The Sixth Schedule of the Constitution provides for the administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram to safeguard the rights of the tribal population in these states.
Constitutional Provisions: Established under Article 244(2) and Article 275(1).
Formation: Based on recommendations from the Bordoloi Committee.
Benefits of inclusion:
- Empowerment: Creation of Autonomous Regional Councils (ARCs) and Autonomous District Councils (ADCs) – elected bodies with the power to administrate tribal areas.
- Legislative Power: Authority to legislate on forest management, agriculture, village and town administration, inheritance, marriage, divorce, and social customs.
- Judicial Powers: Ability to establish village councils or courts to resolve disputes among Scheduled Tribes, and appoint officers for law enforcement.
- Financial Powers: Permission to collect land revenue, levy taxes, regulate money lending and trading, collect royalties from mineral extraction, and establish public amenities.
- Legislative Exemptions: Acts of Parliament or state legislatures may not apply or apply with specified modifications and exceptions to autonomous districts and regions.
- Article 355 refers to the provision in the Constitution that states that “It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of this Constitution”.
- Part of emergency provisions contained in Part XVIII of the Constitution of India, from Article 352 to 360.
- Based on the principle of “duty to protect”.
EXTRA – Imposed in Manipur, in an effort to control the unrest in the state.
The 7th Schedule of the Indian Constitution defines the distribution of legislative powers between the Union and the States, essential to India’s quasi-federal structure.
Key Significance:
- Three Lists– Union, State, and Concurrent Lists define subject-wise law-making powers.
- Legislative Clarity– Prevents overlap and jurisdictional conflicts between the Centre and States.
- Federal Balance– Maintains autonomy of States while ensuring national unity.
- 42nd Amendment Impact– Shifted key subjects (e.g., education, forests) to the Concurrent List, increasing central control.
- Facilitates Cooperative Federalism– Promotes coordination in policy areas under the Concurrent List.
- Bihar and Andhra Pradesh have been actively demanding Special Category Status (SCS) from the Central Government.
- Special Category States are those Indian states given preferential treatment in financial assistance and central schemes due to their unique socio-economic and geographical challenges. It was a classification introduced by the Planning Commission in 1969.
- Criteria for Designation:
- Hilly and difficult terrain
- Low population density or sizable tribal population
- Strategic location along international borders
- Economic and infrastructural backwardness
- Non-viable state finances
- Note: The 14th Finance Commission discontinued the SCS status in 2015, but some benefits continue through other mechanisms
The Constitution of India establishes a federal system of government.However, the Indian Constitution also contains many unitary or non-federal features.
Federal features : Two governments (central and state), Division of powers, Written Constitution, Supremacy of the Constitution, Rigidity of the Constitution, Independent judiciary and Bicameralism
Unitary features :a strong Centre, a single Constitution, single citizenship, flexibility of the Constitution, states not being indestructible, no equality of state representation, All India Services, integrated audit and election machinery (CAG and EC), veto over state bills (Article 201), integrated judiciary, appointment of state governors by the Centre, emergency provisions, and so on.
Hence, the Indian Constitution has been described as ‘quasi-federal’ by K.C. Wheare, ‘federation with a centralizing tendency’ by Ivor Jennings, and so on.
SC observation : In the Bommai case(1994), the Supreme Court observed that the Constitution is federal and characterized federalism as its ‘basic feature.’ The states have an independent constitutional existence and are not satellites or agents of the Centre.
The Punchhi Commission, chaired by former Chief Justice of India Madan Mohan Punchhi, was constituted by the Union Government in April 2007 to review and examine the functioning of existing arrangements between the Union and States.
Major recommendation to strengthen Cooperative federalism
- Regarding Office of Governor :
- Appointment : adopt the following strict guidelines (i) He/she should be eminent in some walk of life (ii) a person from outside the state (iii)a detached figure etc
- A committee for appointment of governors → it may comprise thePrime Minister, the Home Minister, the Lok Sabha’s speaker and the concerned Chief Minister of the State.
