Asymmetric federalism for UPSC

 

1.1  Asymmetric federalism

A federal government is one in which powers are divided between the national government and the regional governments by the Constitution itself and both operate in their respective jurisdictions independently.

Asymmetric federalism is a concept where different constituent states possess different powers and relationships with the central government.

Asymmetric federalism is based on unequal powers and relationships in political, administrative, and fiscal arrangement spheres between the federal units constituting a federation.

In such a federal setup, some states enjoy more autonomy or have unique arrangements as compared to others. It permits particular states to have greater executive, legislative, and at times, judicial powers than other states.

1.1.1                        Types of Asymmetric Federalism with Constitutional Provisions

Asymmetric federalism can be both vertical (between centre and states) and horizontal (among the states). It is promoted by the various constitutional provisions and conventions practised in the federation.

1.1.1.1             Vertical Asymmetry (Centre and States)      

Article 3 - The Centre can unilaterally alter the state names and boundaries.

Article 352 - Provisions related to imposition of National Emergency.

Article 356 & 365 - Provisions related to imposition of President’s rule. (Also in Article 256, 355 and 239AB)

Article 248 - Residuary powers of legislation rests with the parliament.

Single citizenship - In India, only single citizenship is available to citizens. They cannot be citizens of the state as well.

Governor’s appointment - The governor of a state acts as the Centre’s representative in the state.

+ other provision of strong center or unitary features of constitution.      

1.1.1.2             Horizontal Asymmetry (Between States/UT’s)

No Equality of State Representation in Rajya Sabha: The states are given representation in the Rajya Sabha on the basis of population. Hence, the membership varies from 1 to 31.

Part X of Indian constitution: Special provisions for the Scheduled Areas and Tribal Areas

Schedule V - Schedule V provides for the administration of Scheduled Areas and Scheduled Tribes in any state except the tribal areas of Assam, Meghalaya, Tripura, and Mizoram.

Schedule VI - Schedule VI provides for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.

Article 239AA - Delhi has a unique status among the UTs by having a state legislature.

Part XXI of Indian constitution: Temporary, Transitional and Special Provisions for some States

Article 370 - Before the abrogation of Article 370 in 2019, the state of Jammu and Kashmir had special provisions for administration. In 2023, Supreme Court held that Article 370 is an instance of asymmetric federalism.

Article 371-371J - Special position, powers, and protection enjoyed by some states.

Part VIII of Indian constitution: Special provisions for the Union Territories.

1.1.1.3             Fiscal Asymmetry

Vertical asymmetry (State share in central taxes) - The Finance Commission is a constitutional body formed by the President of India to give suggestions on centre-state financial relations. As per the recommendations of the 15th FC, the share of states in the central taxes for the 2021-26 period is recommended to be 41%.

When transferring funds from the Centre to States, statutory transfers are made based on the recommendations of the Finance Commission.

Horizontal asymmetry (Devolution among states) - Criteria like income distance, demographic performance, forest and ecology, etc., are used for differential devolution among the states.

Centrally sponsored schemes (CSS) - For special category status states, the Centre pays 90% of the funds required in a CSS, as against 60% in the case of normal category states.

1.1.2                        What is the Significance of Asymmetric Federalism in India?

Social justice: Allowance for separate laws to govern different tribal areas, and provisions for various kinds of affirmative action for extremely disadvantaged groups help in ensuring justice to them. These provisions respect and preserve diversity of the country by protecting vulnerable group through special powers. This ensures unity in diversity leading to ‘sabka sath sabka vikas’.

Ensuring Internal security- The border states of India have been given larger autonomy for management of Internal security by ensuring administrative convenience. For ex- Inner line permit.

Preserving Unity in Diversity: India's strength lies in its diversity, and asymmetric federalism helps maintain unity while respecting this diversity. States with special status, like certain northeastern states, have specific constitutional provisions safeguarding their autonomy while being part of the Indian Union. Asymmetrical federalism allows for self-rule within the framework of Indian Constitution.

Protection of minorities rights- Asymmetrical federalism ensures that minorities are not marginalised by giving more power and autonomy to regions where certain minority groups are concentrated.

Addressing State-specific issues- Asymmetrical federalism ensures that the state-specific issues are given the attention and resources they need.

Strengthening Federalism- Asymmetric Federalism strengthens federalism by ensuring decentralisation of power and decision-making as per requirements of the federal units.

Reduce radicalisation: Special powers given to the different state under part 21 help in reducing radicalisation.

