of India’s independence on 15 August 1947, there were 562 princely states in the country.
• Of these, 559 princely states voluntarily merged with India by 15.08.1947.
• The remaining 03 princely states merged with India in the following manner –
  1. Junagadh (Gujarat) → Joined India by referendum.
  2. Hyderabad → Annexed by police action (Operation Polo) in 1948.
  3. Jammu and Kashmir → Merger with India by written permission of Maharaja Hari Singh (Instrument of Accession, 1948).
• Classification of states under the original Constitution (as per Schedule-1, before 1956)
• The total number of states in India before 1956 was: 29 states
• After independence, the states were divided into four categories in the Constitution –

04 Category of States

Order	A category	B category	C category	D category
–	Part-6	Part-7	Part-8	Part-9
–	These included former British provinces.	States formed by the merger of large princely states.	These included Chief Commissionerate areas and some princely states.	Only one region was in this category
–	Total 9 states	Total 9 states	Total 10 states	01
1	West Bengal	Rajasthan	Ajmer	Andaman and Nicobar Islands
2	Bihar	PEPSU (Patiala and East Punjab States Union)	Coorg (Kodagu)
3	Odisha	Hyderabad	Delhi (Chief Commissionerate Area)
4	Assam	Mysore	Raw
5	Uttar Pradesh (United Provinces)	Saurashtra	Himachal Pradesh
6	Madras	Travancore-Cochin	Manipur
7	Bombay	Central India	Tripura
8	Punjab	Jammu and Kashmir	Bhopal
9	Madhya Pradesh (Central Provinces and Berar)	Vindhya Pradesh	Cooch Behar
10	–	–	Bilaspur	–

Linguistic states and reorganisation of states

Historical context of linguistic reorganisation

• 1903 – Sir Herbert Risley proposed the idea of ​​reorganising provinces on linguistic basis.
• 1936 – Odisha, the first province formed on linguistic basis before independence.
• 1928 – Nehru Committee (Motilal Nehru) also considered language as the basis for provincial reorganization.
• The Union and Provincial Committees of the Constituent Assembly formed a 12-member subcommittee (Chairman – Pattabhi Sitaramayya).
• At present there are 28 states and 8 union territories in India.

Early initiatives

• In February 1948, the Drafting Committee recommended the formation of a commission to examine the demand for linguistic provinces in a footnote to the First Schedule.
• On June 17, 1948, Dr. Rajendra Prasad constituted the S.K. Dhar Commission.

Major Committees and Commissions

Dhar Commission (1947) – Linguistic Provinces Commission

• Formation: 1947
• Report: 1948
• Chairman – Justice S.K. Dhar
• Recommendation – States should be reorganized on the basis of administrative, geographical, financial and development convenience rather than language.
• Conclusion – Formation of states on linguistic basis is rejected.

JVP Committee (1948) – Linguistic Provinces Committee

• Formation: 1948
• Report: 1949
• Members – Jawaharlal Nehru, Vallabhbhai Patel, Pattabhi Sitaramayya
• Recommendation – Formation of states on linguistic basis is not appropriate immediately, but the demand for Andhra state is appropriate.
• Robert King called it “cold water therapy.”

Fazal Ali Commission (1953)

• Formation: 1953
• Report: 1955
• Background – The hunger strike and death of Potti Sriramulu in 1952 intensified the demand for a separate state of Andhra.
• Result – Formation of Andhra State on 1 October 1953 (first state on linguistic basis).
• President – ​​Fazal Ali
• Members – K.M. Panicker, Hriday Nath Kunzru
• Report (1955):
  • Language can be the basis for state formation, but the principle of “one language-one state” is rejected.
  • He suggested four principles for the reorganization of states:
    • National unity and security
    • linguistic and cultural similarities
    • Economic-administrative facility
    • Successful implementation of national schemes
• Suggestion to establish regional councils
• 1 November 1956 → States Reorganisation Act 1956 and Seventh Constitutional Amendment came into force → 14 states and 6 union territories were formed.