- fixed tenure of 5 years , Removal → impeachment procedure like President
- Discretionary powers should be used sparingly, and must be a choice dictated by reason activated by good faith and tempered by caution.
- Make decision on a Bill within 6 months
- provided clear guidelines on the order of precedence for the appointment of chief ministers, thereby limiting the governor’s discretionary powers in this regard.
- Cooperation
- Amend article 263 : make the Inter-State Council a credible, powerful and fair mechanism for management of inter-state and Centre-state differences.
- Zonal Councils → Meet at least twice a year
- New All India Service → Health, Education, Judiciary
- The Seventh Schedule should be amended to include ‘Environment, Ecology and Climate Change’ under the Union list.
- Political Federalism
- Concurrent list : Some broad agreement should be reached before introducing Bills on Concurrent Subjects by institutionalizing a mechanism under the ISC.
- Emergency : Article 356 should be amended to incorporate guidelines set forth by the SC in S.R. Bommai case (1994) ; Provide a framework for ‘localized emergency’ (Art. 352, 356 → last resort)
- Rajyasabha : Factors inhibiting the functioning of the Rajya Sabha as a representative forum of States should be removed; States should be given equal representation; requirement of domicile status for election to Rajya Sabha should be restored
- Economic Federalism
- All future Central legislation involving States’ involvement should provide for cost sharing.
- Consultation with states in finalizing the Terms of Reference of the Finance Commission.
- Review of all transfers to States to minimize discretionary transfers (like CSSs)
The MHA’s recent initiative to seek states’ comments on the Punchhi Commission reflects a commitment to Cooperative Federalism, fostering collaboration to propel India forward in the era of Amrit Kaal.
K.C. Wheare called India a “quasi-federal” state due to the centralizing tendencies despite a federal framework. Dr. B.R. Ambedkar described it as a “federal Constitution with a strong unitary bias.”
Quasi-Federal Features of Indian Polity:
- Dual Polity- There is a clear division of powers between the Union and the States via the Union, State, and Concurrent Lists under the Seventh Schedule.
- Written and Rigid Constitution- The Constitution is written and partially rigid, with some provisions requiring joint consent of the Centre and States for amendment.
- Independent Judiciary- The Supreme Court acts as the guardian of the Constitution and resolves Centre-State disputes.
- Bicameralism- The Rajya Sabha represents states in the Parliament, allowing them a voice in national legislation.
Unitary Spirit in Practice:
- Strong Centre- Union List has more subjects and dominates over the State List. States have limited autonomy in law-making.
- Emergency Provisions- During emergencies (Articles 352, 356, 360), powers get centralized, and the federal structure turns unitary.
- Single Constitution & Citizenship- India has one Constitution and single citizenship for all, unlike classical federations like the USA.
- Appointment of Governors- The Centre appoints governors and can act as agents of the Union, influencing state administration.
- All-India Services- Officers like IAS, IPS serve both the Centre and the States but are controlled by the Union, reducing state autonomy in administration.
India’s federalism is a federation in form but unitary in substance, designed to preserve national unity while accommodating regional diversity, making it a ‘cooperative federalism with centralising tendencies’.
The recent delimitation in Jammu & Kashmir (2022), under the J&K Reorganisation Act, revived the national debate on the fairness and timing of delimitation exercises, especially with a freeze on nationwide delimitation until after 2026.
Constitutional Rationale for Delimitation:
- Ensures Equitable Representation– Based on “one person, one vote” to prevent over- or under-representation in the Lok Sabha and State Assemblies.
- Mandated by the Constitution– Articles 82 & 170(3) provide for periodic delimitation after each census through a Delimitation Act passed by Parliament.
- Role of the Delimitation Commission– An independent authority headed by a retired SC judge ensures transparency and non-partisanship (Acts in 1952, 1962, 1972, 2002).
- Balance between Growth and Governance– The 42nd and 84th Amendments sought to freeze seat allocation to promote family planning and prevent punishing states with better governance.
- Upholds Electoral Federalism– Delimitation ensures a balance in representation among states, preserving the spirit of cooperative federalism.