Therefore, asymmetric federalism plays an important role in accommodating the diverse needs and aspirations of different regions of India while maintaining the unity and integrity of the nation. In fact, it matches the diversity of India.

1.1.3                        What are the Challenges with the Asymmetric Federalism in India?

Promotes Regionalism and separatism- Special statuses sow seeds of regionalism and separatism and it impacts ‘national integration.’ The leader of Jammu and Kashmir said that Article 370 is a bridge that connects India and Jammu and Kashmir.

Threats to National Unity: While asymmetric federalism aims to accommodate diversity, it might inadvertently fuel separatist tendencies. Granting too much autonomy to certain regions could potentially weaken the sense of national unity and integrity.

Policy Harmonization Challenges: Different levels of autonomy might hinder the uniform implementation of national policies. This can lead to discrepancies in the application of laws and policies, creating challenges in achieving national objectives uniformly across all states.

Inequality Among States: Granting special status or greater autonomy to certain states can create disparities among states. States without special provisions might feel neglected or unfairly treated, leading to discontent and demands for similar status.

Complexity in Governance: Varying degrees of autonomy across states can lead to administrative complexities. Coordinating policies and decision-making between the central government and states with different levels of autonomy can be challenging, potentially affecting governance efficiency.

Tensions and Disputes: Asymmetric federalism can lead to conflicts between states and the central government. Disputes might arise regarding the extent of autonomy, allocation of resources, or interpretation of constitutional provisions, causing political tensions.

Unequal Distribution of Powers- Asymmetric federalism creates imbalances in decision-making and resource-allocation, leading to perceptions of favouritism and discrimination.

Varying levels of cultural and linguistic protections- There is difference in the level of cultural and linguistic protections granted by the application of asymmetric federal principles. This leads to disparities in the promotion and protection of cultural and linguistic protections.

Economic disparities and regional imbalances- Some regions benefit from preferential funding or fiscal arrangements, while others may receive fewer resources, resulting in economic disparities and regional imbalances.

Selective application based on political considerations- The application of these asymmetric federal principles may be influenced by political factors, resulting in inconsistent treatment.

1.1.4                        Way Forward

India’s founding fathers recognized the need for a salad bowl approach to governance, which recognizes the distinctive cultural differences in the country and permits self-rule within the scheme of a shared rule. This led to the unique governance model of India, as highlighted by the asymmetric federalism.

However, due to political considerations and in the name of greater autonomy, these special provisions are being misused, leading to dissatisfaction among the constituent units. Moving forward with asymmetric federalism in India involves several key considerations:

Promoting Cooperative Federalism: Emphasizing cooperative federalism is crucial. Encouraging collaboration between the central government and states, irrespective of varying degrees of autonomy, can lead to better policy implementation and more effective governance.

Empowering Local Governance: Strengthening local governance structures within states can complement asymmetric federalism. Empowering local bodies ensures that even within states with special status, grassroots-level decision-making and development can thrive. It will reduce the demand of more Autonomy.

Balanced Approach: Striking a balance between autonomy for certain regions and maintaining the unity of the nation is crucial. Policies should aim to address regional aspirations while ensuring that they don't compromise the overall integrity and sovereignty of the country.

Dialogue and Consensus-Building: Encouraging open dialogues and consensus-building among states and the central government is essential. Regular discussions can help address grievances, resolve disputes, and foster a sense of cooperation and mutual understanding.

Financial Equilibrium: Ensuring financial stability among states is vital. While providing autonomy, mechanisms should be in place to prevent fiscal disparities and ensure equitable distribution of resources to promote balanced development across regions.

Constitutional Clarity: Clearly defining the extent of autonomy and powers granted to different regions in the Constitution can prevent ambiguities and potential conflicts. Regular review and updating of constitutional provisions might also be necessary to adapt to evolving regional dynamics.

Conflict Resolution Mechanisms: Establishing robust mechanisms for conflict resolution is necessary. This could involve specialized committees, courts, or forums dedicated to addressing disputes arising from asymmetric federalism.

Public Participation and Awareness: Increasing public awareness about the benefits and challenges of asymmetric federalism fosters understanding and support. Involving citizens in decision-making processes concerning regional autonomy can enhance inclusivity and legitimacy.

Regular Review and Adaptation: Periodic evaluations of the functioning of asymmetric federalism can help identify challenges and opportunities for improvement. Flexibility in policy adaptation based on these reviews is crucial for its effective implementation.

By adopting these measures and maintaining a proactive, inclusive approach, India can navigate the complexities of asymmetric federalism more effectively, leveraging the strengths of regional diversity while preserving the unity of the nation.

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