Serial No.	States (14)	Union Territories (6)
1	Andhra Pradesh	Delhi
2	Assam	Himachal Pradesh
3	Bihar	Manipur
4	Bombay	Andaman and Nicobar
5	Jammu and Kashmir	Lakshadweep, Minicoy Island and Amini Island
6	Kerala	Tripura
7	Madhya Pradesh
8	Madras
9	Mysore
10	Odisha
11	Punjab
12	Rajasthan
13	Uttar Pradesh
14	West Bengal

Formation of new states

Change of names of states and union territories

1969	Madras →	Tamil Nadu
1973	Mysore →	Karnataka
1992	Delhi →	National Capital Territory of Delhi
1995	Bombay →	Mumbai
1996	Madras (city) →	Chennai
2001	Kolkata →	Kolkata
2006	Pondicherry →	Puducherry
2007	Uttaranchal →	Uttarakhand
2011	Odisha →	Odisha

Union Territories of India

Delhi

• Articles 239AA and 239AB were added by the 69th Constitutional Amendment Act, 1991.
  • With this, the Union Territory of Delhi was named the National Capital Territory of Delhi.
  • Article 239AA
    • Delhi has special rights
    • Delhi can make laws on land, police, public order, and other matters in the state and concurrent lists.
  • Article 239AB
    • The President can suspend operations if the statutory machinery fails (as per Section 239AA).
• Redefined as “National Capital Territory” in 1992.
• According to Article 54, Delhi was also included in the definition of ‘State’ in the presidential election.
• However, Delhi is still listed as a Union Territory in the First Schedule.
• Its own assembly and executive, but with limited powers.
• Laws come into force upon receiving the “assent” of the President.

• Article 239 –The President serves as the top administrator of the U.T.
• Article 239A –The Union Territory shall be administered by the President in such manner as he may deem fit.
• (14th Amendment, 1962)In the First Schedule – Delhi has been considered a Union Territory.

Andaman and Nicobar Islands

• 1956: Andaman and Nicobar were declared Union Territories.
• There is a Lieutenant Governor here, who is appointed by the Central Government.
• Capital: Port Blair

Chandigarh

• After the formation of the state of Haryana in 1966, it was declared the joint capital of both the states.
• There is an Administrator here, who is appointed by the President of India.

Dadra and Nagar Haveli and Daman and Diu

• It was under Portuguese rule until independence in 1954. Until 1961, a self-elected administration continued.
• The Senior Panchayat of Dadra and Nagar Haveli passed a resolution to merge with the Union of India on 12 June 1961.

• The Government of India accepted it and declared it a special union territory from 11 August 1961.
• It was made a Union Territory by the Constitution (10th Amendment) Act, 1961. This Act came into force with retrospective effect (11 August 1961).
• In November 2019, the Government of India introduced a proposal in Parliament to integrate Dadra and Nagar Haveli and Daman and Diu.
• The merger of the two union territories was announced on 26 November 2019.
• New Union Territory: “Dadra and Nagar Haveli and Daman and Diu”.
• This provision came into effect on 26 January 2020.

Lakshadweep

• 1 November 1956: Lakshadweep was officially declared a Union Territory.
• Earlier it was named: Lakshadweep, Minicoy and Andrott Islands.
• 1973: Its name was changed to “Lakshadweep”.
• There is an administrator appointed by the President.

Puducherry

• The Puducherry region was a former French possession, known in India as Puducherry, Karaikal, Mahe and Yanam.
• France ceded it to India in 1954. Thus, it continued to be administered as an ‘occupied territory’ until 1962.
• It joined India through the Indo-France Transfer Treaty on 10 August 1962.
• By the Constitution (14th Amendment) Act, 1962 –
  • Puducherry was made a Union Territory in the First Schedule.
  • Article 240(1) was amended to empower the President to make regulations for the promotion of peace, progress and good governance.
  • This Act came into force with retrospective effect from 16 August 1962.
• Its own assembly and executive.
• Partial statehood.
• Laws depend on the “assent” of the President.
• Puducherry is the first union territory in India to have a Legislative Assembly.

Jammu and Kashmir

• Jammu and Kashmir was declared a Union Territory on 5 August 2019.
• In August 2019, the Parliament of India passed the Jammu and Kashmir Reorganisation Act.
• The Act came into effect on 31 October 2019.
• The state of Jammu and Kashmir was divided into two union territories:
  • Jammu and Kashmir: With Legislature and Executive.
    • ST/SC reserved (based on population)
    • The Lieutenant Governor can nominate 02 women.
• Ladakh: Without Legislature.

Ladakh

• Declared a Union Territory on 5 August 2019.
• Effective from 31 October 2019.
• Without assembly.