- Protects Marginalized Groups’ Representation– Adjustments to SC/ST seats maintain proportional affirmative representation as required under Articles 330 and 332.
Practical Hurdles in Execution:
- Political Sensitivities– Southern states oppose delimitation based on the latest population data due to fears of losing representation for controlling the population effectively.
- Distorted Representation– Constituency sizes remain based on the 1971 census, leading to severe inequities in voter-to-representative ratios.
- Census Delays– With the 2021 Census postponed, the base data for delimitation is outdated, delaying execution beyond the 2026 timeline.
- Threat to Federal Balance– Delimitation could empower populous northern states, altering the federal equilibrium in Parliament.
- Electoral Uncertainty for Political Parties– Redrawing boundaries reshapes constituencies and may displace vote banks, prompting resistance from incumbents.
- Administrative Burden and Legal Disputes– Delimitation requires extensive voter list revision, polling station reallocation, and often faces legal challenges from affected regions.
Way Forward:
- Post-2026 Balanced Delimitation Framework- Ensure fair representation by adopting a weighted formula balancing population size and governance efficiency.
- Timely Census & Use of Technology- Conduct the pending Census swiftly and employ GIS-based mapping for accurate, transparent boundary demarcation.
- Federal Consultations & Legal Safeguards- Build political consensus through inter-state dialogue and strengthen the legal independence of the Delimitation Commission.
Asymmetric Federalism: It is based on unequal powers and relationships in political, administrative, and fiscal arrangement spheres among the constituent units (States). In India, asymmetry exists both vertically (between Centre and States) and horizontally (among the States).
Existing intrinsic asymmetry :
Vertical Asymmetry (Centre and States) | Horizontal Asymmetry (Between States/UT’s) | Fiscal Asymmetry |
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Role of Asymmetry in Cooperative Federalism:
- Based on weighted and differentiated equality : Equal treatment of all States while recognizing varying capacities.
- Balancing national unity with regional autonomy : States like Nagaland and Mizoram enjoy negotiated autonomy as a political compromise. Parliament is prohibited from interfering with religious, social practices, land, and natural resources in these states.
- Allows Self-Rule within Shared Rule: Creation of Autonomous District Councils acknowledges historical rights and facilitates self-rule within the shared rule framework.
- Protecting Diversity: Addresses India’s linguistic, cultural and religious diversity by allowing differentiated treatment for states.
- Grants concessions to certain conflict- ridden regions to prevent secessionism and address autonomy demands.
- Special provisions facilitate inclusive decision-making and resource distribution.
However, Concerns have also been raised against asymmetric federalism citing potential for regionalism and separatism.
The recent abrogation of Article 370 also highlights the importance of ensuring that the principles of asymmetric federalism are not misused, emphasizing the ongoing need to balance regional autonomy with national unity.
Despite challenges, asymmetrical federalism remains relevant for accommodating diverse groups and promoting cooperative federalism.It is crucial for sharing governance responsibilities and ensuring inclusive governance in a multicultural society like India.
Extra
- Article 370 Abrogation Case: Petitioners argued for internal sovereignty under Article 370. The Supreme Court ruled it as a feature of asymmetric federalism, not internal sovereignty.
- Article 371A-I:
- Provides special provisions for at least nine states.
- Categorized under “Temporary, Transitional and Special Provisions” section.
- Operable until crisis ceases, but lacks explicit expiry dates
- India adopted the salad bowl approach over the melting pot, recognizing the existing pluricultural society.)
The Indian Constitution establishes a federal system with some unitary features. It is sometimes called a quasi-federal system, as it contains elements of both federation and union.
Trends Indicating Weakening of Indian Federalism | Trends Indicating Counterbalancing of Indian Federalism |
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The evolving political landscape, marked by the resurgence of coalition politics and the increasing influence of regional parties, offers a unique opportunity to redefine and strengthen the federal structure. Achieving a balanced federal structure requires concerted efforts towards collaboration, empowerment of states, clarity in roles and responsibilities, and trust-building between the central government and states.