Union Territories with Legislature-

1. Delhi
2. Jammu and Kashmir
3. Puducherry.

Union Territories without Legislature

1. Andaman and Nicobar
2. Chandigarh
3. Dadra and Nagar Haveli and Daman and Diu
4. Ladakh
5. Lakshadweep

Jammu and Kashmir and Ladakh reorganisation (2019)

• Under Article 370(1):
  • The President issued the Constitution (Application to Jammu and Kashmir) Order, 2019.
  • This order came into effect with the consent of the Jammu and Kashmir State Government.
  • After the order, all the provisions of the Indian Constitution became applicable to Jammu and Kashmir.
  • Thus the special status granted under Article 370 came to an end.
• Changes in Article 370(3):‘
  • Constituent Assembly of the State’ shall be read as ‘Legislative Assembly of the State’.
• Jammu and Kashmir (Reorganisation) Act, 2019:
  • The state of Jammu and Kashmir was divided into two union territories –
    • Jammu and Kashmir (including Legislative Assembly)
    • Ladakh (without Legislative Assembly)
  • The Act came into force from October 31, 2019.
• Features of Jammu and Kashmir Legislative Assembly:
  • Seats were reserved for Scheduled Castes (SC) and Scheduled Tribes (ST) on the basis of their population.
  • If women are not adequately represented, the Lieutenant Governor may nominate two women.
  • Supreme Court Decision (December 11, 2023):
    • A 5-judge bench delivered a historic verdict.
    • Upheld the Central Government’s decision to remove Article 370 and 35A.
    • Justified the constitutional validity of the abrogation of special status of Jammu and Kashmir.
  • Other restructuring (2019–2020)
    • The Dadra and Nagar Haveli and Daman and Diu Merger Act, 2019:
      • Parliament passed this Act in November–December 2019.
      • Came into effect from 26 January 2020.
      • Through this, Dadra and Nagar Haveli and Daman and Diu were merged to form a single Union Territory.

Regional Councils

Installation

• Objective: To increase cooperation and coordination among the states.
• Base:
  • Suggestion of Prime Minister Pt. Jawaharlal Nehru.
  • Recommendation of Fazal Ali Commission.
• Legal provisions: Under the States Reorganisation Act, 1956
• Nature: Statutory Body, not constitutional.
• Formation: By the President.
• Chairman: Home Minister of India (ex officio).
• Objective:
  • Regional cooperation between states.
  • To strengthen the feeling of unity and nationalism.
  • Economic, social, political cooperation and coordination in development plans.
  • Resolution of border and other inter-state disputes.

Membership structure

1. Chairman – Home Minister of India (ex-officio).
2. Vice-Chairman – Chief Ministers of the respective states (by rotation every year).
3. Other members – 2 ministers from the respective states (nominated by the Governor)
4. Union Territory – concerned administrator.

Advisory Member (No Voting Rights) –For each regional council

1. A nominated member of the NITI Aayog (formerly Planning Commission).
2. Chief Secretaries of the States.
3. Development Commissioners of the States.

List of Zonal Councils (1956)

• 5 Zonal Councils under the States Reorganisation Act, 1956:
  • Northern Zonal Council –Headquarters: New Delhi
    • States: Rajasthan, Punjab, Haryana, Himachal Pradesh, Jammu & Kashmir, Chandigarh.
  • Central Zonal Council –Headquarters: Allahabad
    • States: Uttar Pradesh, Madhya Pradesh, Chhattisgarh, Uttarakhand.
  • Eastern Zonal Council –Headquarters: Kolkata
    • States: Bihar, Jharkhand, Odisha, West Bengal.
  • Western Regional Council –Headquarters: Mumbai
    • States: Maharashtra, Gujarat, Goa, Dadra and Nagar Haveli and Daman and Div (UT).
  • Southern Regional Council –Headquarters: Chennai
    • States: Andhra Pradesh, Telangana, Tamil Nadu, Kerala, Karnataka, Puducherry (UT).
  • Currently there are 06 –
  • North Eastern Regional Council –Headquarters: Shillong (Meghalaya).
    • Formation: North Eastern Council Act, 1971.
    • Members: 7 North Eastern States (Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Tripura) + Sikkim.
  • Constitution of Himalayan States Regional Council –
    • November 15, 2018
    • By NITI Aayog
    • Chairman – Dr. V.K. Saraswat

features

• Consultative body only.
• Their recommendations are not binding.
• Objective:
  • Cooperation between states, union territories and the Union.
  • To eliminate narrow tendencies like regionalism and linguistic chauvinism.
  • Strengthening the feeling of nationalism.
  • To coordinate and accelerate development plans.